Loading...
2020-355-Resolution No. 2020-062 Recorded 10/16/2020REVIEWED LEGAL COUNSEL Recorded in Deschutes County C J2020.355 Nancy Blankenship, County Clerk Commissioners'Journal 10/16/2020 9:35:16 AM OO(✓�` IIIII�II'I"II�II�IIIIIIII II�II 2020-355 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution to Acquire Right of Way for the US20 at Ward/Hamby Intersection RESOLUTION NO. 2020-062 Improvements Project WHEREAS, Deschutes County may exercise the power of eminent domain pursuant to ORS 368.096 and the Law of the State of Oregon generally, when the exercise of such power is deemed necessary by the Board of County Commissioners of Deschutes County to accomplish public purposes for which Deschutes County has responsibility; and WHEREAS, Deschutes County has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public; and WHEREAS, the project known as US20 at Ward/Hamby Intersection Improvements has been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and WHEREAS, to accomplish the project or projects set forth above it is necessary to acquire the interests in the property described in "Exhibit A" attached to this Resolution and, by this reference incorporated herein; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury. Section 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A to this Resolution. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law. Section 3. The Deschutes County Road Department, the Deschutes County Legal Department, and the Oregon Department of Transportation are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the Board PAGE 1 of 2 — RESOLUTION NO.2020-062 Section 4. Deschutes County expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. Dated this day of d644, 2010. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PA TI ADAIR, Chair ATTEST: ANTHONY DEBONE, Vice Chair Re ing S cret ryPHILIP G. HENDERSON, Commissioner PAGE 2 of 2 — RESOLUTION NO.2020-062 RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 1 OF 19 EXHIBIT A - Page 1 of 3 Parcel 1 - Access File 9563001 RW9563M 9/16/2020 A parcel of land lying in the NE'/4SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being that property designated as Parcel 1 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records. Parcel 2 — Fee A parcel of land lying in the NE'/4SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 1 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described as follows: Beginning at Engineer's center line Station 105+00.00 P.O.T, said station being 1,298.84 feet North and 2,164.64 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 89150' 00" East 933.90 feet; thence on a 2,864.77 foot radius curve left (the long chord of which bears North 85101' 00" East 481.09 feet) 481.66 feet; thence North 801 12' 00" East 3,584.44 feet to Engineer's center line Station 105+00.00. The width in feet of said strip of land is as follows: Station to 116+99.00 118+13.00 121 +51.00 126+14.00 Station 118+13.00 121 +51.00 126+14.00 127+60.00 Width on Northerly Side of Center Line 42.00 42.00 in a straight line to 185.00 185.00 in a straight line to 472.00 472.00 in a straight line to 448.00 Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 4.39 acres, more or less. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 2 OF 19 EXHIBIT A - Page 2 of 3 Parcel 3 — Fee File 9563001 RW9563M 9/16/2020 A parcel of land lying in the NE'/4SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 1 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described in Parcel 2. The width in feet of said strip of land is as follows: Station to 126+14.00 Station 128+31.00 EXCEPT therefrom Parcel 2. Width on Northerly Side of Center Line 472.00 in a straight line to 825.00 This parcel of land contains 15,201 square feet, more or less. Parcel 4 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the NE%4SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 1 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described in Parcel 2. The width in feet of said strip of land is as follows: Station to Station 119+07.00 119+37.00 119+37.00 125+83.00 125+83.00 127+61.00 127+61.00 128+31.00 Width on Northerly Side of Center Line 55.00 in a straight line to 228.00 228.00 in a straight line to 512.00 512.00 in a straight line to 766.00 766.00 in a straight line to 747.00 RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 3 OF 19 EXHIBIT A - Page 3 of 3 File 9563001 RW9563M 9/16/2020 EXCEPT therefrom Parcel 2. ALSO EXCEPT therefrom Parcel 3. This parcel of land contains 1.90 acres, more or less. Parcel 5 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the NE'/4SE'/ of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 1 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described in Parcel 2. The width in feet of said strip of land is as follows: Station to 116+99.00 Station 119+07.00 EXCEPT therefrom Parcel 2. Width on Northerly Side of Center Line 71.00 in a straight line to 55.00 This parcel of land contains 2,404 square feet, more or less. NE1 /4SE1 /4 SEC. 3S, T. 1 7S, R. 12E, W.M. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 4 OF 19 i i r 22*48.18 P.I. N.204383.91 E.264192.39 ANDERSON, TAYLOR ET AL (2) Temporary Easement For Work Area O 2076-75486 3,350 FTZ+ (Z�o 4.96AC. f, Rein. Q1 1, 259 FT2+ / r 83' i r 20+26.77 P.C. NEI/4, SE1 /4 ,-o��r 20 Viy 0 {. o A 15,207 FTIt i i A % I N n P�Qa EASTSIDE BEND L L C µ ' r'No 2012-35871 (\tFa 15.65AC. , Rem. p � N w 0 lT N Nw / 4.39 AC, +o � v 0p1 Oprcess W Area 2,40 4 FTz_ - -------- ....--. 1029 Easeme tForWork S Temporary A N ----------------------------- I ACTIVE DRAWING THIS DRAWING SHOW5 THE PROPOSED R1W NEEDED TO BE ACQUIRED TO SUPPORT THE PROJECT DESIGN SUBJECT TO CHANGE OREGON DEPARTMENT OF TRANSPORTATION SECTION US20: Ward/Hamby Rd. Intersection SCALE 7 " = 700 HIGHWAY Central Oregon Highway DATE September, 2020 RIGHT OF WAY ENGINEERING COUNTY Deschutes County FILE 9563 007 AND 006 PURPOSE Sketch Map SEE DRAWING RW9563M SKETCH MAP RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 5 OF 19 EXHIBIT A - Page 1 of 3 Parcel 1 - Access File 9563002 RW9563M 8/17/2020 A parcel of land lying in the E%2SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being that property designated as Parcel 2 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records. Parcel 2 — Fee A parcel of land lying in the E'/2SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 2 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of Ward Road, which center line is described as follows: Beginning at Engineer's center line Station 5+00.00 P.O.T, said station being 500.00 feet North and 0.03 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 000 00' 14" West 2,026.77 feet; thence on a 2,864.79 foot radius curve right (the long chord of which bears North 40 24' 57" East 441.51 feet) 441.95 feet; thence North 08150' 07" East 331.28 feet to Engineer's center line Station 28+00.00. The width in feet of said strip of land is as follows: Station 8+18.00 10+20.00 13+15.00 to Station 10+20.00 13+15.00 14+39.00 Width on Westerly Side of Center Line 30.00 in a straight line to 75.00 75.00 in a straight line to 204.00 204.00 in a straight line to 225.00 Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 1.24 acres, more or less. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 6 OF 19 EXHIBIT A - Page 2 of 3 File 9563002 RW9563M 8/17/2020 Parcel 3 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the E%2SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 2 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Westerly side of the center line of Ward Road, which center line is described in Parcel 2. The width in feet of said strip of land is as follows: Station to 7+27.00 Station 14+39.00 EXCEPT therefrom Parcel 2. Width on Westerly Side of Center Line 60.00 in a straight line to 283.00 This parcel of land contains 38,390 square feet, more or less. Parcel 4 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the E%zSE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 2 and described in that Statutory Warranty Deed to Eastside Bend, LLC, recorded September 12, 2012 as Instrument No. 2012-035871, Deschutes County Records; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Central Oregon Highway at Engineer's Stations 113+00.00 and 124+30.00 and included in a strip of land 55.00 feet in width, lying on the Southerly side of said center line, which center line is described as follows: Beginning at Engineer's center line Station 105+00.00 P.O.T, said station being 1,298.84 feet North and 2,164.64 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 890 50' 00" East 933.90 feet; thence on a 2,864.77 foot radius curve left (the long chord of which bears North 85° 01' 00" East 481.09 feet) 481.66 feet; thence North 801 12' 00" East 3,584.44 feet to Engineer's center line Station 105+00.00. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 7 OF 19 EXHIBIT A - Page 3 of 3 EXCEPT therefrom Parcel 3. This parcel of land contains 16,243 square feet, more or less. File 9563002 RW9563M 8/17/2020 i o o°:z RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 8 OF 19 Z o W o w � a ~�G cl amp = o Inpx w 2°ti-2 u q WARD ROAD N 0°00'13" W Q o� Z 1 h l H Work Area For .,FaSeYnent� ti '1 QTemp°ra 38,39� Fr51' 4-30 M Ib 1' � ' J 1" '1 1' 11 1{ 1� It W �u,,+1 Ld t II�,l Q N Q 1� 111 N 1' r i w Lr rn w 120 ', LLJ Ln V1 ° 1� d PT w it 5.56 1 w Ln 119+ 1' z o Ii L ro { 1 w 1{ Z 1{ P.I. 116+75.30 v v w O a Z S I v v v 1{ 1{ Z a + O U ig: U_ z a y w v S O u a Z O 115 �1 114+33.90 P.C.- z Q h W � F- ' w� ZZ - - F- V W V W T155' +00 0 z O 0 RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 9 OF 19 EXHIBIT A - Page 1 of 2 Parcel 1 - Access File 9563003 RW 9563M 9/16/2020 A parcel of land lying in the NW'/4SW'/ of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being that property described in that Statutory Warranty Deed to Craig Michael Gales and Lori Jean Gailes, Trustees of the Successor Trustee of the Craig and Lori Gales Living Trust UTA dated November 1, 2005, recorded September 15, 2019 as Instrument No. 2019-24591, Deschutes County Records. Parcel 2 — Fee A parcel of land lying in the NW'/4SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Craig Michael Gales and Lori Jean Gailes, Trustees of the Successor Trustee of the Craig and Lori Gales Living Trust UTA dated November 1, 2005, recorded September 15, 2019 as Instrument No. 2019-24591, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described as follows: Beginning at Engineer's center line Station 105+00.00 P.O.T, said station being 1,298.84 feet North and 2,164.64 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 89150' 00" East 933.90 feet; thence on a 2,864.77 foot radius curve left (the long chord of which bears North 85101' 00" East 481.09 feet) 481.66 feet; thence North 801 12' 00" East 3,584.44 feet to Engineer's center line Station 105+00.00. The width in feet of said strip of land is as follows: Station 126+85.00 132+58.00 135+42.00 to Station 132+58.00 135+42.00 137+78.00 Width on Northerly Side of Center Line 250.00 in a straight line to 148.00 148.00 in a straight line to 50.00 50.00 Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 2.31 acres, more or less. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 10 OF 19 EXHIBIT A - Page 2 of 2 File 9563003 RW 9563M 9/16/2020 Parcel 3 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the NW'/4SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Craig Michael Gales and Lori Jean Gailes, Trustees of the Successor Trustee of the Craig and Lori Gales Living Trust UTA dated November 1, 2005, recorded September 15, 2019 as Instrument No. 2019-24591, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described in Parcel 2. The width in feet of said strip of land is as follows: Station to 132+58.00 133+35.00 135+30.00 Station 133+35.00 135+30.00 138+40.00 EXCEPT therefrom Parcel 2. Width on Northerly Side of Center Line 148.00 in a straight line to 137.00 137.00 in a straight line to 70.00 70.00 This parcel of land contains 9,435 square feet, more or less. � RESOLUTION .zO2O os2 xH IT « P G��OF �9 ;, C) 40 � « z 8t ) Cm, > 2ok 4WD B . — z---mmwmc U K,§ �a « / » ^ a% \» § \ +7 \.5 \� Cr,§ ` ) » �$ \ e 2 [ � c- / ol *470 ©° ( 2 % { 1351 / k\; k \»/ > \ \\/ � ) � \ Q % 35 ez { � R � ' ,�, re) + 2 1 d \ � \ % z _ 4 \ ,q / / [\w m ± ®6 2(\/ \/J� e$% e §3/\ § % § } d # ¥ ! § » : Fol,w +� § g o as M« ! z = u 2 005 �\ HAMBY ROAD [ *a 25 / C \2 / \2 \ƒ cc(� %2 ew<���� t ®\ 2\ � 125 � \ \��� f RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 12 OF 19 EXHIBIT A - Page 1 of 2 Parcel 1 - Access File 9563004 RW 9563M 8/17/2020 A parcel of land lying in the W'/2SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being that property described in that Bargain and Sale Deed to M. Thomas Collier, recorded September 14, 1995 in Book 384, Page 2443, Deschutes County Records. Parcel 2 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the WY2SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Bargain and Sale Deed to M. Thomas Collier, recorded September 14, 1995 in Book 384, Page 2443, Deschutes County Records; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Central Oregon Highway at Engineer's Stations 127+40.00 and 138+94.00 and included in a strip of land 54.00 feet in width, lying on the Southerly side of said center line, which center line is described as follows: Beginning at Engineer's center line Station 105+00.00 P.O.T, said station being 1,298.84 feet North and 2,164.64 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 890 50' 00" East 933.90 feet; thence on a 2,864.77 foot radius curve left (the long chord of which bears North 850 01' 00" East 481.09 feet) 481.66 feet; thence North 801 12' 00" East 3,584.44 feet to Engineer's center line Station 105+00.00. Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 15,517 square feet, more or less. Parcel 3 — Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the WY2SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Bargain and Sale Deed to M. Thomas Collier, recorded September 14, 1995 in Book 384, Page 2443, RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 13 OF 19 EXHIBIT A - Page 2 of 2 File 9563004 RW9663M 8/17/2020 Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Easterly side of the center line of Ward Road, which center line is described as follows: Beginning at Engineer's center line Station 5+00.00 P.O.T, said station being 500.00 feet North and 0.03 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 00100' 14" West 2,026.77 feet; thence on a 2,864.79 foot radius curve right (the long chord of which bears North 40 24' 57" East 441.51 feet) 441.95 feet; thence North 080 50' 07" East 331.28 feet to Engineer's center line Station 28+00.00. The width in feet of said strip of land is as follows: Station to Station 7+27.00 13+07.00 13+20.00 13+07.00 13+20.00 14+65.00 EXCEPT therefrom Parcel 2. Width on Easterly Side of Center Line 66.00 66.00 in a straight line to 114.00 114.00 Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 31,755 square feet, more or less. — — — — — — — — — — — O RESOLUII ION NO. 2020-062 - EXHIBIT "A" - PAGE 14 OF 19 Q a W 0 +94 54' 4 I 3wo Z o a Fo N v L r it ZLn N M p N O 11 ? r li � 9 I w J w Q O J q 1 i vVi u. r 1 r 9 r rrr I I 1 O v � r I li M W 1 q 0 ^ v l! N � 1 a r _ w r � o S M F° } ryr � r W Ln 130 o 1 z h �i- p p 1 I Irq tz cz a O v o �T ^ J v V v 0 °' h 54' +q0 I ------- _ .aF ____ __ _--- ._tea_ 3� Temporary Easement For Work Area t a_a� o-_____.� 8 8 z > Q z w 31,755 FT?t O SWARD ROAD N 0°00'13" W b r w = V � 0 ✓� = V a z 0 I � � o � ' I ZOZZ 125 F-V�W wLn in o RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 15 OF 19 EXHIBIT A- Page 1 of 1 File 9563005 RW9563M 9/16/2020 Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the NW'/4SW'/4 of Section 36, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Grace Community Church, Presbyterian, INC, an Oregon Corporation, recorded May 27, 1993 in Book 300, Page 0937, Deschutes County Records; the said parcel being that portion of said property lying between lines at right angles to the center line of Hamby Road at Engineer's Stations 19+00.00 and 20+88.00 and included in a strip of land 83.00 feet in width, lying on the Easterly side of said center line, which center line is described as follows: Beginning at Engineer's center line Station 5+00.00 P.O.T, said station being 500.00 feet North and 0.03 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 000 00' 14" West 2,026.77 feet; thence on a 2,864.79 foot radius curve right (the long chord of which bears North 41 24' 57" East 441.51 feet) 441.95 feet; thence North 080 50' 07" East 331.28 feet to Engineer's center line Station 28+00.00. Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 9,893 square feet, more or less. Q 20 RESOLUTION .2zo«� H IT P GE 2-a19 — — — R ��"2 Q�� %§M y �� « E 8§ 7 u7 L !x: \ §\\ + < \\Q$ Q u \ } � ( \ ol »A & +31 § % / 135.Z �\; k \// Li ® kN§ / ) � �_ Q b 9z »is t k ` 149' !2 { G $ # ƒ ' § / { w \ !3 {[(_ % ) Q § o _»A a . u u S [ «s �z , 00% `\ » §BY ROAD ) »t ( \\§ 22 \ƒ \ % ±\ 2\ C\j 125 . f RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 17 OF 19 EXHIBIT A - Page 1 of 2 Parcel 1 — Fee File 9563006 RW9563M 8/17/2020 A parcel of land lying in the NE'/4SE'/4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Taylor Anderson and Candice Dayton, not as tenants in common, but with the right of survivorship, recorded April 25, 2016 as Instrument No. 2016-015486, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described as follows: Beginning at Engineer's center line Station 105+00.00 P.O.T, said station being 1,298.84 feet North and 2,164.64 feet West of the Southeast corner of Section 35, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon; thence North 890 50' 00" East 933.90 feet; thence on a 2,864.77 foot radius curve left (the long chord of which bears North 851 01' 00" East 481.09 feet) 481.66 feet; thence North 800 12' 00" East 3,584.44 feet to Engineer's center line Station 105+00.00. The width in feet of said strip of land is as follows: Station to 126+14.00 Station 128+31.00 Width on Northerly Side of Center Line 472.00 in a straight line to 825.00 Bearings are based upon the Oregon Coordinate Reference System, Bend -Redmond - Prineville Zone, NAD83 (2011) epoch 2010.00. This parcel of land contains 1,259 square feet, more or less. Parcel 2 - Temporary Easement For Work Area (3 years or duration of Project, whichever is sooner) A parcel of land lying in the NE'/4SE%4 of Section 35, T 17 S, R 12 E, W.M., Deschutes County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Taylor Anderson and Candice Dayton, not as tenants in common, but with the right of survivorship, recorded April 25, 2016 as Instrument No. 2016-015486, Deschutes County Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the Northerly side of the center line of the relocated Central Oregon Highway, which center line is described in Parcel 1. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 18 OF 19 EXHIBIT A - Page 2 of 2 The width in feet of said strip of land is as follows: Station to Station 125+83.00 127+61.00 127+61.00 128+31.00 EXCEPT therefrom Parcel 1. File 9563006 RW9563M 8/17/2020 Width on Northerly Side of Center Line 512.00 in a straight line to 766.00 766.00 in a straight line to 747.00 This parcel of land contains 3,350 square feet, more or less. NEl /4SE1 /4 SEC. 35, T. 1 7S, R. 12E, W.M. RESOLUTION NO. 2020-062 - EXHIBIT "A" - PAGE 19 OF 19 , , w i U i m i 22+48.18 P.I. i N N.2043 3.91 E. 264192.39 vtv. ANDERSON, TAYLOR ETAL Temporary Easement For Work Area i O 2076-75486 3,350 FT2+ _�� (3) 4.96 AC. t, Rein. y� ( 1,259 FT1+ r 835` 046 20-+26.77 P.C. NE'/4i SE1 /4 20 _ A 75,207 FT2t o , A ' EASTSIDE BEND L L C Plea t�oCK Gh 2072-35877 -' fit e�cFo 75.65AC. i-, Rem. p n 1zo ' e0po�at� � N / 4.39 AC - Access w 1029 A 0 N CTIVE DRAWING DRAWING SHOWS THE PROPOSED W NEEDED TO BE ACQUIRED TO CS UPPORT THE PROJECT DESIGN SUBJECT TO CHANGE OREGON DEPARTMENT OF TRANSPORTATION SECTION US20: Ward/Hamby Rd. Intersection SCALE 7"= 700 HIGHWAY Central Oregon Highway DATE August, 2020 RIGHT OF WAY COUNTY Deschutes County FILE 9563 007 AND 006 ENGINEERING PURPOSE Sketch Map SEE DRAWING RW9563M SKETCH MAP L�\)T E S C0G Z o � Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of October 14, 2020 DATE: October 9, 2020 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution No. 2020-062, a Resolution to Acquire Right of Way for Construction of Road Improvements on US 20 and O.B. Riley Road RECOMMENDATION & ACTION REQUESTED: Motion for approval of Resolution 2020-062. BACKGROUND AND POLICY IMPLICATIONS: On August 26, 2019, the Board of County Commissioners entered into Agreement No. 2019- 649 with the Oregon Department of Transportation (ODOT) for cooperation on the US 20 at Ward/Hamby Intersection Improvements project; additionally, the Board entered into Agreement No. 2020-575 with ODOT for project right of way services on September 25, 2020. The Project includes constructing a roundabout at the intersection of US 20, Ward Road, and Hamby Road. Adoption of Resolution No. 2020-062 will authorize ODOT, the Road Department, and the Legal Department to negotiate with the owners of adjoining properties for the property interests required for the realignments of Ward Road and Hamby Road, which are County roads, as a part of the Project; the County's adoption of this Resolution was a provision of Agreement No. 2020-575. ODOT is funding and conducting all right of way acquisitions for the Project. The Project is anticipated to begin construction in Spring 2021 and is anticipated to be completed by December 31, 2021. Upon Project completion, ODOT will relinquish the right of way for Ward Road and Hamby Road that was acquired for the Project to the County. FISCAL IMPLICATIONS: None. ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA)