2022-366-Resolution No. 2022-044 Recorded 9/26/2022Recorded in Deschutes County C J2022_366
REVIEWED
Steve Dennison, County Clerk
Ma
Commissioners' Journal 09/26/2022 3:23:10 PM
—
LEGAL COUNSEL
'31 F S C'
0&
o'
2
IIIIIIIIII"IIIIIIIIIIIII
III
III
-366
................
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way for
Construction of Road Improvements for RESOLUTION NO. 2022-044
Deschutes Market Road and Hamehook
Road
WHEREAS, by virtue of the laws of the State of Oregon as set forth and defined in Oregon
Revised Statutes, Deschutes County is authorized and empowered to acquire by purchase,
agreement, donation or by the exercise of the power of eminent domain, real property, or any right or
interest therein, including any easement or right-of-way, for the construction, extension, alteration,
widening, straightening or otherwise changing of any roads, highways, bridges or approaches within
Deschutes County; and
WHEREAS, for the purpose of constructing improvements to Deschutes Market Road and
Hamehook Road, it is necessary to acquire additional right-of-way as shown in Exhibit "A" attached
hereto and incorporated herein by reference; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board hereby finds and declares that certain interests in, or fee simple title to,
certain parcels of real property, as shown in Exhibit "A", is needed and required for the construction,
improvement and betterment of the Deschutes County road system, particularly constructing
improvements to Deschutes Market Road and Hamehook Road.
Section 2. That the specified section of highway and the highway facilities for which said
parcels of real property are proposed to be acquired will be planned, designed, located and
constructed in a manner which will be most compatible with the greatest public good and the least
private injury.
Section 3. That Deschutes County Road Department and the Deschutes County Legal
Department are hereby authorized to negotiate with the owners of the subject parcels for the
acquisition by County of all right, title and interest in and to said parcels, free and clear from any liens
or encumbrances and subject to final approval by the Board of County Commissioners of any
proposed acquisition.
Section 4. This resolution shall take effect immediately upon passage.
PAGE 1 OF 2 — RESOLUTION NO. 2022-044
Dated this-2-1 day of A&n 20Z2.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
P TTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHA G, Com ssioner
PAGE 2 of 2 — RESOLUTION NO. 2022-044
Exhibit "A"
LEGAL DESCRIPTION
DCO-02
May 2, 2022
Page 1 OF 2
RIGHT OF WAY DEDICATION
Three (3) tracts of land, being portions of that property described in of Document 2006-38404
Deschutes County Official Records, located in the Northeast one -quarter of the Northwest one -quarter
of Section 14, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon,
being more particularly described as follows:
Bearings and Deschutes Market Road centerline stationing are based on CS20788, Deschutes County
Survey Records.
TRACT 1
Beginning at a 5/8-inch iron rod with a 2-inch aluminum cap inscribed "DESCHUTES COUNTY
ENGINEERING R/W LS2390" marking a point on the northerly Right -of -Way of Deschutes Market Road
which falls 30.00 feet left, when measured at a right angle, of Deschutes Market Road centerline station
15+83.60;
Thence along said northerly Right -of -Way South 89045'16" West a distance of 70.36 feet to a 5/8-inch
iron rod with a 2-inch aluminum cap inscribed "DESCHUTES COUNTY ENGINEERING R/W LS2390"
marking an angle point in said Right -of -Way;
Thence along said northerly Right -of -Way North 88°23'54" West a distance of 79.88 feet to a point
which falls 30.00 feet left, when measured at a right angle, of Deschutes Market Road centerline station
14+32.40;
Thence North 42'02'27" East a distance of 373.59 feet;
Thence North 10°37'01" East a distance of 140.00 feet to a point on the westerly Right -of -Way of
Deschutes Market Road which falls 30.00 feet left, when measured at a right angle, of Deschutes Market
Road centerline station 21+19.49;
Thence along said Right -or -Way South 00'06'08" East a distance of 289.93 feet to a point which falls
30.00 feet left, when measured at a right angle, of Deschutes Market Road centerline station 18+29.56
and the beginning of curve right;
Thence along said Right -of -Way and along said curve right through a central angle of 89051'24", with a
radius of 126.83 feet (long chord bears South 44°49'34" West, 179.14 feet) a distance of 198.91 feet to
the Point of Beginning.
Contains 40,806 square feet more or less.
See the attached Exhibit "B" sheet 1, entitled "RIGHT-OF-WAY DEDICATION", which is made a part
hereof.
TOGETHER WITH:
LEGAL DESCRIPTION
DCO-02
May 2, 2022
Page 2OF2
TRACT 2
Commencing at the north One -Quarter corner of said Section 14;
Thence along the north -south centerline of said Section 14 South 00*11'26" East a distance of 1225.95
feet to a point on the southeasterly Right -of -Way of Deschutes Market Road which falls 30.00 feet right,
when measured at a right angle, of Deschutes Market Road centerline station 17+57.38 and the true
Point of Beginning of the tract described herein;
Thence continuing along said centerline of Section 14 South 00°11'26" East a distance of 99.87 feet to
the center -north one -sixteenth corner of said Section 14, also being the southeast corner of said
Document 2006-38404;
Thence along the south boundary line of said Document 2006-38404 North 89'59'00" West a distance of
127.95 feet to a point on said southeasterly Right -of -Way of Deschutes Market Road which falls 30.00
feet right, when measured at a right angle, of Deschutes Market Road centerline station 16+16.70 and
the beginning of a non -tangent curve left;
Thence along said curve left, through a central angle of 51°23'44", with a radius of 186.83 feet (long
chord bears North 51'57'53" East, 162.03 feet) a distance of 167.59 feet to the Point of Beginning.
Contains 4,373 square feet more or less.
See the attached Exhibit "B" sheet 2, entitled "RIGHT-OF-WAY DEDICATION" which is made a part
hereof.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Nov. 08, 2010
JOHN TAYLOR HAGLUND
RENEWS: 6_-30_-_Z 3
Exhibit "A"
LEGAL DESCRIPTION
DCO-02-SLOPE EASEMENT #1
TRACT A
May 2, 2022
Page 1 OF 1
SLOPE EASEMENT
A strip of land, 11.00 feet in width, adjoining and parallel with the northerly Right -of -Way of Hamehook
Road, being a portion of that property described in Document 2020-01208 Deschutes County Official
Records, located in the Northwest one -quarter of the Northeast one -quarter of Section 14, Township 17
South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Bearings and Hamehook Road stationing are based on CS20788, Deschutes County Survey Records.
Beginning at a point on the northerly Right -of -Way of Hamehook Road which falls 71.17 feet left, when
measured at a right angle, of Hamehook Road centerline station 5+26.51, said point also bears
South 01°2735" East a distance of 1228.88 feet from the north One -Quarter corner of said section 14;
Thence North 63°34'03" East a distance of 11.00 feet to the beginning of a non -tangent curve left;
Thence along said curve left, through a central angle of 63°11'19", with a radius of 64.00 feet (long
chord bears South 58°01'36" East, 67.06 feet) a distance of 70.58 feet;
Thence South 89°37'16" East a distance of 15.11 feet;
Thence South 00`22'44" West 11.00 feet to a point on the northerly Right -of -Way of Hamehook Road
which falls 30.00 feet left, when measured at a right angle, of Hamehook Road centerline station
6+08.56;
Thence along said Right -of -Way North 89037'16" West a distance of 15.11 feet to the beginning of a
curve right;
Thence along said northerly Right -of -Way, through said curve right, through a central angle of
63011'19", with a radius of 75.00 feet (long chord bears North 58'01'36" West) 78.59 feet, a distance of
82.71 feet to the Point of Beginning.
Contains 1,009 square feet more or less.
See the attached Exhibit "B", entitled "SLOPE EASEMENT" which is made a part hereof.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREG Nam"
Nov. 08 2010
JOHN TAYLOR HAGLUND
P
RENEIMS:
EXHIBIT "B"
RIGHT-OF-WAY DEDICATION
LOCATED IN THE NORTHEAST ONE -QUARTER OF THE NORTHWEST
ONE -QUARTER OF SECTION 14, TOWNSHIP 17 SOUTH, RANGE 12
EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
STA:21+19.49
OFF:30.00' L
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
LONG CHORD
C3
126.83'
89°51'24"
198.91'
S44°49'34"W, 179.14'
63545 DESCHUTES MARKET RD
DOCUMENT NUMBER 2006-38404
TAX LOT 171214BA00500
a
STA:14+32.40
OFF:30.00' L
N88°23'54"V4
DESCHUTES o0 0
15+12.76 �--PC:15+83.60
!1 00
cl
a
!0 00
I(
o
60'
L9 00
STA:18+29.56
OFF:30.00' L
PT: 18+29.56
H
1$�00
BASIS OF BEARINGS AND DESCHUTES MARKET ROAD
CENTERLINE STATIONING ARE PER CS20788
LEGEND
• - FOUND MONUMENT PER CS20788
POB - POINT OF BEGINNING
I SEE ATTACHED LEGAL DESCRIPTION
HAMF EHOOK _ I
REGISTERED SCALE: 1" =100'
PROFESSIONAL
LAND SURVEYOR Harper
HP Houf Peterson
OREGON Righellis Inc.
NOVEMBER 08, 2010 E N G I N E E R S. P L A N N E R S
ORHAGLUND LANDSCAPE ARCHITECTS *SURVEYORS
JOHNTAYL
5OR 250NWFranklinAvenue, Suite 404, Bend, OR 97703
phone: 541.318.1161 wwwldW com fax: 541.318.1141
RENEWS: 6-30-2023 DCO-02 CLG 5/2/2022 SHEET 1 OF 2
EXHIBIT "B"
RIGHT-OF-WAY DEDICATION
LOCATED IN THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER OF SECTION 14,
TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
11
POC TRACT 2
NORTH 1/4 CORNER OF
SECTION 14
4.
Z
cn = O
Ln ~�
O v"'i
r
W
t
N F- LL,
Z
r+ p J
o I Z W
O Z
W
V
63545 DESCHUTES MARKET RD
DOCUMENT NUMBER 2006-38404
TAX LOT 171214BA00500
STA:16+16.70
OFF:30.00' R
9
SCALE: 1" = 50'
LEGEND
�O
N8S
:: 15+83.60
— POB TRACT 2
STA:17+57.38
OFF:30.00' R
D
m
tn
HAMEHOOK ROAD
0
- CENTER -NORTH 1/16
CORNER OF SECTION 14
BASIS OF BEARINGS AND DESCHUTES MARKET ROAD
CFNTFRI INF STATIONING ARE PER CS20788
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
LONG CHORD
C2
186.83'
51°23'44"
167.59'
N51°57'53"E, 162.03'
TRACT 2
±4,373 SQ.FT.
• - FOUND MONUMENT PER CS20788
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
SEE ATTACHED LEGAL DESCRIPTION
REGISTERED
PROFESSIONAL
LAND SURVEYOR
jz/xp��
pr OREGON
NOVEMBER 08, 2010
JOHN TAYLOR HAGLUND
55022
RENEWS: 6-30-2023
Harper
4) HP Houf Peterson
Righellis Inc.
E N 0 1 N E E R S- P L A N N E R S
LANDSCAPE ARCHITECTS• SURVEYORS
250 NW Franklin Avenue, Suite 404, Bend, OR 97703
phone: 541.318.1161 wwwl4r.com fm 541.318.1141
DCO-02 CLG 5/2/2022 SHEET 2 OF 2
EXHIBIT "B"
SLOPE EASEMENT
LOCATED IN THE NORTHWEST ONE -QUARTER OF THE NORTHEAST
ONE -QUARTER OF SECTION 14, TOWNSHIP 17 SOUTH, RANGE 12
EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
11
NORTH ONE -QUARTER CORNER
14 OF SECTION 14
00
o6
N
N
w POB
Ln
En STA:5+26.51
IN OFF:71.17' L
a 63490 HAMEHOOK RD
I N63°34'03"E DOCUMENT NUMBER
N632020-01208
1 TAX LOT 171214AB00400
Cq S89°37'16"E
C 15.11' S00°22'44"W
S 11.00'
D
z
m
N N89°37'16"W
15.11'
Ol
o HAMEHOOK ROAD
0
STA:6+08.56
OFF:30.00' L
w
a
0
O V
---�-- — SCALE: 1'' = 50'
W O
O
0
0
BASIS OF BEARINGS AND HAMEHOOK ROAD
STATIONING ARE PER C520788
CURVE TABLE
CURVE
I RADIUS
DELTA
LENGTH
I LONG CHORD
C4
64.00'
63°11'19"
70.58'
S58°01'36"E, 67.06'
C5
75.00'
63°11'19"
82.71'
N58°01'36"W, 78.59'
LEGEND
SLOPE EASEMENT t1,009 SQ.FT.
• - FOUND MONUMENT PER CS20788
SEE ATTACHED LEGAL DESCRIPTION
FREGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
NOVEMBER 08, 2010
JOHN TAYLOR HAGLUND
55072
RENEWS: 6-30-2023
Harper
P Houf Peterson
Righellis Inc.
E N 0 1 N E E R S• PLANNERS
LANDSCAPE ARCHITECTS• SURVEYORS
250 NW Franklin Avenue, Suite 4", Bend, M WM
phone:541.318.1161 wwwlkx.com fox:541.318.1141
DCO-02 CLG S/2/2022 SHEET 1 OF 1
01 E S COG��
BOAR® OF
COMMISSIONERS
MEETING DATE: September 21, 2022
SUBIECT: Consideration of Resolution No. 2022-044, a Resolution Regarding Right of Way
Acquisition for Construction of Road Improvements on Deschutes Market Road
and Hamehook Road
RECOMMENDED MOTION:
Move approval of Resolution No. 2022-044.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department is preparing plans and specifications for the
Deschutes Market Road/Hamehook Road Intersection Improvement project. The project
construction plans are approximately 90 percent complete, and project right of way needs
have been identified. General information notices regarding right of way acquisitions have
be mailed to affected adjacent property owners
Adoption of Resolution No. 2022-044 will memorialize the public necessity for the project
and proposed right of way acquisitions and will authorize Road Department and Legal
Department to negotiate with the owners of adjoining properties for the property interests
required for the project. All resulting purchase agreements and conveyance instruments
will be presented to the Board of County Commissioners for acceptance upon completing
negotiations.
BUDGET IMPACTS:
Road Department will present purchase agreements and conveyance instruments to Board
of County Commissioners upon completing negotiations with property owners.
ATTENDANCE:
Cody Smith, County Engineer/Assistant Director, Road Department