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Home My WebLink AboutDoc 115 - Deed - Right of Way - BendDeschutes 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 27, 2013 Please see directions for completing this document on the next page. DATE: March 18,2013 FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2013-115, a Deed of Dedication. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The City of Bend issued General Obligation Bonds to upgrade several major street corridors and intersections. One of the improvement projects is a segment of SE Reed Market Road. Project engineers determined that the project would affect property owned by Deschutes County. The City of Bend requests that Deschutes County donate a total of three (3) square feet for permanent right of way. This will enable the City to avoid the costs of valuing the property and acquisition costs. Deschutes County acquired the parcel in question (map and taxlot 181204-DC-02100) by Tax Deed recorded February 23, 2006, as document 2006-12615. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends Board signature of Document 2013-115. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original to Teresa Rozic for transmittal to City'S contractor. City's contractor will return a copy of the recorded document for our records. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This tonn 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 retumed 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 tonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 103/18120131 Department: IProperty & Facilitiesl Contractor/Supplier/Consultant Name: [8Q[ll1c. for City of Bendl Contractor Contact: [raci Sherre~ Contractor Phone #: 1503-727-39431 Type of Document: Deed of Dedication Goods and/or Services: N/A Background & History: The City of Bend issued General Obligation Bonds to upgrade several major street corridors and intersections. One of the improvement projects is a segment of SE Reed Market Road. Project engineers determined that the project would affect property owned by Deschutes County. The City of Bend requests that Deschutes County donate a total of three (3) square feet for permanent right of way. This will enable the City to avoid the costs of valuing the property and acquisition costs. Deschutes County acquired the parcel in question (map and taxlot 181204-DC-02100) by Tax Deed recorded February 23,2006, as document 2006-12615. Agreement Starting Date: IUpon signaturd Ending Date: INone! Annual Value or Total Payment: N/A D Insurance Certificate ReCeiVjd (ChiCk box) Insurance Expiration Date: N/A 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) N/A Funding Source: (Included in current budget? DYes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? Yes [gI No 3/18/2013 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 #: i I Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 J Department Director Approval: -!r-~----~----II Signature Date I Distribution of Document: Original to Teresa Rozic for transmittal to City's contractor. City's contractor will return a copy of the recorded document for our records. I Official Review: ~ County Signature Required (check one): SOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____) Legal Review Date Document Number 2013·115 3/18/2013 •• t. ~' ~i _' . r, (,.~.:: ~. .~ c. ~; March 8, 2013 File No: RM-32Deschutes County Property & Facilities Project: Bend G.O. BondDepartment Road: Reed Market 3rd to RR & America Lane Attn: Teresa Rozic County: Deschutes14 NW Kearney Avenue FAP#: N/ABend, OR 97701 Dear Ms. Rozic: HDR Engineering, Inc. has been hired by the City of Bend to assist with obtaining the right of way interests needed to construct the above referenced project. Enclosed is a donation agreement for consideration by Deschutes County. The City of Bend is requesting the County ..donate 3 square feet of land . .. Please review the enclosed donation agreement and exhibit. If you are in agreement with the donation request, please sign the enclosed document. If you have questions please feel free to contact me at either the phone number or email address given below. Thank you. Sincerely, ~~'.4~ Traci Sherrer Right of Way Agent Phone: (503) 727-3943 Email: traci.sherrer@hdrinc.com Enclosures MAR 1 J 2013 PROPEIUY& FACILJTIES T>EPT ------ · · ·· · --~ · 'Il +. --'*f*<ftt*<<<<« « ««('ff«+«+«+«+ffi«+«+«+«+~· ~ ~ m-)~(«« « « «« ««« « « «(«« « « « «( « « « « «« «« « « « « « «««M<ffi*<fttf{ff«*<H. ----rl o~.o 1I 9' dV~ llS ..J f/I I ~ I~ I ~ I ~ lIWJ Iltf~ I Q~ to\::'. Ii>::s-1~ Op~ \\,... ~ ~ ~~ % ~. I DEDICATION DEED Deschutes County, a political subdivision of the State of Oregon, GRANTOR, dedicates to the public to be administered by the City of Bend; the following described property for RIGHT OF WAY AND UTILITY PURPOSES, and warrants that it is free and clear of all liens and encumbrances: See Exhibit A and B BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The monetary consideration for this conveyance is $ [No Monetary Consideration] Dated this __day of _____~__" 2013 I Signature State of Oregon County of Deschutes Title ______--:-:----;' 2013, ,_________o,f Deschutes County. This instrument was acknowledged b by ________-=~--- Accepted on behalf of the public by the City of Bend By:~~~~~_________ Eric King -City Manager Until a change is requested, all tax statements shall be sent to the following address: Deschutes County Property and Facilities,14 NW Kearney Ave, Bend, OR 977014 After Recording Rerum to: Peggy Spencer c/o Public Works Department 575 NE 15th St., Bend OR 97701 DEDICATION DEED Signature Page REVIEWED LEGAL COUNSEL Dated this day of _____, 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, Chair ATIEST: TAMMY BANEY, Vice Chair Recording Secretary ANTHONY DEBONE, Commissioner STATE OF OREGON County of Deschutes ) ) ) ss. 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 and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this __day of ______, 2013 Notary Public for Oregon My Commission Expires: _________ 2013-115 EXHIBIT A Reed Market Road Reed Market Road Right-of-Way Acquisition TL 181204DC 02100 RM-32 PROPERTY DESCRIPTION A parcel of land containing 3 square feet, more or less, being a portion of that parcel of land described as 181204 DC 02100, Serial No. 195884, in tax deed to Deschutes County, recorded February 23,2006 in Volume 2006 Page 12615 Deschutes County official records, located in the Southwest One-Quarter of the Southeast One-Quarter (SWII4 SE 114) of Section 4, Township 18 South, Range 12 East, Willamette Meridian, City of Bend, Deschutes, Oregon, being more particularly described as follows: Commencing the northeast comer of Lot 2, "American Loop"; thence North 10°57'47" East a distance of 100.04 feet (per the plat map of "American Loop"); thence North 77°34'37" West a distance of 5.41 feet to a point on the south line of said Section 4; said point being the True Point of Beginning; thence North 89°59'35" West, along said south line, a distance of 4.63 feet; thence leaving said south line, North 16°09'36" West a distance of 1.13 feet to the southerly right of way line of Reed Market Road; thence South 77°34'37" East, along said south right of way line, a distance of 5.06 feet to the True Point of Beginning, the terminus of this description. Bearings are based on the Central Oregon Coordinate System. See attached map titled "EXHIBIT B", hereby incorporated by reference. REGISTERED PROFESSIONAl. LAND SURVEYOR RENEWAL DATE: 06/30/14 /~~L S:\land ProjcctslCOB Transportation Bond\dwglJJJlO7lReed MarketlIW-ease descIRM-32 deschutes county.docx EXHIBIT B REED MARKET ROAD/RM-32 RIGH OF-WAY ACQUISITION PARCEL -TL lB1204DC 02100 LOCA TED IN: SWI/4 S£1/4 OF SECTION 4, T1BS, R12E, w.M., CITY OF BEND, DESCHUTES COUNTY, OREGON'--"-._ '-"-., "-,,-L / i i", '-...., ............ : ~ i .......... ", ""''-... "---'--J l : ..~-, '........... '''--'-.. ......... '-----.............. "" ............ ---........-.......... .... ----~~ .............. ................... -----___"'''''RI(£'r R. ............ ...................... 'O""O~.. .......... ___ DETAIL TL ................ '---, BELOW C 181204DC CENTR""L Q ............ ~ 02100 a IRRICA 7J.'RECON .... SECTION 4 'ISTRICT ON .... -------------------------------~~------------SECTION 9 , i, PORTION OF TL 2190 FEE AREA 3 SF (0.00 ACRES) POINT OF BEGINNING, BEARS Nl0'57'47"E 100.04' AND N77'34'37"W 5.41' REGISTERED N16'09'36"W FROM N. E. CORNER PROFESSIONAL 1.13' LOT 2, "AMERICAN LOOP" JULY 19. 1994 DAVID R. VlILLIAMS 2686 RENE\JAL D!.1J' 06/30/14/02/if( I' 't. 1" = 30' 111107/Reed Market/RM-32 DETAIL 1" = 10' S??,. , '-'4 J?''E: 5.06' AND SURVEYOR. OREGON HW'A"..",,,.......... REED MARKET ROAD 'RM-32 SHEET ~""I.A••III HICkMAN, WILLIAMS" AlSOCtAn:S, INC RIGHT-OF-WA Y ACQUISITION PARCEL -TL 181204DC 02100 1/1 U'JOO lllllY lOAD. WI!'! I~ lUI" OI£QOM t1101 ptj~t.~IH'.'161 fU ..1,:10.,." SCALE: 1" = 100' DRAWN BY.: JAM DATE: 12 4 12