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2022-274-Order No. 2022-036 Recorded 7/28/2022 REVIEWED Recorded in Deschutes County CJ2022-274 (-;(6/V M^p Steve Dennison, County Clerk Commissioners'.journal 07/28/2022 12:08:50 PM LEGAL COUNSEL IIIIIIIIIIIII111111111111111111 2022-274 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Designating the Deschutes County Property Manager,Kristie Bollinger as the * ORDER NO. 2022-036 Deschutes County Representative to Execute a Road and Access Easement Over Deschutes * County Owned Property Known as Map and Tax Lot 211033B001700, and Execute Dedication Deeds to Dedicate County Owned Property to Public Right-of-Way Known as Map and Tax Lots 211033A000098 and 211033A001800; La Pine, Oregon 97739 WHEREAS, the Board of County Commissioners of Deschutes County has authorized granting a Road and Access-Easement over County-owned property known as Map and Tax Map 211033B001700, 'and authorized dedicating County-owned property known as Map and Tax Lots 211033A000098 and 211033A001800 to public right-of-way; and WHEREAS, a private property owner, Lloyd Gilbertson Trust (Trust) who currently owns property known as Map and Tax Lot 211033B001800 has requested Deschutes County to grant a perpetual Road and Access Easement over County-owned property known as Map and Tax Lot 211033B001700 for the purpose of ingress/egress and road construction/maintenance; and WHEREAS, Deschutes County agrees to grant said Easement in exchange for the Trust completing requirements at its sole cost and expense to dedicate County-owned property known as Map and Tax Lots 211033A000098 and 211033A001800 to public right-of-way. Requirements include engaging a professional land surveyor to complete legal descriptions, set property corner monuments, and draft a record of survey—these requirements have been met; and WHEREAS, upon the issuance of this Order,Deschutes County Road Department staff will prepare and finalize the dedication deeds for recording in the official records at the Deschutes County Clerk's Office at the sole cost and expense of the Trust; and WHEREAS, upon recording the dedication deeds, Deschutes County Property Management staff will finalize the Road and Access Easement for recording in the official records at the Deschutes County Clerk's Office at the sole cost and expense of the Trust; now,THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: PAGE 1 OF 2-ORDER NO.2022-03 6 Section 1. The Deschutes County Property Manager, Kristie Bollinger is designated as the Deschutes County representative to execute a Road and Access Easement over Deschutes County-owned property known as Map and Tax Lot 211033B001700, and execute Dedication Deeds to dedicate County-owned property known as Map and Tax Lots 211033A000098 and 211033A001800 to public right-of-way. Dated this -27 of J ,2022 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON aiczArt, PAT• I ADAIR, Chair ..akii,.//2--„, ANTHONY DEBONE,Vice air ATTEST: 1,...___e_t_______isk. Recording Secr ary PHIL CHANG, C mmissioner PAGE 2 OF 2-ORDER No.2022-036 • • • Deschutes County-Proper.-ty: Information - Dial .' verview a p : . .. Alk. t l s r', '�,. Y Y •, Al ,y[`�L..1 1 ,. ,71 , 0 T0;6.,. 1 + + r ,i , 4' rtt ir ,- 'Ali, .....,- ..,,, ,5 • :' K.. S, i. tit ' �p .,,` • ', k �' • sue. L �. ' ,y 'I ,-..,4 ' County-owned . •1 . 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Jj ES co BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: :Wednesday,July 27,2022 SUBIECT: Authorize:a;Road and Access:Easement over County-owned property known as :.Map and Tax Lot 21103313001700, authorize dedicating-two County-owned properties known as Map and Tax Lots 211033A000098 and.21033A001800 to.. .. .. . • public right-of-way, and approve Board Order.:2022-036 to authorize the Deschutes County Property Manager to execute the associated documents: :RECOMMENDED MOTION: Move approval of Board Order.2022-036, authorizing the Deschutes County Property Manager to execute documents associated with a Road-and.Access Easement over County- owned property,and dedicating County-owned property to public right-of-way. BACKGROUND AND POLICY IMPLICATIONS: • In.2016, Deschutes;Co:unty acquired a 0.45-acre property through the tax foreclosure process_ due to nonpayment of property taxes. The County-owned unimproved "road"segment known as Map and TaxLot211033B001700 is located on Ranch Place, La Pine.The property is neither'; public right-of-way nor a local access road. The Real Market Value is $500 as determined by the Deschutes County Assessors Office. The Lloyd.Gilbertson Trust(Trust) owns'the.adjacent south property known as Map and.Tax Lot 21 1 033 6001 800.The Trust needs to acquire legal access to their parcel before it can be listed for sale.There are five privately-owned properties:between the Trust:property and the nearest public right-of-way,-Ranch Drive. Property Management in.collaborationwith the Road Department, outlined a path for the.Trust to achieve desired legal access to their property. . 1. Trust to acquire a Road and Access Easement over two privately owned properties known as Map and Tax Lots 211033E3001000 and 211033A001802; this step has been . . ..completed.: Note::Two additional properties are alsoCounty-owned:and:would require either a Road and Access Easement:or:be dedicated to public right-of-way: Due to the adjacency of the two properties to existing public right-of-way and after further review by the Road Department, it was determined that these two properties are candidates for public right-of-way dedication: 1) Map and Tax Lot 211033A000098 - In 2016, the County acquired a 0.86-acre property through the tax foreclosure process due to nonpayment of property taxes. The Real Market Value is $1,000 as determined by the Deschutes County Assessor's Office. 2) Map and Tax Lot 211033A001800 - In 1988, the County acquired a 0.02-acre property through the tax foreclosure process due to nonpayment of property taxes. The Real Market Value is $500 as determined by the Deschutes County Assessor's Office 2. At the sole cost and expense of the Trust, provide title reports for the two County- owned properties to be dedicated to right-of-way; this step has been completed. 3. At the sole cost and expense of the Trust, engage a professional land surveyor to complete the following work for the two County-owned properties to be dedicated to right-of-way: a. Create legal descriptions; this step has been completed b. Set property corner monuments; this step has been completed. c. Draft a Record of Survey to ultimately file with the County Surveyor's Office; this step is pending. 4. At the sole cost and expense of the Trust, record the following documents in the official records at the Deschutes County Clerk's Office: a. Dedication Deeds; this step is pending. b. Road and Access Easement; this step is pending. 5. At the sole cost and expense of the Trust, file the Record of Survey at the Deschutes County Surveyor's Office; this step is pending. BUDGET IMPACTS: None. ATTENDANCE: Kristie Bollinger, Property Manager