HomeMy WebLinkAboutDoc 587 - Relinquish Deed - ODOT - 12th St, TerrebonneDeschutes 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 October 23,2013
Please see directions for completing this document on the next page.
DATE: October 9, 2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2013-587, a Relinquishment Deed from the Oregon
Department of Transportation for property to be used for public road purposes located off of 12th Street
near Terrebonne, OR
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, Olaf Bolken applied for and received approval for a five (5) lot subdivision (TP-07-1000) on
his property located north of Lower Bridge Way and west of Highway 97. The proposed access for the
subdivision was to be off of Highway 97. The Oregon Department of Transportation (ODOT), after
reviewing the subdivision application, decided to work with Mr. Bolken to reconfigure his subdivision
to reduce the number of accesses to Highway 97 along the Bolken property frontage. ODOT initiated
the proposed change through land use action MC-l 0-2/RD-l 0-1. The proposed change would have Mr.
Bolken accessing his property from the south off of the existing right-of-way for 1 i h Street off of
Lower Bridge Way. In order for this to be accomplished, ODOT had to acquire property from Terry
and Ruth Moore (Deed 2011-15446) and David and Jill Allen (Deed 2011-06859) for roadway
purposes. Per Intergovernmental Agreement No. 27055, US 97: Crooked River Br-Redmond Unit (12
Street), ODOT was to acquire all property needed for the project at their expense and upon completion
of the project, relinquish unto County its right, title and interest in the connecting roads or portions
thereof as provided for in said agreement. Any right of way being conveyed in which State has any title
shall be vested in County only so long as used for public road purposes. If said right of way is no
longer used for public road purposes, it shall automatically revert to state. This Relinquishment Deed
accomplishes the transfer of property purchased by ODOT for the project to Deschutes County.
FISCAL IMPLICATIONS:
None, ODOT was responsible for the purchase of the property and the new road will not be maintained
by Deschutes County
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2013-587 a Relinquishment Deed from
the Oregon Department of Transportation for property to be used for public road purposes located off of
12th Street near Terrebonne, OR
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) after recording at the Road Department
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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: 110/9/20131 Department: IRoadl
Contractor/Supplier/Consultant Name: 10regon Department of Transportationl
Contractor Contact: IBrenda Remmelll Contractor Phone #: 1503j
Type of Document: Relinquishment Deed.
Goods and/or Services: Transfers a parcel purchased by the ODOT for use as public
right of way to Deschutes County
Background & History: In 2007, Olaf Bolken applied for and received approval for a
five (5) lot subdivision (TP-07 -1000) on his property located north of Lower Bridge Way
and west of Highway 97. The proposed access for the subdivision was to be off of
Highway 97. The Oregon Department of Transportation (ODOT), after reviewing the
subdivision application, decided to work with Mr. Bolken to reconfigure his subdivision to
reduce the number of accesses to Highway 97 along the Bolken property frontage.
ODOT initiated the proposed change through land use action MC-1 0-2/RD-1 0-1. The
proposed change would have Mr. Bolken accessing his property from the south off of
the existing right-of-way for 12th Street off of Lower Bridge Way. In order for this to be
accomplished, ODOT had to acquire property from Terry and Ruth Moore (Deed 2011
15446) and David and Jill Allen (Deed 2011-06859) for roadway purposes. Per
Intergovernmental Agreement No. 27055, US 97: Crooked River Br-Redmond Unit (12
Street), ODOT was to acquire all property needed for the project at their expense and
upon completion of the project, relinquish unto County its right, title and interest in the
connecting roads or portions thereof as provided for in said agreement. Any right of
way being conveyed in which State has any title shall be vested in County only so long
as used for public road purposes. If said right of way is no longer used for public road
purposes, it shall automatically revert to state. This Relinquishment Deed accomplishes
the transfer of property purchased by ODOT for the project to Deschutes County.
Agreement Starting Date: lupon signaturij Ending Date: ~
Annual Value or Total Payment: '------'
(
I
Insurance Expiration Date:
'----' i
Check all that apply: f o RFP, Solicitation or Bid Process
10/8/2013
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Sid Process (specify -see DCC §2,37)
Funding Source: (Included in current budget? DYes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes 0 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: D Yes No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
l~_----'
Departmental Contact and Title: George Kolb, County Engineer
Phone#: 541-322-7113 W, ~
Department Director Approval: --+-+--\::",c--\::::'~-I---~_
Sf9nature Date
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): D SOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No, _____,)
Legal Review Date
Document Number __
10/8/2013
Relinquishment Deed
Right of Way Files 7520001 & 7520002 Relinquishment No. 7520000A
Misc. C & A Agreement No. 27055 hUS97: Crooked River Br-Redmond Unit 2 (1i St. Ext.) Project
1ih Street Extension Section
The Dalles-California Highway
Deschutes County, Oregon
In order to complete terms of Misc. C & A Agreement No. 27055, dated November 16,
2010, between the STATE OF OREGON, by and through its Department of
Transportation, hereinafter called "State", and DESCHUTES COUNTY, a pOlitical
subdivision of the State of Oregon, acting by and through its Elected Officials,
hereinafter called "County", State does hereby relinquish unto County its right, title and
interest in the connecting roads or portions thereof as provided for in said agreement.
Any right-of-way being conveyed in which State has any title shall be vested in County
ONLY SO LONG AS USED FOR PUBLIC ROAD PURPOSES. IF SAID RIGHT OF
WAY IS NO LONGER USED FOR PUBLIC ROAD PURPOSES, IT SHALL
AUTOMATICALLY REVERT TO STATE. The area being relinquished is described in
the legal description and accompanying map, marked Exhibit "A" and Exhibit "B",
attached hereto and by this reference made a part hereof.
The property above described is transferred subject to the rights of any utilities located
within said property and further subject to the rights of the owners of said existing
facilities if any there be, to operate, reconstruct, and maintain their utility facilities
presently located within said property.
r
9/11/13
Page 1 -Relinquishment
RETURN TO
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION
4040 FAIRVIEW INDUSTRIAL DRIVE SE MS#2
SALEM OR 97302-1142
Right of Way Files 7520001 &7520002 Relinquishment No. 7520000A
Misc. C &A Agreement No. 27055
US97: Crooked River Br-Redmond Unit 2 (12'h St. Ext.) Project
12th Street Extension Section
The Dalles-California Highway
Deschutes County, Oregon
The Oregon Transportation Commission, by a duly adopted Delegation Order No.3,
dated May 20,2009, and Sub-delegation Order No.4, dated July 7,2005, and Letter of
Authority paragraph No. 13, dated February 22, 2002, authorize the State Right of Way
Manager to sign this Relinquishment for a~ayt>e:::=e Commission.
Dated this 12'4 day of ~J , 20_'3::.::.-__
STATE OF OREGON, by and through its
DEPARTMENT OF TRANSPORTATION
BY~
Rick Crager, St
p.oiIi~_:c..-~-=:""...:...J~=--__" 20 /3 . Personally appeared Rick Crager,
state he is the State Right of Way Manager for the State of Oregon, Department of
Transportation, and that this document was luntarily signed on behalf of the State of
Oregon by authority delegated to him. Before e:
OFFICIAL SEAL
VIKKI M POINTER
NOTARY PUBLIC -OREGON
COMMISSION NO. 459738
tIN COMMISSION EXPIRES AUGUST 14, 2Q15
Title as hereinabove relinquished and as shown on accompanying legal description and
map, Exhibit "An and Exhibit "B", is hereby accepted by Deschutes County.
Accepted on behalf of Deschutes County
By _______________
Date________________
9/11/13
Page 2 -Relinquishment
blr
EXHIBIT A -Page 1 of 1 File MC&A 27055
9/1012013
To Be Relinquished To Deschutes County
A tract of land lying in the NE%NW% of Section 16, Township 14 South, Range 13 East,
W.M., Deschutes County, Oregon, said tract being those permanent easements to
construct a public roadway and for utilities, designated as Parcel 2 and described in that
Conveyance of Access Rights to the State of Oregon, by and through its Department of
Transportation, recorded February 22, 2011 in Volume 2011, Page 06859; and
described in that Permanent Easement to the State of Oregon, by and through its
Department of Transportation, recorded April 26, 2011 in Volume 2011, Page 15446,
both of Deschutes County Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
---
__ __ __
T. 14 S., R. 13 E., W.M.
SECTION 9
&~-----------------I SECTION 16
~~ Deed 2011-15446 I
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Terry and Ruth Moore
2001 -40639
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGO
JUL Y 19. 1994
SCOTT RICHARD MORRISON
2614
RENEWS: 12/31/2014
LOT 5
LOT 4
OREGON DEPARTMENT OF TRANSPORT ATlON r--s e c_t_i_o_n _t-Us9_7_:C_roo_k_ed_R_iv_er Br_-_R,-ed_m_on_d_U..,.ni_t2=----.::.(1~2t..:..:..h...::...Sf-=E:;,:,:,x:..:......jtJ_
Scal e 1//;; 80'The Dalles -CaliforniaJ RIGHT OF WAY Highway
Date September. 2013RELINQUISHMENT County Deschutes County
EXHIBIT B Fil e MC&A 27055
'-___",;;;;;;;;;;;;;;.__________--1
Relinquishment Deed from ODOT to Deschutes Coun
Right-of-Way Dedicated
per TP-07 -1000 Original Location of
Subdivision Access
Existing
Right-of-Way
Area to be Relinquished to
Deschutes County per
MC-10-2! RD-10-1
I I I I
L...-_.....:1111'--...L.._---IL.......I_-L...._L-I'--___....1
Locator Map
o 400
Legend
Relinquish -State Highway
TP-07 -1000 -Road Centerlines
D Taxlots
The information on this map was derived from dgtal databases on
Deschutes County's G.I.S. Care was taken in the creation ofthis
map, but ~ is p"",ided "as is". Deschutes County cannot accept any
responsibility fur errors, orrissions, or positional accuracy in the
data or the underlying records. There are no warranties, express or
implied, indudng the warranty of merchantability or fitness for a
particular purpose, accompanying this proc1Jct. However, notification
of any errors will be appeciated.
800 1,200 Feet
t Printed: September 25, 2013
P:lArcGIS_ProjectsIOedicationsI12th Street