HomeMy WebLinkAboutDoc 211 - Accept Land Patents - La Pine - BLMI t Deschutes County Board of CommissionersJ
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 23, 2014
Please see directions for completing this document on the next page.
DATE: April 14, 2014
FROM: James Lewis Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2014-211, Acceptance of Land Patents.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The attached acceptance of Land Patents is for two tracts of land located in La Pine. These
conveyances to Deschutes County from the United State of America through the Bureau of Land
Management are the result of the federal La Pine Land Conveyance Act of 2012. Parcel"A" is 150
acres in area, is located along the southwestern City limit and is to be used for outdoor recreation, open
space, park, rodeo ground and associated uses. Parcel "B" is 828.95 acres in area, is located along the
eastern city limit, and is to be used for a public sewer system and associated uses. Upon acceptance of
these parcels, Parcel "A" will be conveyed to the La Pine Park and Recreation District, and Parcel "B"
will be conveyed to the City of La Pine.
FISCAL IMPLICATIONS:
There is no consideration for acceptance of these land patents.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document No. 2014-211.
ATTENDANCE: J ames Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
REVIEWED
LEGAL COUNSEL ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does
hereby accept the foregoing Land Patents patent numbers 36-2014-0004 and 36-2014
0005, conveyed from the United State of America, through the Bureau of Land
Management, Deschutes County Document No. 2014-211, pursuant to ORS 93.808.
DATED this __day of ________2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Document No. 2014-211 DC 2014-211
Fonn /860-9
(January \988)
OR 67507 -(Parcel A)
\!tue Winiteb ~tates of ~merica
«:0 all to wbom tb.e~e prl'~l'nt~ ~baU tome, ~reeting:
WHEREAS
DESCHUTES COUNTY,
A Municipality ofthe state of Oregon
is entitled to a Land Patent pursuant to the La Pine Land Conveyance Act of2012 (126 Stat. 1279),
Public Law 112-164, enacted August 10,2012, for the following described land:
Willamette Meridian, Oregon
T. 22 S., R. 10
Sec. 15, SY2NEY4NWY4, SEY4NWY4NWY4,
EYZS WI14NWY4, SE Y4NWY4,
EYzNWY4SWY4, and NEY4SWY4.
The areas described contain 150.00 acres, according to the official plats ofthe survey of the said
land, on file in the Bureau of Land Management.
NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the premises,
and in conformity with the said Act of Congress, HAS GIVEN AND GRANTED, and by these presents
DOES GIVE AND GRANT unto the said Deschutes County, the land above described, to be used for
outdoor recreation, open space, or public parks, including a rodeo ground, and associated uses; TO
HA VE AND TO HOLD the said land with all the rights, privileges, immunities, and appurtenances, of
whatsoever nature, thereunto belonging, unto the said Deschutes County, forever; and
EXCEPTING AND RESERVING TO THE UNITED STATES from the land so granted, a
right-of-way thereon for ditches and canals constructed by the authority of the United States. Act of
August 30,1890 (43 U.S.c. 945); and
SUBJECT TO:
I. The administrative rights of the grants are retained by the Bureau of Land Management in
the rights-of-way for a power substation, Serial Number, OR 24420, and aIlS KVelectric
transmission line, Serial Number, OR 36331, granted to Mid-State Electric Cooperative, Inc.,
its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.c. 1761); and
PATENT NUMBER: 36-2014-0004
Page 1 of3
Fonn 1860-\0
(January 1988)
OR 67507 -(parcel A)
2. Such rights as Mid-State Electric Cooperative, Inc., its successors or assigns may have for an
electric distribution line right-of-way, Serial Number, OR 09051, expiring May 2, 2022,
pursuant to the Act of March 4, 1911, as amended (43 U.S.c. 961); and
3. Such rights as the Mid-State Electric Cooperative, Inc., its successors or assigns may have for
an electric distribution line right-of-way, Serial Number, ORE 02237, expiring February 21,
2044, pursuant to the Act of March 4, 1911 (43 U.S.c. 961); and
4. Such rights as the Mid-State Electric Cooperative, Inc., its successors or assigns may have for
a 115 KV electric transmission line with distribution underbuild right-of-way, Serial Number,
OR 43592, expiring July 5, 2018, pursuant to the Act of October 21, 1976 (43 U.S.c. 1761);
and
5. Such rights as Deschutes County may have for a road right-of-way, Serial Number, OR 51362,
expiring December 6, 2025, pursuant to the Act of October 21,1976 (43 U.S.c. 1761).
Provided that title shall revert to the United States upon a finding by the Secretary ofthe Interior,
after notice, and an opportunity for a hearing, that the land has ceased to be used for the public purposes
and associated uses for which the land was conveyed as described in the La Pine Land Conveyance Act
of2012. Provided further that the Secretary ofthe Interior may take action to revest title in the United
States if the patentee directly or indirectly penn its its agents, employees, contractors, or subcontractors
(including without limitation, lessees, sublessees, and pennittees), to prohibit or restrict the use of any
part of the patented land or any of the facilities thereon by any person because of such person's race,
creed, color, sex, or national origin.
The grant of the herein described land is subject to the following reservations, conditions, and
limitations:
(l) The patentee or its successor in interest shall comply with and shall not violate any of the
tenns or provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and
requirements of the regulations, as modified or amended, of the Secretary of the Interior
issued pursuant thereto (43 C.F.R. 17), for the period that the land conveyed herein is used
for the purposes for which the grant was made pursuant to the La Pine Land Conveyance
Act of2012.
(2) The United States shall have the right to seek judicial enforcement of the requirements of
Title VI of the Civil Rights Act of 1964, and the tenns and conditions of the regulations, as
modified or amended, of the Secretary of the Interior issued pursuant to said Title VI, in the
event of their violation by the patentee.
PATENT NUMBER: 36-2014-0004
Page 2 of3
Form 1860-11
(January 1988)
OR 67507 -(parcel A)
(3) The patentee or its successor in interest will, upon request of the Secretary of the Interior or
His delegate, post and maintain on the property conveyed by this document signs and
posters bearing a legend concerning the applicability of Title VI of the Civil Rights Act of
1964 to the area or facility conveyed.
(4) The reservations, conditions, and limitations contained in paragraphs 1-3 shall constitute a
covenant running with the land, binding on the patentee and its successors in interest, for
the period for which the land described herein is used for the purposes for which this grant
was made.
(5) The assurances and covenants required by paragraphs 1-4 above shall not apply to ultimate
beneficiaries under the program for which this grant is made. "Ultimate beneficiaries" are
identified in 43 C.F.R. 17.12(h).
IN TESTIMONY WHEREOF. the undersigned authorized officer of the
Bureau of Land Management. in accordance with the provisions of
the Act of June 17. 1948 (62 Stat. 476). has. in the name of the
United States, caused these letters to be made Patent, and the Seal of
the Bureau to be hereunto affixed.
GIVEK under my hand. in Portland, Oregon
the nineteenth day of March in the year of
our Lord two thousand and fourteen and of the Independence of the
United States the two hundred and thirty-eighth.
BY~Cc C";Y.:'AA m
Chief, Branch of Land. Mineral, and Energy Resources
PATENT NUMBER: 36-2014-0004
Page 3 of3
Fonn 1860-9
(January 1988)
OR 67507 (parcel B)
'ltbe mnlteb ~tate5 of ~metlCa
'lEo aU to Illbom tbue prurnts sball come, 4€ireeting:
WHEREAS
DESCHUTES COUNTY,
A Municipality of the state of Oregon
is entitled to a Land Patent pursuant to the La Pine Land Conveyance Act of2012 (126 Stat. 1279),
Public Law 112-164, enacted August 10, 2012, for the following described land:
Willamette Meridian, Oregon
T. 22 S., R. 10 E.,
Sec. 12, EYl, SEV4NWV4, EYlSWI/4,
Lots 1,4, 5, 7 and 8, lying east ofthe westerly
right-of-way line of the Burlington Northern
Santa Fe Railroad right-of-way.
T. 22 S., R. 11 E.,
Sec. 7, EYl WYl,
Lots 1,2,3 and 4.
The areas described containing 828.95 acres, according to the official plats ofthe survey of the
said land, on file in the Bureau of Land Management.
NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the premises,
and in conformity with the said Act of Congress, HAS GIVEN AND GRANTED, and by these presents
DOES GIVE AND GRANT unto the said Deschutes County, the land above described, to be used for a
public sewer system and associated uses; TO HAVE AND TO HOLD the said land with all the rights,
privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said
Deschutes County, forever; and
EXCEPTING AND RESERVING TO THE UNITED STATES from the land so granted a right
of-way thereon for ditches and canals constructed by the authority of the United States. Act of August
30,1890 (43 U.s.c. 945); and
PATENT NUMBER: 36-2014-0005
Page 1 of3
FOnTI 1860·10
(January 1988)
OR 67507 -(Parcel B)
SUBJECT TO:
1. A perpetual right-of-way for public road purpose as reserved under right-of-way Serial
Number OR 11011, pursuant to Title V of the Federal Land Policy and Management Act of
1976 (43 U.S.c. 1767) as to the S'I2SEV4SWV4 and SYzSEV4, Sec. 12, T. 22 S., R. 10 E., and the
SEV4SWV4, and lot 4, Sec. 7, T. 22 S., R. 11 E., W.M., and the right to enforce all or any ofthe
terms and conditions of the right-of-way; and
2. A perpetual right-of-way for public road purpose as reserved under right-of-way Serial
Number OR 11012, pursuant to Title V of the Federal Land Policy and Management Act of
1976 (43 U .S.c. 1767) as to the EYz of Sec. 12, T. 22 S., R. 10 E., W.M., and the right to
enforce all or any ofterms and conditions of the right-of-way; and
3. Such rights as the Great Northern Railroad Company, its successors or assigns may have a
perpetual railroad right-of-way, Serial Number L-O 13414, pursuant to the Act of March 3,
1875 (43 U.S.c. 934); and
4. Such rights as TransCanada GTN System, its successors or assigns may have a perpetual gas
pipeline right-of-way, Serial Number ORE-OI 0556, pursuant to the Act of February 25, 1920
(30 U.S.c. 185); and
5. Such rights as PG&E National Energy Group, its successors or assigns may have for a gas
pipeline right-of-way, Serial Number OR 13824, expiring July 16, 2016, pursuant to the Act of
February 25, 1920 (30 U.S.c. 185); and
6. Such rights as Mid-State Electric Cooperative, Inc., its successors or assigns may have for an
electric distribution line right-of-way, Serial Number OR 44115, expiring July 4, 2018,
pursuantto the Act of October 21, 1976 (43 U.S.c. 1761); and
7. Such right as Deschutes County Road Department may have for a road right-of-way, Serial
Number OR 46517, expiring April 11,2021, pursuant to the Act of October 21, 1976 (43
U.S.C. 1761).
Provided that title shall revert to the United States upon a finding by the Secretary of the Interior,
after notice, and an opportunity for a hearing, that the land has ceased to be used for the public purposes
and associated uses for which the land was conveyed as described in the La Pine Land Conveyance Act
of 20 12. Provided further that the Secretary of the Interior may take action to revest title in the United
States if the patentee directly or indirectly permits its agents, employees, contractors, or subcontractors
(including without limitation, lessees, sublessees, and permittees), to prohibit or restrict the use of any
part of the patented land or any ofthe facilities thereon by any person because of such person's race,
creed, color, sex, or national origin.
PATENT NUMBER: 36-2014-0005
Page 2 of3
Fonn 1860-11
(January 1988)
OR 67507 -(parcel B)
The grant of the herein described land is subject to the following reservations, conditions, and
limitations:
(1) The patentee or its successor in interest shall comply with and shall not violate any of the
Terms or provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and
requirements of the regulations, as modified or amended, of the Secretary ofthe Interior
issued pursuant thereto (43 C.F .R. 17), for the period that the land conveyed herein is used
for the purposes for which the grant was made pursuant to the La Pine Land Conveyance
Act of2012.
(2) The United States shall have the right to seek judicial enforcement of the requirements of
Title VI ofthe Civil Rights Act of 1964, and the terms and conditions of the regulations, as
modified or amended, of the Secretary of the Interior issued pursuant to said Title VI, in the
event of their violation by the patentee.
(3) The patentee or its successor in interest will, upon request of the Secretary of the Interior or
his delegate, post and maintain on the property conveyed by this document signs and
posters bearing a legend concerning the applicability of Title VI of the Civil Rights Act of
1964 to the area or facility conveyed.
(4) The reservations, conditions, and limitations contained in paragraphs 1-3 shall constitute a
covenant running with the land, binding on the patentee and its successors in interest, for
the period for which the land described herein is used for the purposes for which this grant
was made.
(5) The assurances and covenants required by paragraphs 1-4 above shall not apply to ultimate
beneficiaries under the program for which this grant is made. "Ultimate beneficiaries" are
identified in 43 C.F .R. 17 .I2(h).
IN TESTIMONY WHEREOF. the undersigned authorized officer of the
Bureau of Land Management. in accordance with the provisions of
the Act of June 17, 1948 (62 Stat. 476). has, in the name of the
United States. caused these letters to be made Patent and the Seal of
the Bureau to be hereunto affixed.
GIVEN under my hand, in Portland, Oregon
the nineteenth day of March in the year of
our Lord two thousand and fourteen and of the Independence of the
United States the two hundred and thirty-eighth.
BY~Q~ ('j \\(~
Chief, Branch of Land, Mineral, and Energy Resources
PATENT NUMBER: 36-2014-0005
Page 30f3