HomeMy WebLinkAboutDoc 294 - Easement to Midstate ElectricDeschutes 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 June 4, 2014
Please see directions for completing this document on the next page.
DATE: May 27,2014
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-294, the grant of Easements to Midstate Electric
Cooperative, Inc.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In April, 2014, as a result of the La Pine Land Conveyance Act of2012, the United States of America,
through the Bureau of Land Management (BLM,) conveyed a 150 gross acre tract of land along the
western boundary ofthe City of La Pine to Deschutes County. Within the overall tract conveyed by
BLM is a 3.23 acre parcel developed with an electric power substation operated by Midstate Electric
Cooperative, Inc .. This parcel is surrounded by the remaining 144.5 net acres (not including dedicated
right of way) that is to be used for outdoor recreation, open space, or public parks, including a rodeo
ground as was the intent of the Land Conveyance Act. Although the 3.23 acre substation site is a
separate and previously created legal parcel, some of the equipment associated with the substation lies
beyond the boundary of the substation parcel and within the 144.5 acres intended for recreational use.
This equipment includes guy wires, support structures, and underground power lines. In order to
continue the operation and maintenance of the electric power substation, easements for the equipment
located outside of the substation parcel are necessary. Pursuant to the La Pine Land Conveyance Act of
2012 and the acknowledged historic use of the property as described therein, Deschutes County is
granting easements to Midstate Electric Cooperative on the 144.5 acre parcel immediately adjacent to
the 3.23 acre substation site for the existing electric power equipment and the continued use for such
purposes.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County will grant the easement to Midstate Electric Cooperative,
Inc. for no consideration.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-294
ATTENDANCE: J ames Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
REVIEVv'ED
&2! tm"I.~.-. EASEMENT
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KNOW ALL MEN BY THESE PRESENTS, that the undersigned, a duly authorized representative
of Deschutes County, the record owner(s) of the real property located in Deschutes County, State of
Oregon, more particularly described as:
Portion: W 1/2
Section: 22, Township: 10 South, Range: 15 East, Willamette Meridian
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
grant unto Midstate Electric Cooperative, Inc., an Oregon cooperative corporation (hereinafter called the
"Cooperative"), whose post office address is P.O. Box 127, La Pine, Oregon 97739, and to its successors and
assigns, the following easement:
An easement to install, modify and maintain electrical facilities more
particularly described as follows:
Those particular easements as shown and described on the attached
Exhibit A and Exhibit B;
EASEMENT
BETWEEN
STATE OF OREGON,
County of ) ss.
Deschutes Coun~
1300 NW Wall St.1 Suite 200
Bend OR 97701
AND
Midstate Electric CooRerative, Inc.
P.O. Box 127
La Pine, Oregon 97739
After recording retum to:
I certify that the within instrument
was received for record on the _day
of ,20_, at
o'clock_.M., and recorded in
book/reel/volume No. on
page or as fee/file/instrumenU
microfilm/reception No. ,
Record of of said county.
Witness my hand and seal of
County affixed.
Midstate Electric CooQerative, Inc.
P.O. Box 127
La Pin~, Oregon 97739 By
Name litle
, Deputy
O:IEngineeringISystemIEasemenUnfoIBLM\6th_StIFinalizingIEasementForBLM_Transfer.docx
DC 2 0 14 -2 9 4·
and to lay, construct, operate and maintain an electrical transmission and/or distribution line or system,
electrical, cable, telecommunications and other utility facilities on or under the above-described real property
and/or in, upon, or under all streets, roads or highways abutting said real property; to inspect and make such
repairs, changes, alterations, improvements, removals from, or substitutions and additions to its facilities as
Cooperative may from time to time deem advisable, including, by way of example and not by way of limitation,
the right to increase or decrease the number of conduits, wires, cables, handholes, manholes, transformers,
connection boxes, transformer enclosures, concrete pads, attachments, equipment, accessories and
appurtenances thereto desirable in connection therewith, hereinafter referred to as the "facilities"; to cut, trim
and control the growth by machinery or otherwise of trees and shrubbery located within the easement, or that
may otherwise interfere with or threaten to endanger the operation and maintenance of said line or system
(including any control of the growth of other vegetation in the right-of-way which may incidentally or necessarily
result from the means of control employed); to keep the easement clear of all buildings, structures or other
obstructions; and to license, permit or otherwise agree to the joint use of occupancy of the lines, poles, system
or, if any said system is placed underground, of the trench related to underground facilities, by any other
person, association or corporation.
The undersigned agree that all poles, wires or other facilities including any main service entrance
equipment, installed in, upon or under the above-described lands at the Cooperative's expense shall remain
the property of the Cooperative, removable at the option of the Cooperative.
The undersigned further covenant that they are the owners of the above-described real property
and that the said real property is free and clear of encumbrances and liens of whatsoever character except
those held by the following persons:
THE TRUE CONSIDERATION FOR THIS GRANT OF EASEMENT IS PROVISION FOR ELECTRIC
SERVICE.
THIS INSTRUMENT WILL 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 TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES
AS DEFINED IN ORS 30.930.
O:\Engineering\System\Easement_lnfo\BLM\6th_St\Finalizing\EasementForBLM_Transfer.docx
REVIEWED
LEGAL COUNSEL
DATED this day of BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice-Chair
Recording Secretary ALAN UNGER, Commissioner
STATE OF OREGON
County of Deschutes
)
) ss.
)
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and ALAN
UNGER, 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 ______
My Commission Expires:
Notary Public for Oregon
O:IEngineeringISyslem\Easement_lnfo\BLMI6th_StIFinalizingIEasementForBLM_Transfer.docx
EXHIBIT A
Six (6) parcels ofland, located in the West One-Half (W1I2) of Section 15, Township 22 South,
Range 10 East, Willamette Meridian, Deschutes, Oregon, being more particularly described as
follows:
Easement No.1: Beginning at a 5/8" iron rod with yellow plastic cap marked "HW AU at the
northeast comer of the South One-Half of the Northeast One-Quarter of the Northwest One
Quarter (S 1/2 NE1I4 NW1I4) of said Section; thence along the North-South center Section line,
South 00°40'45" West a distance of 1330.70 feet; thence leaving said line, South 25°56'02" West
a distance of 95.68 feet to the north boundary of the Mid-State Substation Facility; thence along
said north boundary, North 89°59'30" West a distance of 66.71 feet; thence leaving said
boundary, North 25°56'02" East a distance of 177.03 feet; thence North 00°40'45" East a
distance of 1258.01 feet to the north boundary of said S 112 NE1I4 NW1/4; thence along said
north boundary, South 89°07'44" East a distance of 32.00 feet to the point of beginning, the
terminus of this description.
Easement No.2: Commencing at a 5/8" iron rod with yellow plastic cap marked "HW A" at the
southwest comer of the East One-Half of the Southwest One-Quarter of the Northwest One
Quarter (E1I2 SW1I4 NW1I4) of said Section; thence along the west boundary of said E1I2
SWII4 NW1/4, North 00°15'59" East a distance of 60.00 feet to the northerly right-of-way line
Sixth Street and the True Point of Beginning of this description; thence continuing along said
west boundary, North 00°15'59" East a distance of 30.00 feet; thence leaving said boundary,
South 89°59'24" East a distance of 1603.14 feet to the west boundary of the Mid-State Substation
Facility; thence along said west boundary, South 00°40'45" West a distance of24.33 feet to said
northerly right-of-way line; thence along said northerly right-of-way line the following one (1)
curve and two (2) courses:
111.39 feet along a non-tangent curve to the right with a radius of 1170.00 feet, the chord of
which bears South 87°12'42" West a distance of 111.35 feet;
South 89°56'20" West a distance of 187.66 feet;
North 89°59'24" West a distance of 1304.12 feet to the True Point of Beginning, the terminus
of this description.
Easement No.3: Beginning at a 2" brass cap at the Center One-Quarter comer of said Section
15; thence along the North-South center Section line, South 00°38'24" West a distance of 30.00
feet; thence leaving said line, North 89°59'24" West a distance of 87.33 feet to the southerly
right-of-way line of Stanley Pierce Road; thence along said right-of-way line,
North 60°00'00" East a distance of 101.51 feet to said North-South center Section line; thence
along said North-South center Section line, South 00°40'45" West a distance of 20.77 feet to the
point of beginning, the terminus of this description.
Easement No.4: Commencing at a 5/8" iron rod with yellow plastic cap marked "HW A" at the
southwest comer of the East One-Half of the Southwest One-Quarter of the Northwest One
Quarter (BII2 SWII4 NW1I4) of said Section; thence along the west boundary of said EII2
SWII4 NW1I4, North 00°15'59" East a distance of 60.00 feet to the northerly right-of-way line
S:ILand Projecl$l13030 1·LaPine\docs\l30JO I-Easements.docx
Sixth Street; thence continuing along said west boundary, North 00°15'59" East a distance of
30.00 feet; thence leaving said boundary along the north boundary of Easement No.2,
South 89°59'24" East a distance of 1603.14 feet to the west boundary of the Mid-State Substation
Facility and the True Point of Beginning of this description; thence along the north boundary of
said Easement No.2, North 89°59'24" West a distance of 50.00 feet; thence
North 00°40'45" East a distance of 517.64 feet; thence South 89°59'30" East a distance of 296.19
feet to the west boundary of Easement No.1; thence along said west boundary,
South 25°56'02" West a distance of 55.59 feet to the boundary of said Mid-State Substation
Facility; thence along said boundary the following two (2) courses:
North 89°59'30" West a distance of 222.47 feet;
South 00°40'45" West a distance of 467.64 feet to the True Point of Beginning, the terminus of
this description.
Easement No.5: Beginning at a point on the southerly right-of-way line of Stanley Pierce Road
which bears South 78°20'53" West a distance of 148.42 feet from a 2" brass cap at the Center
One-Quarter comer of said Section 15; thence South 00°57'54" East a distance of 52.24 feet;
thence South 89°02'06" West a distance of 10.00 feet; thence North 00°57'54" West a distance of
52.41 feet to said right-of-way line; thence along said right-of-way line, South 89°59'24" East a
distance of 10.00 feet to the point of beginning, the terminus of this description.
Easement No.6: Beginning at a point on the southerly right-of-way line of Stanley Pierce Road
which bears South 84°27'30" West a distance of 310.10 feet from a 2" brass cap at the Center
One-Quarter comer of said Section 15; thence South 00°55'26" West a distance of 57.47 feet;
thence North 89°04'34" West a distance of 10.00 feet; thence North 00°55'26" East a distance of
57.31 feet to said right-of-way line; thence along said right-of-way line, South 89°59'24" East a
distance of 10.00 feet to the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common and
apparent on the land.
Bearings are based on survey recorded May 1, 2014 in the office of the Deschutes County
Surveyor as CS18689.
See attached map titled "EXHIBIT B", hereby incorporated by reference.
REGISTERED
PROFESSIONAL
o SURVEYOR
o GON
I JlI..Y 1t, 1994
L~AVI~R::JLlIAMS
RENEWAL DATE: 06130/14
S:\Land Projects\13030 I-LaPine\docs\l3030 I-EasemenIS.OOcx
EXHIBIT B
~-POINTOF
NORTH
RIGHT-OF-WAY
UNE OF
SIXTH STR£ET
TRUE POINT OF
8EQNNING,
EASEMENT NO. <4
SEE £ASEMENT
NO. <4 DETAIL
(SHEET 2)
-•• i \ 8EGINNING.589'V7'<4<4'£~ EASEMENT
32.00' I . NO. 1
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j<J I ' ~"" .b" ~ g1/ ~ ~ I,
I .
Ii~ :I k~ \.1'$~'''-.... 1 . l
r:r. -:'-J/l ~lI / ' tl·~
66.71' • ~ I N89'59'30"W I C?
I. s1~ft.*·
I ,~~O';S~i'i .
S"ftoi
SOO'<40'<4S"W
SB9~'2£.£~0~<4':'" ______i' /24.33' SOO'<40'<4S"W
N89'59'2"'"W 1::JQ4.12' SIXTH STR££T _. __ 20.77' _ POINT OF
==~~=-~-======;~=4~-=======~=-~-===t===~~~~~~~ 8£QMWN~
/
s0038'2"'"W EASDIENT
COMMENCING
POINT,
EAS£1ttEN7S
NO.2 AND
NO. <4
TRUE POINT
Of'
8£QNNlNG,
EAS£M£NT
NO.2
SOUTH
RIGHT-OF-WAY
UN£ OF
STANLEY PI£RCE
ROAD
I
187.66" ~ 30.00" NO. J
589-s6':20·W./ •
././ 87.3J', .rfJ'f-
SEE EASEMENT/. N89"59'2"'"W / fjoo(JO ,i
NO. 6 DeTAIL ~ ,0"
(SHEET 2) R-tt70.00'
SEE EAS£1ttENT L-111.39'
NO. 5 DETAIL 58n2'<42"W
(SHEET 2) 111.'"
~~Ji·
~~~~O~RE~GOO~~~--~ JULY 19, 1994
DAVID R. WILLIAMS
2666
RENEWAL DATE: 06130/14
NORTH
HW'A ....""........... SECTION 15. T22S, R10E, W.M" DESCHUTES COUNTY, OREGON SHEET
" &P1A••aa
HICKMAN, WILUAM,S .. AUOCIA'RS.INC 130J01-£AS£M£NT.DWG 1/2
.JfJ091l1fll'l1fCaD,Wl'fftoD
tMO.QItG.OJitmll
PItQll" MU'UNl fU IlU......." SCALE: 1"=400' DRAWN BY: JAM DATE: 5 15 14
___
EXHIBIT B
S89"59'JO"E 1 /,
._ 296.19', _. I I.
•.{--S25"56'02"W - -~ I .
I 1 .~_::';)=[:;Y I
1 I N89'59'JO-W I I
50'~ Ss.
;.1 ·I ~ 1 ;. I . ;1 ~I
~ I .:c. <:>81 ~. · I ~I if I . · .N89"59'24"W I
50.00' 1 : TRUE POINT OF
·I
'": BEGINNING. (~\.! / EASEMENT NO. 4
'-___ ~~V . ~:
CASElJENT NO. 4
OCTAIL. 1"-20()'
SOUTH
m~~OF-~YU~____~
OF
STANLEY PIERCE
ROAD
I-
589"59'24"E
10.00'
SOUTH
m~T-OF-WAY UNE __
OF
STANLEY PIERCE rAD
LJ
10.00'
N89V4'J4"W
CASElJENT NO. 6
DETAIL. '-.50'
~ I 1 '" ~~ I I;.~
;... ... 1 I ~"\Cl~ ~\Cl ~ I I ~
LJ
10.00'
589V2'06"W
POINT OF BEGINNING.
CASEMENT NO.5,
BEARS
S78'20'5J"W 148..42'
FROM CI/4 CORNER
CASElJENT NO. 5
DETAIL. 1--50'
SECTION 15. T22S, R10E, W.M., DESCHUTES COUNTY, OREGON SHEET
HICU\AN. WILUAMI .. AUoctAltS. tNC 1JOJ01-EASEM£NT.DWG 2/2
U"'O.I-""tDAD. MIl ,.,
_.~'JJlDI
'lielolU IotU".qJl MX: ""'....... SCALE: AS SHOWN DRA WN BY: JAM