The URL can be used to link to this page

2001-730-Resolution No. 2001-075 Recorded 9/28/2001REVIEWED a(�� - LEGAL COUNSEL DCOUNTY OFFICIAL ESCHUTES PENHOLLOW, COUNTYRECORDS CLERKCJ 2001430 COMMISSIONERS' JOURNAL 09/28/200103;4103 PM For Recording S BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON A Resolution Declaring the Intention of Deschutes County to Exchange Real Property with Hap Taylor and * Sons, Inc., John Bushnell, and Robert Holley Setting a * Hearing for the Purpose of Hearing Objections to the Transfer and Providing Notice. RESOLUTION NO. 2001-075 WHEREAS, ORS 275.100 provides that the Board of County Commissioners shall declare its intention to exchange real property by proper resolution; and WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed exchange of real property described in O.B Riley Road/Cook Avenue Exchange Agreement attached as Exhibit "A"; and WHEREAS, Deschutes County intends to exchange real property for road dedications and improvements to O.B. Riley Road with Hap Taylor and Sons, Inc., John Bushnell, and Robert Holley as described in Exhibit "A"; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The real property to be transferred by Deschutes County is described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. A hearing for the purpose of receiving objections to the above described land trade will be held at 10:00 a.m. on Wednesday, November 7, 2001, in the Board of County Commissioners Hearing Room of the Deschutes County Administration Building, 1130 NW Harriman, Bend, Oregon. Section 3. That the Clerk of the County Court shall give notice of the time and place for the hearing set in Section 2 of this Resolution by publication of the notice marked Exhibit "B", attached hereto and by this reference PAGE 1 OF 3 - RESOLUTION NO. 2001-075 (9/24/2001) incorporated herein, in "The Bulletin" once each week for four consecutive weeks prior to the date of such hearing. DATED this -2�. day of September, 2001. ATTEST: Recording Secretary BOARD OF COUNTY COMMI SIONERS OF DESCHUTES COUNTY, OREGON TOM DWLF; Chair r/! ��- IENNIS R. LUKE, Commissioner , /�,, e,�, /, &/, , 4 & MI EL M. DALY, C missioner PAGE 2 OF 3 - RESOLUTION NO. 2001-075 (9/24/2001) EXHIBIT "A" O.B. RILEY ROAD/COOK AVENUE EXCHANGE AGREEMENT Deschutes County road Department PROJECT No. W488 (Hereinafter, the "PROJECT") EFFECTIVE DATE: This Agreement is effective as of July 15, 2001, by and between the parties listed below. PARTIES: 1. Deschutes County, a political subdivision of the State of Oregon (COUNTY) 1130 NE Harriman Bend, OR 97701 2. Hap Taylor & Sons, Inc. ("TAYLOR") P.O. Box 83 Bend, OR 97709 3. John Bushnell and Robert Holley (`BUSHNELL/HOLLEY") 64619 W. Hwy. 20 Bend, OR 97701 RECITALS: A. O.B. Riley, 8th Street and Cook Avenue are part of the County road system under the jurisdiction and control of Deschutes County. B. As currently aligned, O.B. Riley Road abuts property owned by TAYLOR and intersects U.S. Highway 20 at an oblique angle. C. For the purpose of providing acceptable traffic patterns on public roads, COUNTY, TAYLOR and BUSHNELL/HOLLEY propose to re -align O.B. Riley, Cook Avenue and 8th Street, hereinafter referred to as "PROJECT". The location and scope of the PROJECT is approximately as shown on Exhibit "A". D. Under the proposed re -alignment, a portion of O.B. Riley Road will pass through property owned by TAYLOR and BUSHNELL/HOLLEY, and the realignment of Cook Avenue and 8th Street will pass through property owned by TAYLOR. E. To accomplish the PROJECT, portions of real property will need to be exchanged between COUNTY, TAYLOR and BUSHNELL/HOLLEY. A summary of these conveyances is shown on Exhibit "H" NOW, THEREFORE, in consideration of the mutual promises and concessions and subject to all conditions set forth herein, the parties agree as follows: Page 1 of 7 — O. B. Riley/Cook Avenue Exchange Agreement DC #2001-153 AGREEMENT: 1. County Obligations. COUNTY shall: a. Initiate proceedings to vacate portions of O.B. Riley Road, Cook Avenue, Bruce Ave, alley between Bailey road and 8th Street and 8th Street that are no longer necessary for public use. Vacations will be effective concurrent with the right of way dedication required for the PROJECT. Area proposed for vacation is shown on Exhibit "G" See "Exhibit "G-1" and Exhibit "G-2" for legal descriptions of proposed road vacations. Should COUNTY fail to obtain approval of all of these road vacations, this Agreement is null and void and COUNTY, TAYLOR and BUSHNELL/HOLLEY are relieved from all obligations under this Agreement. b. Perform all engineering design work and construction staking for the PROJECT. c. Reimburse TAYLOR for the cost of constructing the 8th Street connection to Cook Avenue. This reimbursement shall not exceed $10,000. d. Acquire all necessary permits for the PROJECT including, but not limited to, any necessary land use permits and any necessary highway access permits from the Oregon Department of Transportation; e. Inspect and approve all construction work performed by other parties on the PROJECT. f. Perform all required striping and signing upon completion of the PROJECT. g. Maintain the PROJECT upon completion. 2. Taylor's Obligations. TAYLOR shall: a. At TAYLOR'S sole cost and expense and at no cost or expense to any of the other parties, provide all materials necessary for and perform all road construction work necessary for the completion of the PROJECT. This work shall include, but is not limited to grading, paving and traffic control and will be completed in accordance with current Deschutes County Standards and Specifications. Work performed by TAYLOR on the 8th Street connection to Cook Avenue will be paid for by COUNTY as stated in Item lc. under COUNTY obligations. The PROJECT shall be completed by June 30, 2002. b. Upon completion of the road construction and conveyance from County to TAYLOR of the property shown on Exhibit "D" and described in Exhibit "D-1," TAYLOR shall dedicate the right- of-way required for the new alignment of O.B. Riley Road, and Bailey Road as shown on Exhibit "F" and described as follows: Page 2 of 7 — O. B. Riley/Cook Avenue Exchange Agreement See "Exhibit "F-1" and Exhibit "F-2" for legal descriptions for O.B. Riley Road and a portion Bailey Road right-of-way c. Upon completion of the road construction, TAYLOR shall provide to COUNTY, in fee title, the property required for right-of-way of the new alignment of Cook Avenue as shown on Exhibit "E" and described as follows: See "Exhibit E-1" for legal descriptions for Cook Avenue right-of-way d. TAYLOR shall provide to COUNTY the recorded Dedication Deed indicating the necessary right- of-way across 1712060000302 and 161231D004400 has been acquired. e. Abide by the General Conditions attached to this Agreement. To the extent any term or terms of the General Conditions conflict with any term or terms of this Agreement, the terms of this Agreement shall control. f. File with the County a Performance Bond and Payment Bond each of not less than the estimated cost of constructing the PROJECT on forms furnished by the COUNTY. The Surety Company furnishing this bond shall have a sound financial standing and a record of service satisfactory to the COUNTY, and shall be authorized to do business in the State of Oregon. In lieu of a Performance Bond and Payment Bond, TAYLOR may file cash, a Certified or Cashier's Check made payable to Deschutes County, Oregon. This money, check or certificate will be held by the COUNTY conditioned on and subject to the same provisions as set forth in the attached Performance Bond and Payment Bond. g. Each worker in each trade or occupation employed in their performance of the PROJECT, either by TAYLOR, Subcontractor or other person doing or contracting to do the whole or any part of the work on the PROJECT, shall be paid not less than the applicable prevailing rate of wage in effect at the time this Agreement has been signed by all parties. 3. BUSHNELL/HOLLEY Obligations. BUSHNELL/HOLLEY shall: a. Dedicate the right-of-way necessary for Bailey Road located on 161231AO05900 and the parcel deeded to BUSHNELL/HOLLEY by COUNTY in item 4 of this Agreement as shown on Exhibit "F" and is described as follows: See "Exhibit "F-3" and "Exhibit "F-4" for legal description for Bailey Road right-of-way b. Allow COUNTY/TAYLOR, and any contractors hired by COUNTY and/or TAYLOR to construct the PROJECT to have access to and enter upon property of BUSHNELL/HOLLEY outside of the acquired right-of-way upon property which passes to TAYLOR upon completion of the PROJECT. Property being retained by BUSHNELL/HOLLEY adjacent to the right-of-way contains sensitive drain fields and may not be entered upon during construction. Page 3 of 7 — O. B. Riley/Cook Avenue Exchange Agreement 4. Exchange of Property Between COUNTY and BUSHNELL/HOLLEY. a. Upon completion of the PROJECT, COUNTY will transfer to BUSHNELL/HOLLEY a portion of real property currently owned by COUNTY that is adjacent to the real property owned by BUSHNELL/HOLLEY. The real property to be transferred to BUSHNELLMOLLEY pursuant to this Agreement is shown on Exhibit "C" and is described as follows: See "Exhibit C-1" for legal description b. BUSHNELL/HOLLEY will transfer to COUNTY a portion of real property currently owned by BUSHNELL/HOLLEY that is adjacent to the real property owned by COUNTY. The real property to be transferred to COUNTY pursuant to this Agreement is shown on Exhibit `B" and is described as follows: See "Exhibit B-1" for legal description 5. Exchange of Property Between COUNTY and TAYLOR. In exchange for construction of the new alignment of O.B. Riley and the realignment of Cook Avenue to County standards as shown on Exhibit "A," upon completion of the PROJECT, COUNTY will transfer to TAYLOR a portion of real property owned by COUNTY that is adjacent to the real property owned by TAYLOR. The real property to be transferred to TAYLOR pursuant to this Agreement is shown on Exhibit "D" and is described as follows: See "Exhibit D-1" for legal description. 6. Release of Claims. In consideration of the promises, concessions, performances and exchanges and transfers of property set forth herein, each party, on his or its own behalf and on behalf of his or its partners, directors, officers, shareholders, agents, employees, representatives, successors and assigns, hereby fully releases and forever discharges each other party and each other party's partners, directors, officers, shareholders, agents, employees, representatives, successors and assigns from any and all claims, demands, damages, suits, actions or causes of action of every kind or nature, whether known or unknown, anticipated or unanticipated, arising out of or in any way related to the use or condition of any property exchanged or transferred under this Agreement prior to the exchange or transfer of such property pursuant to this Agreement. 7. Miscellaneous. a. Recitals. The provisions of this Agreement are contractual and are not mere recitals. The Recitals set forth above are hereby incorporated into and made a part of this Agreement. b. Cooperation Clause. The parties shall cooperate fully in the implementation of this Agreement and with all contractors hired to design and/or construct the PROJECT. TAYLOR and BUSHNELL/HOLLEY shall allow COUNTY and/or any contractors hired to construct the PROJECT, to have access to and to enter onto their respective properties outside of the acquired right of way to perform work necessary to construct the PROJECT. The parties agree to do all acts Page 4 of 7 — O. B. Riley/Cook Avenue Exchange Agreement and to execute all such additional documentation as may be reasonably necessary to carry out the terms and conditions of this Agreement. c. Consultation With Legal Counsel. Each party to this Agreement acknowledges that they have had the opportunity to consult with their own legal counsel concerning the parties' respective rights and obligations under this Agreement, that no representations have been made to him or it by any other party or any other party's attorney regarding the effect of this Agreement or regarding the nature or extent of the legal liability or financial responsibility of the parties to this Agreement. By signing this Agreement below, each party acknowledges that they have either consulted with their own attorney or have voluntarily elected not to consult with an attorney before signing this Agreement. d. Prohibition Against AssiL-nment. Neither this Agreement nor any of the rights granted or obligations imposed by this Agreement may be assigned, transferred or delegated by TAYLOR or BUSHNELL/HOLLEY without the express prior written approval of COUNTY. This prohibition against assignment, transfer or delegation shall apply to any assignment or transfer by operation of law as well as by contract or other Agreement. Any attempted assignment, transfer or delegation in violation of this Agreement shall have no force or effect. e. Legislative Process. The parties recognize and acknowledge that the proposed exchange is subject to legislative process pursuant to ORS 275.100 and that prior to any binding commitment to exchange, the Board of County Commissioners is required by statute to adopt a public resolution announcing the COUNTY's intentions, publish notice for the statutory period, conduct a public hearing and adopt an order making certain findings and authorizing the exchange. The parties herein waive any claims against the COUNTY for damages or other costs incurred in preparation or anticipation of exchange, in the event that the Board of County Commissioners decline to complete this exchange. Furthermore, TAYLOR and BUSHNELL/HOLLEY herein agree to indemnify, defend and save harmless, COUNTY, its officers, agents and employees from any and all claims, suits, actions, damages, costs, losses and expenses brought or filed on behalf of any third party with whom TAYLOR and BUSHNELL/HOLLEY has contracted to acquire real property in anticipation of the aforementioned land exchange. The phrase "preliminary confirmation of interest" as utilized herein, refers to a conditional confirmation that the proposed exchange property appears to qualify for exchange, but shall not constitute a binding or enforceable commitment to exchange real property. f. No Partnership, Joint Venture or Agency. Nothing in this Agreement shall be deemed or construed by the parties or by any other person or entity as creating any entity, partnership or joint venture between TAYLOR and/or BUSHNELL/HOLLEY and COUNTY. It is agreed that no party is authorized to and is not carrying out any function on behalf of any other party and no party shall be deemed to be an agent of any other party for any purpose. No party has the right of direction or control over any other party operation under this Agreement or the right to exercise any control over the activities of any other party. g. Entry. The parties hereby agree that each party shall have the right to enter upon the real property of the other party to inspect, test, sample, survey, cruise or otherwise evaluate real properties subject to this exchange. Any entry authorized herein shall be made with advance notice to the other party, in a reasonable manner, so as to avoid disturbing the owners quiet enjoyment of the real property. The cost associated with any inspections, testing, sampling, surveying, cruising or other evaluation shall be the sole responsibility of TAYLOR and BUSHNELL/HOLLEY. Page 5 of 7 — O. B. Riley/Cook Avenue Exchange Agreement h. Taxes. All real property taxes and assessments, if any, for the tax year in which closing occurs shall be paid in full by TAYLOR and BUSHNELL/HOLLEY at the time of closing. If taxes are not yet assessable for the current tax year at the time of closing, the escrow officer is authorized to estimate the taxes. i. Leases. Each real property shall be conveyed free of leases and other encumbrances as of the date of closing. Authorization to Bind Principals. The signatories to this Agreement covenant that they possess the legal authority to bind their respective principals to the terms, provisions and obligations contained within this Agreement. k. Litigation Fees and Expenses. In the event an action, suit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, each party shall be responsible for their own attorney's fees, expenses, costs and disbursements for said action, suit, proceeding or appeal. Land Use Permits. This Agreement does not constitute a land use permit, nor does acceptance of this Agreement constitute approval of any legislative or quasi-judicial action required as a condition precedent to use of the land for the intended purpose. m. Application for Land Use Permits. During the term of this Agreement, which will end upon completion of the road construction and transfer of all property between the parties, COUNTY, TAYLOR and BUSHNELL/HOLLEY will not file for any land use application on the real property being exchanged. The parties are free to file for any such application after termination of this Agreement. n. Time is of the Essence. Time is of the essence of each and every provision of this Agreement. o. Non -Appropriation. In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under this Agreement, and if COUNTY has no funds legally available for consideration from other sources, then COUNTY may terminate this Agreement. p. Non -Waiver. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision of this Agreement. q. Severability. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. r. Headings. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provision or provisions of this Agreement. s. Notices. All notices or other communications required or permitted to be given or delivered under this Agreement shall be in writing and shall be deemed given to a party if delivered in person to that party or if mailed by registered or certified mail, postage prepaid, return receipt requested, to the address set forth above for the party receiving notice, or to such other address as the party Page 6 of 7 — O. B. Riley/Cook Avenue Exchange Agreement receiving notice may designate to the other parties in writing. Any such notice or communication shall be deemed given as of the date it is personally delivered or three (3) days after it is deposited in the United States mail. t. Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. u. Binding Effect. All terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, administrators, agents, representatives, successors and permitted assigns. v. Integration, Amendments. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any and all prior agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this Agreement which are not fully expressed in this Agreement. This Agreement may only be modified or amended by a writing signed by all parties. DATED this qday of September, 2001 ATTEST: Recording Secretary DATED this ( day of September, 2001 DATED this —1L day of September, 2001 DATED this day of September, 2001 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COt;1TY, OREGON WE ENNIS R. LUKE, Commissioner OrC 4 MM IC AEL My DAAf ,Commissioner OHN BUSHNELL ROBERT HOLLEY Page 7 of 7 — O. B. Riley/Cook Avenue Exchange Agreement GENERAL CONDITIONS 1. Prevailing Rates of Wage. Each worker in each trade or occupation employed in their performance of the Contract, either by the Contractor, Subcontractor, or other person doing or contracting to do the whole or any part of the work on the Contract, shall be paid not less than the applicable prevailing rate of wage. The prevailing rates of wage used will be those in effect at the time this agreement has been signed by all parties. 2. Required Conditions in Public Works Contract and Contract Specifications ORS 279.352. TAYLOR shall pay to the Bureau of Labor and Industries a fee equal to one tenth of one percent (.001) of the contract price but no less than $100 nor more than $5,000 regardless of the contract price; that the fee shall be paid no later than 10 days after receipt of the first progress payment or 60 days after work on the contract has begun, whichever comes first; that final adjustments to the fee shall be made within 30 days of the final progress payment after completion of the contract; and that the fee shall be delivered to the Bureau at the following address: Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon Street #32, Portland, OR 97232 3. Contracting Agencv Payments If TAYLOR fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to TAYLOR or Subcontractor by any person, or the assignee of the person, in connection with the public works contract as such claim becomes due, the proper officer or officers of the public contracting agency may pay such claim and charge the amount of the payment against funds due or to become due TAYLOR by reason of the Contract. 4. Interest Rate For Failure to Make Payment If TAYLOR or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract for a public improvement within 30 days after receipt of payment from the County or TAYLOR, TAYLOR or first- tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10 -day period that payment is due under ORS 279.445 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279.445. The rate of interest charged to TAYLOR or first-tier subcontractor on the amount due shall equal three times the discount rate on 90 -day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the County or from TAYLOR, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. 5. Construction Contractors Board Complaint If TAYLOR or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279.445. 6. Independent Contractor. TAYLOR is engaged hereby as an independent contractor, and will be so deemed for purposes of the following. A. TAYLOR will be solely responsible for payment of any Federal or State taxes required as a result of this Contract. B. This Contract is not intended to entitle TAYLOR to any benefits generally granted to County employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Contract to TAYLOR are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers' Compensation, unemployment compensation, or retirement benefits (except insofar as benefits are otherwise required by law if TAYLOR is presently a member of the Public Employees Retirement System). C. TAYLOR is an independent contractor for purposes of the Oregon Workers' Compensation law (ORS Chapter 656) and is solely liable for any Workers' Compensation coverage under this Contract. If TAYLOR has the assistance of other persons in the performance of this Contract, TAYLOR shall qualify and remain qualified for the term of this Contract as a direct responsibility employer under ORS 656.407, and furnish County with evidence of said insurance. If TAYLOR performs this contract without the assistance of any other person, TAYLOR shall execute a Joint Declaration with County's Workers' Compensation carrier absolving County of any and all liability from Workers' Compensation provided in ORS 656.029 (2). 7. Delegation and Reports. TAYLOR shall not delegate the responsibility for providing services hereunder to any other individual or agency, and shall provide County with periodic reports to County at the frequency and with the information prescribed to be reported by County. 8. Constraints. Pursuant to the requirements of ORS 279.310 through 279.320 and Article XI, Section 10, of the Oregon Constitution, the following terms and conditions are made a part of this Contract: A. TAYLOR shall: (1) Make payments promptly, as due, to all persons supplying to Contractor labor or materials for the prosecution of the work provided for in this Contract. (2) Pay all contributions or amounts due the Industrial Accident Fund from such contractor or subcontractor incurred in the performance of this Contract. (3) Not permit any lien or claim to be filed or prosecuted against County on account of any labor or material furnished. (4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. (5) Demonstrate that an employee drug testing program is in place prior to execution of this Contract. B. If TAYLOR fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to TAYLOR or a subcontractor by any person in connection with this agreement as such claim becomes due, the proper offices representing County may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due TAYLOR by reason of this agreement. C. No person shall be employed for more than ten (10) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the employee providing services under this agreement shall be paid at least time and a half pay as follows: 1) For all overtime in excess of 40 hours in any one week; or 2) For all work performed on the following legal holidays: a) New Year's Day on January 1. b) Memorial Day on the last Monday in May. c) Independence Day on July 4. d) Labor Day on the first Monday in September. e) Thanksgiving Day on the fourth Thursday in November. f) Christmas Day on December 25. 3) An employer must give notice to employees who perform work under this agreement in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. D. TAYLOR shall promptly, as due, make payment to any person or partnership, association or corporation furnishing medical, surgical and hospital care or other needed care and attention incident to sickness and/or injury to the employees of TAYLOR, of all sums which TAYLOR agrees to pay for such services, and all monies and sums which TAYLOR collected or deducted from the wages of TAYLOR's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. E. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provision herein which would conflict with law are deemed inoperative to that extent. 9. Hold Harmless. TAYLOR shall indemnify, save harmless and defend the County from and against all claims, suits or actions for damages, costs, losses and expenses arising from TAYLOR'S torts, as the term "tort" is defined in ORS 30.260(8). 10. Contractor Not An Agent of County. It is agreed by and between the parties that TAYLOR is not carrying out a function on behalf of County, and County does not have the right of direction or control of the manner in which TAYLOR delivers services under this agreement or exercise any control over the activities of TAYLOR. . 11. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with TAYLOR in connection with activities carried out under this Contract, and shall have no obligation with respect to TAYLOR'S debts or any other liabilities of each and every nature. 12. Insurance. In conjunction with all services performed under this agreement: A. TAYLOR shall maintain commercial General Liability insurance with minimum limits of $500,000 per occurrence, $1,000,000 aggregate and shall name Deschutes County, its officers, agents, employees and volunteers as an additional insured. B. TAYLOR shall maintain automobile liability insurance of not less than the limits set forth below. Insurance shall provide coverage for any motor vehicle driven during the course of providing services under this agreement. 1) $500,000, combined single limit, or 2) Split limits of $250,000 per person, $500,000 per occurrence and $100,000 property damage. C. All insurance policies shall be written on an occurrence basis and be in effect for the term on this agreement. Authorization from Deschutes County is required for any policy written on a "claims made" basis. D. Proof of Workers' Compensation from TAYLOR and all sub -contractors required prior to the commencement of labor. E. Prior to execution of this agreement, TAYLOR shall provide County with Certificates of Insurance, or copies of insurance policies and declarations as evidence of insurance requirements under this paragraph. F. TAYLOR shall immediately notify County if any insurance coverage required by this agreement will be canceled, not renewed, or modified in any way. Thirty day cancellation notice required on all policies. G. County reserves the right to require complete, certified copies of all required insurance policies, at any time. 13. Non -Discrimination. TAYLOR agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this Contract when employed by TAYLOR. TAYLOR agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659.425,and all regulations and administrative rules established pursuant to those laws. 14. Non -Appropriation. In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under the Contract, and if County has no funds legally available for consideration from other sources, then County may terminate this agreement in accordance with Paragraph 8 of this Contract. 15. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Contract, each party shall be responsible for their own attorney's fees, expenses, costs and disbursements for said action, suit, proceeding or appeal. 16. Land Use Permit. This contract does not constitute a land use permit, nor does acceptance of this Contract by TAYLOR constitute approval of any legislative or quasi-judicial action required as a condition precedent to use of the land for the intended purpose. 17. Drug Testing Program. The drug testing program in place at execution of this Contract shall remain in place for the duration of the Contract. 18. Records Maintenance; Right to Audit Records A. Records Maintenance; Access. TAYLOR and subcontractors shall maintain all fiscal records relating to Contracts in accordance with generally accepted accounting principles ("GAAP"). In addition, TAYLOR and subcontractors shall maintain all other records necessary to clearly document. 1) Their performance; and 2) Any claims arising from or relating to their performance under this Contract. TAYLOR and subcontractors shall make all records pertaining to their performance and any claims under a Contract (the books, fiscal records and all other records, hereafter referred to as "Records") accessible to the County at reasonable times and places, whether or not litigation has been filed as to such claims. B. Inspection and Audit. County may, at reasonable times and places, have access to and an opportunity to inspect, examine, copy, and audit the Records of any Entity that has submitted cost or pricing data according to the terms of a Contract to the extent that the Records relate to such cost or pricing data. If the Entity must provide cost or pricing data under a Contract, the Entity shall maintain such records that relate to the cost or pricing data for 3 years from the date of final payment under the Contract, unless a shorter period is otherwise authorized in Writing. C. Records Inspection; Control Audit. County, and its authorized representatives, shall be entitled to inspect, examine, copy, and audit any of TAYLOR or subcontractor's Records, as provided in Section A of this rule. TAYLOR and subcontractor shall maintain the Records and keep the Records accessible and available at reasonable times and places for a minimum period of 3 years from the date of final payment under the Contract or subcontract, as applicable, or until the conclusion of any audit, controversy or litigation arising out of or related to the Contract, whichever date is later, unless a shorter period is otherwise authorized in Writing. EXH/B/T A CURRENT OWNERSHIP, AREAS AND ZONING BUSHNELL/HOLLEY TAXL OT ARE4ZONE A: 16123 IA 005900 63.064 So. ft. 1.45 acres TUC• SMIA B. 161231A006000 25,198 sq. ft. 0.58 acres TUC,- SMIA C.• 16123 1A 006100 34,017 sq. ft. 0.78 acres TUC; SMIA D. 161231 D00050147, 720 sq. ft. 1.10 acres TUR; S WIA E.• 16123 ID000402 49,871 sq. ft. 1.14 acres SM.- SMIA mI TOTAL 219,870 SQ.FT 5.048 ACRES PROJECT.END be o B,41LEY 7th Wa DESCHU7E5 + TAYLOR (FROPERTYWEST OFO.B. RILEYROAD) cauNTir++++ TAXL OT AREA ZONE I + + '-j + F.• 161231D000400 874,231 Sq. ITi 20.07 acres SM; SMIA , + + 161231DO01099 + 161231DO02700 + + \ 161231DO03200 I + � + 161231DO03200 + + • + G: 161231 D000401 6, 577 sq. ft. 0.15 acres TUC; SMIA + + f + + TOTAL 880,808 SQ -FT 2J 221 ACRES + + } + + + + + + DESCHUTES COUNTY + + + + + + + . T ia7Lf TAX_/ OT Af;E-? ZONE I + +I+ + .�.' I ! �71D000500 nnn n 1R s� 22 96 acres T! IR cn,s/n + 16._v + + + 1167231DOOi800 y + I TOTAL 11000, 018 SQ, FT 22.95 ACR_FS I + + + + + + + + + i+L++++ CDD Zones. ++I• +++++++ SM (SURF,4 CE MINING)+ + + + + SMIA (SURFACE MINING /MPACTAREA COMBINING) " + + + + + + TUC (TUMAL O COMMERCIAL) m + + + + + TUR (TUMAL O RESIDENTIAL) + + + + W PROFESSIONAL +++++++++++++ REGISTERED �- + + LX r -------- + + + + + 1 + + + + 1AW11fil " 1 `�I / THE N -S CENTERLINE OF +\+ + + + ' —R 49 0 N .s SECTION 31 IS THE WEST � + + + ORE ON � +. + c� RIGHT OF WAYLINE OF + + + �+ + + + MlC. AEl. J. B..RY JULY 26, 1999 STRICJCLE , + + + + R RIGH OF WAY I + + , o;) WIDTH VARIES FROM 30.15 + + r ++ + i + FEET TO 28.8 FEET. T +++ + + + + + OR t EEDESCHUMS THE FLAT OF LAIOLAW (-1lMALOJ + + +++ +\ + AND THESE 114 SECTION 31 I S., RANGE 12 E W.M. i PROPOSED RE, -110 A C /COUNTY, OREGON i OF O. B. RILEY RD. I ALL PARCEL AREAS ARE DERIVED 1 FROM A FIELD SURVEY PERFORMED BY BEGINNING OF REALIGNMENT THE DESCHUTES COUNTY ROAD OF O.B. RILEY ROAD IS APPROX. —� DEPART WE!V T lN THE S U rbj) ER OF 21goo. 650 FEET SOUTH OF THIS POINT. O.B. RILEY ROAD REALIGNMENT OVERVIEW: OWNERSHIP AS OF SEPTEMBER 2000 DESCHUTES COUNTY ROAD DEPARTMENT SCALE t"=aDD' DRAWN 0761150 S.E. 27TH STREET, BEND, OR. 47702 �„ ., BY: M.J.B. DATE lo/73/DD it H/ EXHIBIT B CONVEYANCE #1 BUSHNELL/HOLLEY TRANSFER TO COUNTY BUSHNELLIHOLLEYC"TA YL • T + + DESCHUTES COUNTY + + rmBUSHNELL/HOLLEY TRANSFER TO DESCHUTES COUNTY Area: 74,583 sq. ft. 1.712 acres B USHNEL LIHOL L EY R EWNANTS (AREAS OFA, BAND CARE UNCHANGED) D: 161231 D000501 18, 302 sq, ft. 0.420 acres E. 161231 D000402 4, 707 sq. ft. 0.108 acres PR0Fi`SS10'jNNA L a REGISTERED _A'� Sir EYOR a fZ W. n J ORE On F MICHAEL J, E -?2Y N JULY '7:',, 19E9 r------- I 1 i 1 I I I I f I I I I I I I F --i r--T--IQ�--1--I I I I I I I I I Y T l • BAILEY V-- --- 1 - 7th S -T-,- I to) -j I > �BUSHNEWHOLLEY c 3 \ TO COUNTY I stn ST. + + + + + + + + + + + +T+ L ---I--_ I + I I 1 ------ r I ++++ +++ --J +++ + L --- I--- j + + �+ I i ++ } �4-Ir---r---i I+ ----1---a - + +I + 0 + + + + �I + + + + + +- \ II I + + + f + \ I I I +T + ++ i ++T+ I +'+ + + + I I+++++}+++ \ I + + + + + + r--,-_-- + + + L--- + + + + + +� +++++++++++ + + W I + + + + + + + '+ + + + + + + m + + + + + + G + +r f 1+++ + + + I -� + •+ + + + I ++++++ i +T+ -+T+T+ + I i I + + + + + + + + + I O.B. RILEY ROAD REALIGNMENT BUSHNELL HOLLEY TO COUNTY DESCHUTES COUNTY ROAD DEPARTMENT SCALE 1"=400' DRAWN BY: M.J.B. 1150 S.E. 27TH STREET. RFNn. nR. 977na _ .. DATE: 10/13/00 1%1 EXHIBIT B-1 O.B. Riley Road Realignment Bushnell/Holley to Deschutes County A portion of Blocks 34 and 35 and the vacated alleys and streets vested in' said Blocks 34 and 35 of the 1904 plat of Laidlaw in Section 31, Township 16 South, 0., ., angne 12 East of aWillamette ��.e J1r.illame to Meridian, Deschutes County, Oregon, and being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" rnonumenting the intersection of the centerline of vacated 9th Street with the centerline of the vacated alley in Block 35, the Point of Beginning; thence continuing along said alley centerline N00°04'18"W a distance of 163.70 feet; thence leaving said centerline N61 °05'34"E a distance of 223.60 feet; thence N45°20'56"E a distance of 38.84 feet to the southwesterly right-of-way line of Highway 20 (said right-of-way line being 50.00 feet from the highway centerline per the O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's Office); thence along said right-of-way line S28°23'21 "E a distance of 339.49 feet to a #4 rebar monumenting the centerline of vacated 9th Street; thence leaving said highway right-of-way line and along said 9th Street centerline S89056'15"W a distance of 384.58 feet to the Point of Beginning. Cos staining 7 4,583 square feet (i . i 112 acres) more Or less. PROFESSIONAL REGISTERED LANG' S,i'JRVEYOF O RR E KI M!C_':'AE!_ c11I� JULY 11923 0 \\ROADSRV\AcadData\SDSK\PROJ\w488-00\doc\DEEDS\T2-BH-DC-LGL.doc Page 1 10/19/00 1:06 PM mjb EXHIBIT C CONVEYANCE #2 COUNTY TRANSFER TO BUSHNELL/HOLLEY BUSHNELLIHOLLEY\�TA YL OR + + T + DESCHUTES COUNTY + DESCHUTES COUNTY TRANSFER + TO BUSHNELL/HOLLEY Area: 933,429 sq.ft. 3.063 acres PROFESSIONAL RE'GISTERED LA` n Sl RVEYOR 0RELt0N rs JULY 1 I t 1 1 I I I I I I I I 1 1 I I I I i I I 1 BAILEY 1t♦ ♦ti ►��N� 1~ii �i�i� • ►�ODO��Oi J -- ---; I I la� I I --� --- a---1--� 7th ST. JI v 1 I I COUNTY TO BUSHNELL/HOLLEY + + M+ i++ + O.B. RILEY ROAD REALIGNMENT otoCOUNTY TO BUSHNELL HOLLEY .... i��cn DESCHUTES COUNTY ROAD DEPARTMENT n "1.. n - --n-.�SCALE- 1"=400' DRAWN BY: M.J.B. t+Tr-�rl"•T e- _. DATE: 10/13/00 EXHIBIT C-1 O.B. Riley Road Realignment Deschutes County to Bushnell/Holley A portion of Blocks 35, 36 and 37 and the vacated alleys and streets vested in said Blocks 35, 36 and 37 of the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36 of the plat of Laidlaw, the Point of Beginning; thence along the south right-of-way line of 8th Street N89°58'34"E a distance of 405.23 feet to the #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of said south right-of-way line with the centerline of the vacated alley in Block 35; thence leaving said south right- of-way line and along said alley centerline S00°04'18"E a distance of 166.47 feet; thence leaving said alley centerline S61 °05'34"W a distance of 7.80 feet; thence 457.83 feet along the arc of a curve to the left with a radius of 640.00 feet and a long chord which bears S40035'57"W 448.13 feet to the prolongation of the south line of Lot 3, Block 37; thence along said south line S89057'55"W a distance of 1.23 feet to a #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the southeast corner of said Lot3, Block 37 ; thence continuing along said south line S89057'55"W a distance of 105.13 feet to the east right of way line of Strickler Avenue; thence leaving said south line and along said east right-of-way line N00°04'14"W a distance of 179.95 feet to a #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of said east right-of- way line with the centerline of vacated 9t1' Street; thence leaving said east right-of-way line and along said vacated street centerline N89056'15"E a distance of 115.06 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the intersection of said vacated street centerline with the centerline of the vacated alley in Block 36 ; thence leaving said vacated street centerline and along said alley centerline N00°04'06"W a distance of 80.00 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the intersection of said alley centerline with the prolongation of the north line of Lot 6, Block 36; thence leaving said alley centerline and along said north line S89°58'14"W a distance of 115.06 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the northwest corner of said Lot 6, Block 36; thence along the east right-of- way line of Strickler avenue N00°04'141N a distance of 250.37 feet; to the Point of Beginning. Containing 133,429 square feet (3.063 acres) more or less. PRO ESSIONAL REGIS T EKED LAND SIjl ' Eyo O R E G^O tq lvl1CH AH J. r. JULY 1v;g \\ROADSRV\AcadData\LD D2\Projects\w488-00\doc\DEEDS\T2-DC-B H -LG L.doc 11/16/00 12:51 PM mib EXHIBIT D CONVEYANCE #3 COUNTY TRANSFER TO TAYLOR BUSHMELUHOLLEY zAnoR + DESCHUTES COUNTY * + + DESCHUTES COUNTY TRANSFER TO TAYLOR Area: 941,172 sy..It 2'.606 acres COUNT f TO TAYLOR PROFESSIONAL Imommor Ads M REGISTERED i I LA IND SSI_,.RV'—y0R � l' a CR c N MICS' A RI J. 11-Irly 1 JL. 195'9 4 I I i ('--T-__ I 1 I I > f--1 1 I Y --T--� `-- �'--- 0---1--� 7th ST.JI V r — — T O.B. RILEY ROAD REALIGNMENT COUNTY TO TAYLOR DESCHUTES COUNTY ROAD DEPARTMENT SCALE: 1"=400' DRAWN BY: M -,1-B. DATE: 70/73/00 1150 S.E. 27TH STREET, BEND, OR. 97702 an - ten, o _. . � I I 1 I I 1 I 1 1 F-C�UN;� TO_ TAYLOR I I ^moo �---I---• I I EXHIBIT D-1 O.B. Riley Road Realignment Deschutes County to Taylor Various lots and blocks and the vacated alleys and streets vested in said.lots and blocks of the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Block 46, Block 47, Lots 1 through 6 of Block 48, Block 55, Block 56, Block 57, Lots 1 through 6 of Block 58, Block 65 and Block 66. TOGETHER WITH the portions of Blocks 34, 35, 36 and 37 described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped IS 2390" monumenting the intersection of the centerline of vacated 9th Street with the centerline of vacated Wood Avenue, the Point of Beginning; thence along said Wood Avenue centerline S00°04'15"E a distance of 359.90 feet to the centerline of vacated 10th Street; thence leaving said Wood Avenue centerline and along said 10th Street centerline S89'56'14"W a distance of 260.32 feet to the east right-of-way line of Strickler Avenue; thence leaving said 10 Street centerline and along said Strickler right-of-way N00004'14"W a distance of 179.95 feet to the southwest corner of Lot 3, Block 37; thence leaving said right-of-way and along the south line of said Lot 3 N89°57'55"E a distance of 105.13 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the southeast corner of said Lot 3; thence N89'57155"E a distance of 1.23 feet; thence leaving said south line457.83 feet along the arc of a non -tangent curve to the right with a 'radius of 640.00 feet and a long chord which bears N40°35'57"E a distance of 448.13 feet; thence N61 °05'34"E a distance of 231.40 feet; thence N45020'56"E a distance of 38.84 feet to the southwesterly right-of-way line of Highway 20 (said right-of-way line being 50.00 feet from the highway centerline per the O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's Office); thence along said right-of-way line S28°23'21"E a distance of 339.49 feet to a #4 rebar monumenting the centerline of vacated 9th Street; thence leaving said highway right-of-way line and along said 9th Street centerline S89056' 15'"vV a distance of 529.50 feet to the Point of Beginning. This entire conveyance contains 963,289 square feet (22.114 acres) more or less. _ PROFESSIONIAL R EGISTER ED LAJNn S!,'M/EvOR C R E G C N MIL^ltA1r:i_ j. 3� nD �^v JULY J:\LDD2\Projects\w488-00\doc\DEEDS\T2-DC-TAY-LGL.doc 11/17/00 1:38 PM mih CONVEYANCE #4 TAYLOR TRANSFER TO COUNTY - • LLEY \`TAYLOR + DESCHUTES COUNTY ++ ®TAYLOR TRANSFER TO DESCHUTES COUNTY Area: 6,577 sq, ft, 0.15 acres REGISTERED PROF=ESSIONAL .AND SURVEYOF— JULY 26, 1939 MICHAEL J. BE.Rr3 REhd�."W AL CaTE 12:33/01 EXHIBIT E a ; i-----' i 'oY ------ I BAILEY' 1 -------------- ----- ------ 0 ----------- 7th ST. r -----; ---- ; r W ------------ , a I I I TA YL0)� TO i °o ---- r conl�j' 0 l 8th ST. —` wl O.B. RILEY ROAD REALIGNMENT TAYLOR TO COUNTY DESCHUTES COUNTY ROAD DEPARTMENT SCALE: 1"=400' DRAWN BY: M.J.B. 150 S.E. 27TH STREET, BEND, OR. 97702 of C. 3Acnvv\SUN i%...��_��. r„ DATE: 3/16/01 EXHIBIT E-1 O.B. Riley Road Realignment Taylor Conveyance to Deschutes County A parcel of land in the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows All of that portion of Block 34 lying easterly of Highway 20. Containing 6,577 square feet (0.151 acres) more or less. FENEWAL DATE: 12131I01 J:\LDD2\Projects\w488-00\doc\DEEDS\T2-TAY-DC-LGL.doc 03/16/01 12:42 PM mib EXHIBIT F RIGHT OF DEDICATIONS - -.•/ • •- ii• •iii' ►�i�BUSHNELUHOLLEYDEDICATIONi� ►��i�s•��i�i� PARCEL 1: thSTmi EWA Area: 9,871 sq. ft. 0.227 acres��i1 -------------- PARCEL 2. - Area: 12,003 sq. ft. 0.276 acres PARCEL A��Area: 7,486 sq. ft. 0. 172 acres BUSHIVELLI1 •O��\PER EXHIBIT E: — TO TA L: 29,360saFTO.674ACRES -------------- - — - i' ►�i�i� PARCEL 3!i!i' ------------ OR DEDICA TION ---------- TOTAL: 299,790 • acres NOTE. RIW CONVEYANCES WILL BE DEEDS OF DEDICATION. THE OWNER OF THE PROPERTY WILL STILL BE THE UNDERL YING OWNER OF THE R/W. THE NETACREAGE OF THE PROPERTY (GROSS ACREAGE LESS R/W DEDICATION); WILL BE SHOWN ON TAX ROLLS. RE1114E-4.AL DATE; 19/31101 O.B. RILEY ROAD REALIGNMENT RIGHT OF WAY DEDICATIONS BY TAYLOR AND BUSHNELL HOLLEY DESCHUTES COUNTY ROAD DEPARTMENT SCALE 1"=400' DRAWN BY: M.,J.8. DATE: 3/16/01 1150 S.E. 27TH STREET, BEND, OR. 97702 cn c. i.\cnck\Pon R...noo-nm ............. TAYLOR RM DEDICATION I al------------- ----------- W _J ¢ m� O' I ' f I I ' -------------, I---------- EXHIBIT F-1 O.B. Riley Road Realignment Taylor Right -of -Way Dedication For O.B. Riley Realignment and a Portion of Bailey Road A parcel of land in the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows A portion of Blocks 34,35,36,37,38,46,47,56,57,64,65 and 66 and the vacated alleys and streets vested in said Blocks and being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of the centerline of vacated Bruce Avenue with the centerline of vacated 15th Street; thence along said 15th Street centerline N89057'31 "E a distance of 47.23 feet to the Point of Beginning; thence leaving said 15th Street centerline 158.60 feet along the arc of a non -tangent curve to the left with a radius of 960.00 feet and a long chord which bears N56048'07"W 158.42 feet; thence N61 °32'06"W a distance of 149.33 feet; thence 430.10 feet along the arc of a curve to the right with a radius of 640.00 feet and a long chord which bears N42016'57"W 422.06 feet; thence S73043'22"W a distance of 52.32 feet to the east right-of-way line of Strickler Avenue; thence along said east right-of-way line N00°04'14"W a distance of 1524.10 feet to the southwest corner of Lot 3, Block 37; thence leaving said right-of-way and along the south line of said Lot 3 N89057'55"E a distance of 105.13 feet to a #5 rebar with an aluminum cap stamped LS 2390 monumenting the southeast corner of said Lot 3; thence N8905755"E a distance of 1.23 feet; thence leaving said south line 457.83 feet along the arc of non - tangent curve to the right with a radius of 640.00 feet and a long chord which bears N40°35'57"E a distance of 448.13 feet; thence N61 °05'34"E a distance of 231.40 feet; thence N45020'56"E a distance of 38.84 feet to the southwesterly right-of-way line of Highway 20 (said right-of-way line being 50.00 feet from the highway centerline per the O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's Office); thence along said right-of-way line S28023'21 "E a distance of .110.54 feet; thence leaving said highway right-of-way line S80°11'36"W a distance of 30.56 feet; thence S61 °05'34"W a distance of 238.91 feet; thence 258.20 feet along the arc of a curve to the left with a radius of 550.00 feet and a long chord which bears S47°38'38"W a distance of 255.84 feet; thence S35034'34"W a distance of 92.93 feet; thence 205.22 feet along the arc of a non -tangent curve to the left with a radius of 560.00 feet and a long chord which bears S14008'50"W a distance of 204.07 feet; thence S03038'55"W a distance of 180.12 feet; thence S00°09'55"E a distance of 150.33 feet; thence S06°30'40"W a distance of 200.25 feet; thence S03"38'55"W a distance of 511.11 feet; thence 637.10 feet along the arc of a curve to the left with a radius of 560.00 feet and a long chord which bears S28°56'35"E 603.29 feet; thence S61032'06"E a distance of 149.33 J:\LDD2\Projects\w488-00\doc\DEEDS\T2-TAY-RW-ALL-LGL.doe 03/16/01 12:38 PM mih �{ .A EXHIBIT F-2 O.B. Riley Road Realignment Taylor Right -of -Way Dedication For O.B. Riley Realignment and a Portion of Bailey Road feet; thence 191.93 feet along the arc of a curve to the right with a radius of 1040.00 feet and a long chord which bears S56°14'53"E 191.65 feet; thence 74.57 feet along the arc of a compound curve to the right with a radius of 590.00 feet and a long chord which bears S47°20'25"E 74.52 feet to the centerline of vacated 15th Street; thence along said centerline S89°57'31 "W a distance of 119.72 feet; to the Point of Beginning. Containing 299,790 square feet (6.882 acres) more or less. REGISTERED PROFESSIONAL .A, IN SURVEYOR JULY 26, 1989 MICHAEL J. BERRY tRENEWAL DATE: 12,131/6 J:\LDD2\Projects\w488-00\dockDEEDSkT2-TAY-RW-ALL-LGL.doc 03/16/01 12:38 PM mjb EXHIBIT F-3 O.B. Riley Road Realignment Bushnell/Holley Right -of -Way Dedications Three parcels of land in the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Parcel 1 - Bailey Road A portion of Lots 1 through 6, Block 27 , being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36; thence N00°04'14"W 60.00 feet to the southwest corner of Lot 6, Block 27, the Point of Beginning; thence along the west line of Block 27 N00°04'14"W 299.75 feet to the northwest corner of Lot 1, Block 27; thence leaving said west line and along the north line of said Lot 1 N89055'17"E 105.08 feet to the northeast corner of said Lot 1; thence leaving said north line and along the east line of said Lot 1 S00°04'06"E 9.61 feet; thence leaving said east line 184.32 feet along the arc of a non -tangent curve to the left with a radius of 141.14 feet and a long chord which bears S31 °14'56"W a distance of 171.49 feet; thence S06009'46"E 144.49 feet to the south line of Lot 6, Block 27; thence along said south line S89058'34"W 31.27 feet; to the Point of Beginning. Containing 9,871 square feet (0.227 acres) more or less. Parcel 2 - Bailey Road A portion of Lots 1 through 5, Block 36, being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36, the Point of Beginning; thence along the north line of said Lot 1 N89°58'34"E 37.68 feet; thence leaving said north line S06°09'46"E 56.53 feet; thence 1.94.49 feet along the arc of a curve to the right with a radius of 1586.15 feet and a long chord which bears S02°39'01 "E 194.37 feet to the south line of Lot 5, Block 36; thence along said south line S89058'14"W 52.43 feet to a #5 rebar with an aluminum cap stamped "LS 2390" monumenting the southwest corner of said lot 5; thence leaving said south line and along the west line of said Block 36 N00004'14"W 250.37 feet to the Point of Beginning. Containing 12,003 square feet (0.276 acres) more or less. \\ROADS RV\AcadData\LDD2\Projects\w488-OO1doc\DEEDS\T2-9H-RW-All.doc 03/16/01 2:01 PM mjb 1 1 " y EXHIBIT F-4 O.B. Riley Road Realignment Bushnell/Holley Right -of -Way Dedications Parcel 3 - Bailey Road A portion of Lots 1 through 3, Block 27 and a portion of vacated 9th Street vested in said Lot 1 of the 1904 plat of Laidlaw, being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" monumenting the intersection of the centerline of vacated 9th Street with the east right-of-way line of Strickler Avenue, the Point of Beginning; thence along said 9th Street centerline N89056'15"E a distance of 49.10 feet; thence leaving said centerline 30.94 feet along the arc of a non - tangent curve to the right with a radius of 1586.15 feet and a long chord which bears SO4°18'55"W a distance of 30.94 feet; thence SO4052'27"W a distance of 149.67 feet to the south line of Lot 3, Block 37; thence along said south line S89°57'55"W a distance of 33.83 feet to said east right-of- way line of Strickler; thence leaving said south line and along said east line N00004'14"W a distance of 179.95 feet to the. Point of Beginning. Containing 7,486 square feet (0.172 acres) more or less. t ILLS T ERED PROFESSIONAL JULY 26, 1989 MICHAEL J. BERRY RENEWAL DATE:12/31/di \\ROADS R\AAcadData\LDD2\Projects\w488-00\doc\DEEDS\T2-BH-R W-All.doc 03/16/01 2:01 PM mjb PROPOSED CONVEYANCE #5. PROPOSED ROAD .VACATIONS WHICH WILL VEST IN BUSHNELL/ HOLLEY & TAYLOR PROPERTIES EXHIBIT G VACATION PARCEL 1: PORTION OF ALLEY BUSHNELL/HOLLEY VACATION PARCEL 2: PORTION OF 8th ST. BUSHNELL/HOLLEY VACATION VESTINGS VACATION PARCEL 1: Area: 5,872 sq. ft. 0.13 acres VACATION PARCEL 2.- Area: .Area: 11, 750 sq.ft. 0.27 acres VACATION PARCEL 3: Area: 21,655 sq. ft. 0.50 acres TOTAL 39,277 SQ.FT. 0.90 ACRES 110140 -mm TAYLOR VACATION VESTING VACATION PARCEL 4: Area: 144,066 sq. ft. 3.31 acres TOTAL 144,066 SQ.FT• 3.31 ACRES (HALF OF THIS VACATED PROPERTY WILL VEST IN THE TAYLOR OWNED PROPERTY EAST OF THE CENTER- LINE OF O.B. RILEYROAD) NOTE: THE COUNTY CANNOT GUARANTY THAT THESE ROADS WILL BE VACATED. THE ROAD VACA TION PROCESS AS DEFINED BY OREGON REVISED STATUTES CHAPTER 368 WILL HAVE TO BE ADHERED TO. REGISTERED PROFESSIONAL LAND SURVEYOR JULY 26, 1989 MICHAEL J. BERRY RENEWAL DATE: 12/31/p� i I '\ BAILEY— IQi � Q i i - 7th ST.I O 1-----•- ---- m VACATION PARCEL 3: PORTIONS OF 8th ST. & BRUCEAVE. 8th ST. \� COUNTY PARCEL v +------;----- OFCOOKAV. (O.B. RILEY .RD.) i O.B. RILEY ROAD REALIGNMENT PROPOSED ROAD VACATIONS TO VEST IN TAYLOR AND BUSHNELL/HOLLEY PROPERTIES DESCHUTES COUNTY ROAD DEPARTMENTSCALE: 1"=400' DRAWN BY:1A.d.8. DATE 3/16/01 SHEET 1150 S.E. 27TH STREET, BEND, OR. 9770 FILE:J:\SDSK\PRUJ\w488-00\dwg\w488-OVERV1Ew.DwG OF •,;• Ik a EXHIBIT G -1 O.B. Riley Road Realignment Proposed Road Vacations in the 1904 Plat of Laidlaw (Tumalo) Four parcels of land in the 1904 plat of Laidlaw in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and being more particularly described as follows: Parcel 1 —Portion of Alley in Block 27. A portion of the alley in Block 27, being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36; thence N00°04'14"W a distance of 60.00 feet to the southwest corner of Lot 6, Block 27; thence along the south line of said Lot 6 N89°58'34"E a distance of 105.07 feet to the southeast corner of said lot 6, the Point of Beginning; thence along the west right-of-way line of said alley N00°04'06"W a distance of 290.24 feet; thence leaving said west line 20.94 feet along the arc of a non -tangent curve to the right with a radius of 141.14 feet and a long chord which bears N72054'37"E a distance of 20.92 feet to the east right-of-way line of said alley; thence along said east line S00°04'06"E a distance of 296.38 feet to the southwest corner of Lot 7, Block 27; thence leaving said east line and along the north right-of-way line of 8th Street S89058'34"W a distance of 20.00 feet to the Point of Beginning. Containing 5,872 square feet (0.135 acres) more or less. Parcel 2 — Portion of 8th Street. A portion of 8th Street lying west of the west right-of-way line of Wood Avenue, being more particularly described as follows: Commencing at the #5 rebar with a 2" aluminum cap stamped "LS 2390" in the pavement of Bailey Road monumenting the northwest corner of Lot 1, Block 36; thence along the south right-of-way line of said 8th Street N89°58' 34"E a distance of 37.68 feet to the Point of Beginning; thence leaving said south line N06009'46"W a distance of 60.35 feet to the north right-of-way line of said 8th Street; thence along said north line N89058'34"E a distance of 199.04 feet to the west right-of-way line of Wood Avenue; thence leaving said north line and along said west line S00°04' 15"E 60.00 feet to said south line of 8th Street; thence leaving said west line and along said south line S89058'34"W a distance of 192.64 feet to the Point of Beginning. Containing 11,750 square feet (0.270 acres) more or less. Parcel 3 — Portions of 8th Street and Bruce Avenue. Those portions of 8th Street and Bruce Avenue lying east of the east right- of-way line of Wood Avenue; westerly of the southwesterly right-of-way line of Highway 20 (said right-of-way line being 50.00 feet from the J:\LDD2\Projectskw488-00\doc\DEEDS\Vacate-all.doc 03/16/01 2:35 PM mjb EXHIBIT G-2 O.B. Riley Road Realignment Proposed Road Vacations in the 1904 Plat of Laidlaw (Tumalo) highway centerline per the O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's Office); and north of the north lines of Blocks 35 and 36. Containing 21,655 square feet (0.497 acres) more or less. Parcel 4 — Portion of Cook Avenue (now know as O.B. Riley Road). That portion of Cook Avenue lying north of the centerline of 15th Street and southerly of the southwesterly right-of-way line of Highway 20 (said right- of-way line being 50.00 feet from the highway centerline per the O.D.O.T. right-of-way map filed as CS12250 at the Deschutes County Surveyor's Office). Containing 144,066 square feet (3.307 acres) more or less. RE'GIST'ERED PROFESSIONAL .AND SURVEYOF JllLf 26,- J:\LDD2\Projects\w488-00\doc\DEEDSWacate-all.doc 03/16/01 2:35 PM mjb I �•'�� .. _ a ,� EXHIBIT `B" PUBLIC NOTICE On Wednesday, November 7, 2001, at 10:00 a.m. in the Board of County Commissioners Hearing Room of the Deschutes County Administration Building, 1130 NW Harriman, Bend, Oregon, the Board of County Commissioners of Deschutes County, Oregon, will hold a hearing on an exchange of real property with Hap Taylor and Sons, Inc., John Bushnell, Robert Holley and Deschutes County. The real property to be transferred by the above referenced parties is generally described as follows: Blocks 34,35,36,37,38,46,47,48,55,56,57,58,64,65 and 66 and the vacated alleys and streets vested in said Blocks in the 1904 plat of Laidlaw (now known as Tumalo) in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon. A copy of Deschutes County Board of Commissioner Resolution 2001-075 can be obtained from the Deschutes County Clerk's Office for more detailed information pertaining to actual legal descriptions of the subject properties. The meeting location is wheelchair accessible. Materials are available in alternate formats. For the deaf or hard of hearing, an interpreter or assistive listening system will also be provided with 48 hours notice. To arrange for these services or for more information, please contact Risk Management at (503)385- 3217. Any person may appear and make objections to the proposed exchange. DATED this 24th day of September, 2001. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair To be posted: October 3, 2001 To be published: October 3, 10, 17, and 24, 2001 PAGE 3 OF 3 - EXHIBIT "A" TO RESOLUTION NO. 2001-075 (9/24/2001)