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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 I I l 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 ~~ I ..... _----­~~ I ~~ I ~ ~ ~ ~ 1 i( :) I iI I : I : <h: I 0') ~I : II 1);):1.0 I ~ ~I I .!.:(-. :1I 0:I (\JH 1 -g :1 LOT 1I ~ ~ I I : I N -I I LOT 2 tf) -I :::0 fT1 fT1 -I N 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