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Home My WebLink AboutDoc 091 - Temp Construction Easement - SkylinersDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 6, 2013 DATE: February 26,2013 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board signature of Document No. 2013-091, an Acceptance Deed for a Temporary Construction Easement on Skyliners Road from 61579 Boulder LLC PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County is working with the Federal Highway Administration (FHW A) to reconstruct Skyliners Road. The reconstruction of Skyliners Road will involve widening the existing road out to a width of 34 feet to include six-foot bike lanes the entire length ofthe project. Because of this widening, the grade on several private residence driveways will be affected to the point that the contractor will be required to enter onto private property in order to reconstruct the driveway to an acceptable grade. FHWA requires a construction easement from the individual property owners allowing the contractor onto their private property to accomplish the work. These easements will be in effect until the completion of the road project at which point they will no longer be in effect. On August 22, 2012, the Board of County Commissioners signed Resolution No. 2012-104, approving the acquisition ofthese temporary construction easements for the Skyliners Road Project. FISCAL IMPLICATIONS: The amount $542.85 required for this Temporary Construction Easement is budgeted in FY 2012-2013. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Document No. 2013-091, accepting the Temporary Construction Easement from 61579 Boulder LLC ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: Copy to Sheila Odie (ext. 7148) at the Road Department after recording DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete aU sections above the Official Review line. Date: IFebruary 26, 20131 Department: IRoadl Contractor/Supplier/Consultant Name: ~1579 Boulder LLCI Contractor Contact: [erry Skjersaal Contractor Phone #: 1541-410j 11426 Type of Document: Acceptance Deed for a Temporary Construction Easement on Skyliners Road from 61579 Boulder LLC. Goods and/or Services: Temporary Construction Easement Background & History: Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct Skyliners Road. The reconstruction of Skyliners Road will involve widening the existing road out to a width of 34 feet to include six foot bike lanes the entire length of the project. As a result of this widening, the grade on several private residence driveways will be affected to the point that the contractor will be required to enter onto private property in order to reconstruct the driveway to an acceptable grade. FHWA requires a construction easement from the individual property owners allowing the contractor onto their private property to accomplish the work. These easements will be in effect until the completion of the road project at which point they will no longer be in effect. On August 22,2012, the Board of County Commissioners signed Resolution No. 2012-104, approving the acquisition of these temporary construction easements for the Skyliners Road Project. Agreement Starting Date: IUpon Signatur~ Ending Date: lEnd of IProjec~ Annual Value or Total Payment: 1$542.851 D Insurance Certificate Receiied (CieCk box) Insurance Expiration Date: Check all that apply: RFP, Solicitation or Bid Process Informal quotes «$150K) Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? l2J Yes D No If No, has budget amendment been submitted? Yes D No 2/26/2013 Is this a Grant Agreement providing revenue to the County? 0 Yes [g] No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: George Kolb, County Engineer Phone #: 541-322-7113 Department Director Approval: ---'c::.G,l--s~."""""=~""":=---1IL.¥.i"-'tIL----Ign~ Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): 0 BOCC Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____.) Legal Review Date Document Number ___________ 2/26/2013 For Recording Stamp Only After recording return to: Deschutes County Road Dept. 61150 S.E. 27th Street Bend, Oregon 97701 TEMPORARY CONSTRUCTION EASEMENT 61579 Boulder LLC ,Grantor, does hereby grant to Deschutes County, Oregon, Grantee, its successors and assigns, a Temporary Construction Easement for construction purposes, over and across the Grantor's property as described in Exhibit "An, attached hereto and by this reference incorporated herein. The true consideration for this conveyance is $542.85 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The Grantee's use of the easement shall include the right for the Grantee, its employees, agents, assigns, contractors and employees of contractors to enter and use the easement 1 area for construction work in connection with the Skyliners Road Reconstruction project. The term and duration of this temporary construction easement shall be from Api! 1, 2013 to the completion of the Skyliners Road Reconstruction project. This document is intended to grant easements on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easements granted shall not prevent Grantors from the use of said property provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within or adjacent to the easements granted herein. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or use of said property and the construction or improvement in the public way. Grantor(s) hereby covenant(s) to and with Grantee that itltheyis/are the owner of said property, which is free from all encumbrances, except for easements, conditions and PAGE 1 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE restrictions of record, and will warrant and defend the easement rights herein granted from all lawfull claims whatsoever, except as stated herein. ~ IN WITNESS WHEREOF, this document is executed this % -day of __,..-:-....;~-==--("_u_q_-I-____• 2013. By: ~_~=-~~____________ STATE OF OREGON ) ) 88. County of Deschutes ) This instrument was acknowledged before me byTerry 8kjersaa as Member of 61579 Boulder LLC. Dated this ;.J-day of EGON My Commission Expires: <6 ~ ;1.;t. -J'-I NOTARY PUBLIC FOR PAGE 2 OF 3-CONSTRUCTION EASEMENT AND ACCEPTANCE EXHIBIT A Tax lot 18·1O-10AA 2300 A tract of land lying in the NEY4 of Section 10, Township 18 South, Range 10 East, W.M., Deschutes County, Oregon and being a portion of Lot 1, Block A. Skyliner Subdivision and being more particularly described as follows: Commencing at the ~inch diameter rebar monumenting the southwesterly corner of Lot 3, Block A of Skyline Subdivision; thence along the northerly right-of-way line Skyliners Road N56°14'27"E a distance of 239.23 feet to the % inch diameter iron pipe monumenting lhe southeasterly corner of said Lot 1. Block A. Skyline Subdivision; thence leaving said Skyliners right-of-way line and along the easterly line of said Lot 1 (being the westerly right-of-way line of Boulder Road) NOO"28'54"E a distance of 80.30 feet to the Point of Beginning; thence NOO"28'54"E a distance of 36.61 feet; thence leaving said easterly lot line N67"44'36'W a distance of 11.40 feet; thence S22"15'24"W a distance of 34.00 feet; thence S67°44'36"E a distance of 24.98 feet to the Point of Beginning. Bearings are grid bearings based on the Deschutes County Surveyor's Office Central Oregon Coordinate System. Containing 618 square feet (0.01 acres) more or less. This tract is depicted on the attached map titled "Exhibit "An Sketch" which is incorporated herein by this reference. f I I \ J:\CAD\Projecls\RD3S3S·Skyliners\Oeeds\Skyliner-181010AA02300·61579 BOUlOER-lgl.doc)( Page 1 of 1 7/27/2012 \ \ \ \ \ SCALE: \ \ \ 3 \ \ \ 1" = 50' \ 2 \ \ \ \ \ ,...~\ -.0,,~ ",4> Vol-Page: 2006-73565 DATE: 7/27/2012 181010 AA 02300 61579 BOULDER LlC 16396 SKYliNE DR BEND OR 97701 Site Address: 61579 BOULDER RD BEND 97701 SKYLINE SUBDIVISION Lot: d··.mJi..!h...."" ..I···i!"..'''''sb''JI'''··..,·,"il..,'wFpil''·''';bo PT 1.2 Block: A ACCEPTANCE Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the foregoing Temporary Construction Easement. DATED this __day of ____________, 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR ATrEST: TAMMY BANEY, VICE CHAIR Recording Secretary ANTHONY DEBONE, COMMISSIONER STATE OF OREGON ) ) SS. County of Deschutes ) Before me, a Notary Public, personally appeared Alan Unger, Tammy Baney, and Anthony DeBone, the above-named Board of County Commissioners of Deschutes County, Oregon, acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon. Dated this __day of _________, 2013. NOTARY PUBLIC FOR OREGON My Commission Expires: _____ PAGE 3 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE