HomeMy WebLinkAboutDoc 100 - Temp Easement - SkylinersDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 18, 2013
DATE: March 5, 2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2013-100, an Acceptance Deed for a Temporary
Construction Easement on Skyliners Road from Marion Forgatch and Gerald Patterson.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct
Skyliners Road. The reconstruction of Sky liners Road will involve widening the existing road out to a
width of34 feet to include six-foot bike lanes the entire length of the 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.
FHW A 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.
FISCAL IMPLICATIONS:
The amount $50.l1 required for this Temporary Construction Easement is budgeted in FY 2012-2013.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Document No. 2013-100, accepting the Temporary Construction
Easement from Marion F orgatch and Gerald Patterson
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 all sections above the Official Review line.
Date: IMarch 5, 20131 Department: IRoadl
Contractor/Supplier/Consultant Name: Marion For atch and Gerald Patterson
Contractor Contact: Contractor Phone #: 541-312-937
Type of Document: Acceptance Deed for a Temporary Construction Easement on
Skyliners Road from Marion Forgatch and Gerald Patterson
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 o~
[projec~
Annual Value or Total Payment: 1$50.111
Insurance Certificate Received (check box)
Insurance Expiration Date: I I
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
3/5/2013
Is this a Grant Agreement providing revenue to the County? D Yes ~ 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: DYes D 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: _O'&~---f"""------___?q){L_'
Signature
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): EJ BOCC Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-I)
Legal Review Date -<;. l -()-it.A (iw
Document Number DC 2 0 13 ~ 1 0 0
J
3/5/2013
-
d;EVIEWF,q r _,r
PVfHfA. I .J;/A'4)Y
.. -~lEGA' .. CO~JNSEL_
For Recording Stamp Only
After recording return to:
Deschutes County Road Dept.
61150 S.E. 27th Street
Bend. Oregon 97701
TEMPORARY CONSTRUCTION EASEMENT
Gerald R. Patterson and Marion S. Forgatch, 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 "A",
attached hereto and by this reference incorporated herein.
The true consideration for this conveyance is $50.11 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
area for construction work in connection with the Skyliners Road Reconstruction project.
The term and duration of this temporary construction easement shall be from April 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 iUtheyis/are the owner of said
property, which is free from all encumbrances, except for easements, conditions and
restrictions of record, and will warrant and defend the easement rights herein granted from all
PAGE 1 OF 3-CONSTRUCTION EASEMENT AND ACCEPTANCE
DC 20 13 ~ 100
lawfull claims whatsoever, except as stated herein.
IN WITNESS WHEREOF, this document is executed this2.'" day of
.--
.., ...,j r-v~ , 2013.
)
) SS.
)
STATE OF OREGON
County of fiolllcnbltes
l_CJLi'",~--r9 """c.
Before me, a Notary Public, personally appeared Gerald R. Patterson and
acknowledged the foregoing instrument to be his/her voluntary act.
Dated this V.,-tlI day of R.bYU.~ ,2013.
OFFICIAL SEAL -~ TAYLOR BAYLISS MONTE CALVO -r~ ~ ~e--.-NOTARY PUBLIC· OREGON N AR PUBLIC FOR OREGON COMMISSION NO. 468197
MY COMMISSION EXPIRES MAY 06, 2016
My Commission Expires: ka..:j O((l, '201 v
STATE OF OREGON )
) SS.
County of ~e6oliures )
l-a....t'\...L
--n:; ""'" I!
Before me, a Notary Public, personally appeared Marion S. Forgatch and
acknowledged the foregoing instrument to be his/her voluntary act.
Dated this ;)'LP ~day of R b~ , 2013.
}~.~~
NO RY BLiC FOR OREGON
OFFICIAL SEAL W
TAYLOR BAYLISS MONTE CALVO
NOTAFlY PUBLIC .. OREGON
My Commission Expires: M~0 v (Lo' ~
COMMISSION NO. 400197
MY COMMISSION EXPIRCS MAY O~, ?016
PAGE 2 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby
accept the foregoing Temporary Construction Easement.
DATEDthis __day of ____________, 2013.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
ATTEST:
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
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EXHIBIT A
Tax lot 18-10-00 301
A tract of land lying in the SW Y. SW Y. of Section 2, Township 18 South, Range 10 East, W.M.,
Deschutes County, Oregon and being a portion of that land conveyed to Gerald R. Patterson and Marion
S. Forgatch in that Deed recorded August 6, 2004 in Volume 2004, Page 47064 of Deschutes County
Official Records, and being more particularly described as that portion of said Patterson and Fogatch
property included in a strip of land variable in width, lying on the northerly (left) side of the center line of
the Skyliners Road Legalization Alignment as described in Exhibit B of Deschutes County
Commissioner's Order 2012-021 and depicted on the Legalization Survey filed in the County Surveyor's
Office as survey CS18386, which centerline is described as follows:
Commencing at the 2-1/2" aluminum cap monumenting the comer common to Sections 2,3, 10 and
11 of Township 18 South, Range 10 East, W.M.; thence S62°30'19"W a distance of 4378.16 feet to
Engineer's Station 1101+45.88PC; thence 54.12 feet along the arc of a 525.00 foot radius curve to
the left, the long chord of which bears S44°08'56"E a distance of 54.10 feet to Engineers Station
1102+00.00P.O.C., the Point of Beginning of the 2012 Skyliners Road legalization centerline
alignment; thence continuing along said curve 458.03 feet along the arc of a 525.00 foot radius curve
to the left, the long chord of which bears S72°05'44"E a distance of 443.64 feet; thence N82°54'39"E
a distance of 191.41 feet; thence 189.02 feet along the arc of a 1650.00 foot radius curve to the left,
the long chord of which bears N79°37'45"E a distance of 188.92 feet; thence N76°20'50"E a distance
of 82.66 feet; thence 426.09 feet along the arc of a 1400.00 foot radius curve to the left, the long
chord of which bears N67°37'42"E a distance of 424.45 feet; thence N58°54'34"E a distance of
655.62 feet; thence N58°24'23"E a distance of 655.63 feet; thence N58°23'23"E a distance of 330.96
feet; thence N58°49'23"E a distance of 721.66 feet; thence N58°07'23"E a distance of 291.14 feet;
thence N56°12'08"E a distance of 383.87 feet; thence N54°03'59"E a distance of 1557.69 feet;
thence 288.11 feet along the arc of a 2600.00 foot radius curve to the right, the long chord of which
bears N57°14'27"E a distance of 287.96 feet to a point of compound curvature; thence 350.00 feet
along the arc of a 1800.00 foot radius curve to the right, the long chord of which bears N65°59'09"E a
distance of 349.44 feet; thence N71°33'22"E a distance of 88.76 feet; thence 302.73 feet along the
arc of a 1541.08 foot radius curve to the right, the long chord of which bears N7r11'01"E a distance
of 302.24 feet; thence N82°48'41"E a distance of 55.01 feet; thence 333.02 feet along the arc of a
1832.75 foot radius curve to the right, the long chord of which bears N88°01'00"E a distance of
332.55 feet; thence S 86°46'41"E a distance of 100.54 feet; thence 250.00 feet along the arc of a
1500.00 foot radius curve to the right, the long chord of which bears S82°00'12"E a distance of
249.71 feet to a point of compound curvature; thence 300.00 feet along the arc of a 2100.00 foot
radius curve to the right, the long chord of which bears S73°08'10"E a distance of 299.74 feet; thence
S69°02'37"E a distance of 504.61 feet; thence 1062.37 feet along the arc of a 1950.00 foot radius
curve to the left, the long chord of which bears S84°39'04"E a distance of 1049.28 feet; thence
N79°44'29M E a distance of 565.76 feet to centerline station 1203+44.68 at the west line of Section 2
of Township 18 South, Range 10 East, W.M., thence leaving said centerline and along said section
line SOoo08'53"W 732.62 feet to the 2-1/2M brass cap monumenting the corner common to Sections 1,
2,11 and 12 of Township 18 South, Range 10 East, W.M. Bearings are grid bearings based on the
Deschutes County Surveyor's Office Central Oregon Coordinate System.
The widths in feet of the strip of land above referred to are as follows:
Station to Station Width in feet on Northerly (left) Side of Center Line
1102+00.00 1155+94.62 30 parallel with centerline
1155+94.62 1155+94.62 30 in a straight line to 58
1155+94.62 1156+30.98 58 parallel with centerline
1156+30.98 1156+30.98 58 in a straight line to 30
1156+30.98 1203+44.68 30 parallel with centerline
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EXHIBIT A
Tax lot 18-10-00301
Containing 1018 square feet (0.02 acres) more or less lying outside of the legalized right-of-way of
Skyliners Road.
This tract is depicted on the attached map titled "Exhibit "An Sketch" which is incorporated herein by this
reference.
AENEWAtDATE: 1213l1l]
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I o ,3",,' • 4 1 WI sF 1
50
SCALE: 1" = 50'
I
100
181000 00 00301
(IN T18S. R10E. SEC. 2)
PATTERSON,GERALD R & FORGATCH,MARION S
400 HORIZON DR
EUGENE OR 97405
Site Address: 16451 SKYUNERS RD BEND 97701
Vol-Page: 2004-47064 STA: 1156+30.98
58.00 LT.
CONSTRUCTION
EASEMENT
AREA =
1,018 sq. ft.
0.02 acres
STA: 1155+94.62:;....-____--II!IP'
30.00 LT.
REGISTERED
PROFESSIONAL
LAND SURV R
EXHIBIT 'A' SKETCH -SKYLINERS RD. CONSTRUCTION EASEMENT