2023-271-Resolution No. 2023-049 Recorded 8/28/2023Recorded in Deschutes County CJ2023-271
REVIEWED Steve Dennison, County Clerk
Commissioners' Journal 08/28/2023 7:44:37 AM
LEGAL COUNSEL II I I I IIIII'II II I I IIIII � III II III
2023-271
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Acquire Right of Way for
Construction of Road Improvements for
Powell Butte Highway and Butler Market
Road
RESOLUTION NO. 2023-049
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 Powell Butte Highway and Butler
Market 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 Powell Butte Highway and Butler Market 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.2023-049
Dated this day of • , 20
ATTEST:
h�K�� t
Recording Secretary
PAGE 2 of 2 — RESOLUTION NO.2023-049
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHO BONE, Chair
PATTI ADAIR, Vice Chair
— 11,01 q� -"-� -
PHIL CFTANG, Comm' loner
Exhibit "A"
LEGAL DESCRIPTION
CWE-01
April 28, 2023
Page 1 OF 1
RIGHT OF WAY DEDICATION
A tract of land, being a portion of that property described in Document Number 2021-68988 Deschutes
County Official Records, located in the Northeast one -quarter of the Northeast one -quarter of Section
19, Township 17 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more
particularly described as follows:
All of that property described in said Document Number 2021-68988 falling north and east of the
following line:
Beginning at a point on the centerline of Bend - Prineville Market Road No.14 (B at station
101+92.84;
Thence, North 11°41'15" West a distance of 148.46 feet to the west Right -of -Way of Bend - Prineville
Market Road No.14 ("B");
Thence, continuing North 11°41'15" West a distance of 92.04 feet;
Thence, North 00°01'47" West a distance of 264.47 feet;
Thence, North 27°40'55" West a distance of 186.85 feet;
Thence, North 47°10'19" West a distance of 201.87 feet;
Thence, North 70'3252" West a distance of 298.43 feet to a point on the south Right -of -Way of Butler
Market Road No.5, said point being 30.00 feet right of Butler Market Road No.5 (A - Main) centerline
station 289+74.37.
Thence, continuing North 70°3252" West a distance of 89.22 feet to the centerline of Butler Market
Road No.5 ("A" - Main) at station 288+90.35.
Contains 78,955 square feet more or less.
Bearings and road centerline stationing are based on CS21027, Deschutes County Survey Records.
See the attached Exhibit "B", entitled "RIGHT-OF-WAY DEDICATION", which is made a part hereof.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Nov. 08, 2010
JOHN TAYLOR HAGLUND
RF_roew3: 6 - YO - Z s
EXHIBIT A - Page 1 of 4
RIGHT-OF-WAY DEDICATION
LOCATED IN THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 19,
TOWNSHIP 17 SOUTH, RANGE 13 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
"A" - MAIN--,
STATION: 288+90.35"—
OFFSET: 0.00'—
N70°32'52"W
89.22'
SCALE: 1" =150'
N89"48'10"E
BUTLER MARKET ROAD NO.5 ("A" - MAIN)
N,o 32sZ w
"A" - MAIN 29843,
STATION: 289+74.37
OFFSET: 30.00' R
63155 POWELL BUTTE HIGHWAY
TAX LOT 1713190000102
DOCUMENT NUMBER 2021-68988
_8O
♦,
I
N11'41'15"W —
92.04'
"B"
STATION:103+38.25
BEARINGS AND ROAD STATIONING ARE PER CS21027 OFFSET: 30.00' L
DESCHUTES COUNTY SURVEY RECORDS.
N11°41'15"
148.46'
0o
POINT OF BEGINNING
'B"
STATION: OFT o0'
RIGHT-OF-WAY DEDICATION REGISTERED
± 78,995 SQUARE FEET (1.81 ACRES) PROFESSIONAL Harper
LAND SURVEYOR yY
• - FOUND MONUMENT PER CS21027 P' HQUf Peterson
Righellis Inc.
OREGON ENOI N EER8•PLANNERS
NOVEMBER08,2010 LANDSCAPE ARCHITECTS•SURVEYOR$
SEE ATTACHED LEGAL DESCRIPTION JOHN TAYLOR HAGLUND
EXHIBIT A. sso22
RENEWS: 6-30-2025
250 NW Franklin Avenue, Snits 404, Bead, OR 97703
phone: 541.318.1161 wwwlbpr com fax: 541.318.1141
CWE-01 CLG 4/28/2023 SHEET 1 OF 1
EXHIBIT A - Page 2 of 4
LEGAL DESCRIPTION
CWE-01
April 28, 2023
Page 1 OF 1
RIGHT OF WAY DEDICATION
A tract of land, being a portion of that property described in Document Number 2018-01199 Deschutes
County Official Records, located in the Southeast one -quarter of the Southeast one -quarter of Section
18, Township 17 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more
particularly described as follows:
All of that property described in said Document Number 2018-01199 falling south and east of the
following line:
Beginning at a point on the centerline of Butler Market Road No.5 ("A" - Main) alignment at station
293+68.69;
Thence, North 00°00'35" West a distance of 31.19 feet to the north Right -of -Way of Butler Market Road
No.5 ("A" — Main);
Thence, continuing North 00*00'35" West a distance of 65.52 feet;
Thence, North 31°12'33" East a distance of 253.27 feet to a point on the west Right -of -Way of Powell
Butte Highway, said point being 40.00 feet left of Powell Butte Highway ("C") centerline station 4+44.97;
Thence, continuing North 31°12'33" East a distance of 77.17 feet to a point on the centerline of Powell
Butte Highway ("C") at station 5+10.97, said centerline also being the east line of Section 18;
Contains 18,S9S square feet more or less.
Bearings and road centerline stationing are based on CS21027, Deschutes County Survey Records.
See the attached Exhibit "B", entitled "RIGHT-OF-WAY DEDICATION", which is made a part hereof.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Nov. 08, 2010
JOHN TAYLOR HAGLUND
RENEWS: Z -3V -Z'S
EXHIBIT A - Page 3 of 4
RIGHT-OF-WAY DEDICATION
LOCATED IN THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SECTION 18,
TOWNSHIP 17 SOUTH, RANGE 13 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
"Cl.
. 00
STATION: 5+10.97�`'
(
OFFSET:0.00'
,� ^
0
W
(n
W
Z
"C"
J
STATION: 4+44.97
H
OFFSET: 40.00' L
22370 BUTLER MARKET ROAD
TAX LOT 171318D000500
DOCUMENT NUMBER 2018-01199
ti
ti
SCALE: 1" = 60'
"A" - MAIN
STATION: 293+77.71
OFFSET: 30.00' L
0!
M
O Ln
O
0
z
N00°00'35"W-' .0,
31.19' POINT OF BEGINNING
"A" - MAIN
STATION: 293+68.69
OFFSET: 0.00'
BEARINGS AND ROAD STATIONING
ARE PER CS21027 DESCHUTES
COUNTY SURVEY RECORDS.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
LEGEND
RIGHT-OF-WAY DEDICATION
± 18,595 SQUARE FEET (0.43 ACRES)
• - FOUND MONUMENT PER CS21027 =TAYLOR
GON
R 08, 2010
SEE ATTACHED LEGAL DESCRIPTION J0HAGLUNDEXHIBITA 022
RENEWS: 6-30-2025
1 '
18 17
19 20
Harper
P Houf Peterson
Righellis Inc.
E N O I N E E R S. P L A N N E R S
LANDSCAPE ARCHITECTS* SURVEYORS
250 NW Franklin Avmw, Suite 404, Bend, OR 97703
phone: 541.318.1161 www.hhpr oom fax: 541.318.1141
CWE-01 CLG 4/28/2023 SHEET 1 OF 1
EXHIBIT A - Page 4 of 4
`�vCES COG�a
BOARD OF
Inv
COMMISSIONERS
MEETING DATE: August 23, 2023
SUBJECT: Approval of Resolution No. 2023-049 regarding right-of-way acquisitions for
construction of road improvements on Powell Butte Highway and Butler Market
Road
RECOMMENDED MOTION:
Move approval of Resolution No. 2023-049.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Road Department is preparing plans and specifications for the Powell
Butte Highway/Butler Market Road Roundabout project. The project construction plans are
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. 2023-049 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:
Right of way acquisition costs are included in the Road Capital Fund budget for Fiscal Year
2024. 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 Road Department Director