HomeMy WebLinkAboutDoc 415 - Temporary Easement - Skyliners RdDeschutes 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 August 6, 2014
DATE: July 22,2014
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2014-415, an Acceptance Deed for a Temporary
Construction Easement on Sky liners Road from Chelsea Trees, Inc.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct
Sky liners Road. The reconstruction of Skyliners Road will involve widening the existing road out to a
width of 34 feet to include six foot bike lanes the entire length of the project. As a result of this
widening, the grade on several private residence driveways will be affected to the point that the
contractor will be required to enter onto private property in order to reconstruct the driveway to an
acceptable grade. FHWA requires a construction easement from the individual property owners
allowing the contractor onto their private property to accomplish the work. These easements will be in
effect until the completion of the road project at which point they will no longer be in effect. On
August 22,2012, the Board of County Commissioners signed Resolution No. 2012-104, approving the
acquisition of these temporary construction easements for the Sky liners Road Project.
FISCAL IMPLICATIONS:
The amount $200.43 required for this Temporary Construction Easement is budgeted in FY 2014-2015.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Document No. 2014-415, accepting the Temporary Construction
Easement from Chelsea Trees, Inc.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department after recording
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: puly 22, 2014! Department: [Road!
Contractor/Supplier/Consultant Name: IChelsea Trees, InC!
Contractor Contact: trom Cattell! Contractor Phone #: 1325-280j
[096Q
Type of Document: Acceptance Deed for a Temporary Construction Easement on
Skyliners Road from Chelsea Trees, Inc.
Goods and/or Services: Temporary Construction Easement
Background & History: Deschutes County is working with the Federal Highway
Administration (FHWA) to reconstruct Skyliners Road. The reconstruction of Skyliners
Road will involve widening the existing road out to a width of 34 feet to include six foot
bike lanes the entire length of the project. As a result of this widening, the grade on
several private residence driveways will be affected to the point that the contractor will
be required to enter onto private property in order to reconstruct the driveway to an
acceptable grade. FHWA requires a construction easement from the individual property
owners allowing the contractor onto their private property to accomplish the work.
These easements will be in effect until the completion of the road project at which point
they will no longer be in effect. On August 22, 2012, the Board of County
Commissioners signed Resolution No. 2012-104, approving the acquisition of these
temporary construction easements for the Skyliners Road Project.
Agreement Starting Date: [Upon Signatur~ Ending Date: !End o~
[Projecij
Annual Value or Total Payment: [$200.43!
D Insurance Certificate Recei,ed (CieCk box)
Insurance Expiration Date:
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)
Funding Source: {Included in current budget? [2J Yes D No
If No, has budget amendment been submitted? DYes D No
7/22/2014
---------------------
Is this a Grant Agreement providing revenue to the County? DYes I:8J 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: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: George Kolb, County Engineer
Phone #: 541-322-7113
Department Director Approval: ~~
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 BOCC I Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date1021vYL-----:t(-n /fY
Document Number
7/22/2014
REVIEWED
~vYV
I-l=AlU. P.A~IIIQn I
After recording return to :
Deschutes County Road Dept.
61150 S.E. 27th Street
Bend, Oregon 97701
TEMPORARY CONSTRUCTION EASEMENT
Chelsea Trees Inc, Grantor, does hereby grant to Deschutes County, Oregon, Grantee, its
successors and assigns, a Temporary Construction Easement for construction purposes,
over and across the Grantor's property as described in Exhibit "A", attached hereto and by
this reference incorporated herein.
The true consideration for this conveyance is $200.43 and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged.
The Grantee's use of the easement shall include the right for the Grantee, its employees,
agents, assigns , contractors and employees of contractors, to enter and use the easement
area for construction work in connection with the Skyliners Road Reconstruction project.
The term and duration of this temporary construction easement shall be from Apil 1, 2013 to
the completion of the Skyliners Road Reconstruction project.
This document is intended to grant easements on the property described, not to convey fee
title or any interest in the underlying property except as expressly stated herein. The
easements granted shall not prevent Grantors from the use of said property provided,
however, that such use shall not be permitted to interfere with the rights herein granted .
Grantor shall not be permitted to endanger the lateral support of any facilities constructed
within or adjacent to the easements granted herein.
Grantor agrees that the consideration recited herein is just compensation for the property or
property rights conveyed, including any and all damages to Grantor's remaining property, if
any, which may result from the acquisition or use of said property and the construction or
improvement in the public way.
Grantor(s) hereby covenant(s) to and with Grantee that itltheyis/are the owner of said
property, which is free from all encumbrances, except for easements, conditions and
restrictions of record, and will warrant and defend the easement rights herein granted from all
lawfull claims whatsoever, except as stated herein .
PAGE 1 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE
IN WITNESS WHEREOF, this document is executed this ~;J day of
J "'!' ,2014.
Chelsea Trees Inc.
I~-
By: _
Tom Cattell, President
STATE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Tom Cattell as President of Chelsea
Trees and acknowledged the foregoing instrument to be their voluntary act.
Dated this '2-2 day of .JULY ,2014.
NOT~RE~ON
My Commission Expires: 2.k ~IJ I ~
<J
PAGE 2 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE
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ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the
foregoing Temporary Construction Easement.
DATED this __day ___________,2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ATTEST:
ANTHONY DEBONE, VICE CHAIR
Recording Secretary
ALAN UNGER, COMMISSIONER
STATE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Anthony DeBone, Alan Unger and Tammy
Baney, the above-named Board of County Commissioners of Deschutes County, Oregon,
acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Dated this day of ,2014.
NOTARY PUBLIC FOR OREGON
My Commission Expires: ________
PAGE 3 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE
181000 00 00303
(T185.R10E, SEC. 2)
CHELSEA TREES INC
I I PO BOX 11
BEND OR 97709o 60 120 Site Address: 16661 SKYUNERS RD
SCALE 1n = 60' BEND 97701
Vol-Page: 1988-1650392
CONSTRUCTION
EASEMENT
AREA =
3,444 sq.ft.STA: 1187+75.38 0.08 acresOFFSET: 96.55 LT.
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(PREVIOU -
CONSTRUCTION EASEMENT
PARCEL 2
VOL 2012 PG. 51239)
STA: 1188+06.84
OFFSET: 84.84 LT.
STA: 1188+23.74
OFFSET: 65.55 LT.
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(PREVIOUS a..la..
CONSTRUCTION EASEMENT I
PARCEL 3
VOL 2012 PG. 51239~ :
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SI('YLIN~R ;
OR
.1JLY 26, 1989
MICHAEL J. BERRY
2390
RENEWAL DATE: 12-31-15
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EXHIBIT An SKETCH -SKYLINERS RD. CONSTRUCTION EASEMENT
EXHIBIT A
Tax lot 18-10-00303
A tract of land lying in the SW y.. SE y.. of Section 2, Township 18 South, Range 10 East, W.M.,
Deschutes County. Oregon and being a portion of that land conveyed to Chelsea Trees, Inc. in that Deed
recorded June 10, 1988 in Volume 165, Page 392 of Deschutes County Official Records, and being more
particularly described as that portion of said Chelsea Tree, Inc. property included in a strip of land,
variable in width, lying on the northerly (left) side of the center line of the Skyliners Road Legalization
Alignment as described in Exhibit B of Deschutes County Commissioner's Order 2012-021 and depicted
on the Legalization Survey filed in the County Surveyor's Office as survey CS18386, which centerline is
described as follows:
Commencing at the 2-1/2" aluminum cap monumenting the corner common to Sections 2,3, 10 and
11 of Township 18 South. Range 10 East, W.M.; thence S62°30'19'W a distance of 4378.16 feet to
Engineer's Station 1101+45.88PC; thence 54.12 feet along the arc of a 525.00 foot radius curve to
the left, the long chord of which bears S44"08'56"E a distance of 54.10 feet to Engineers Station
1102+00.00P.O.C., the Point of Beginning of the 2012 Skyliners Road legalization centerline
alignment; thence continuing along said curve 458.03 feet along the arc of a 525.00 foot radius curve
to the left, the long chord of which bears S72°05'44"E a distance of 443.64 feet; thence N82°54'39"E
a distance of 191.41 feet; thence 189.02 feet along the arc of a 1650.00 foot radius curve to the left,
the long chord of which bears N79°37'45"E a distance of 188.92 feet; thence N76°20'50"E a distance
of 82.66 feet; thence 426.09 feet along the arc of a 1400.00 foot radius curve to the left, the long
chord of which bears N67"37'42"E a distance of 424.45 feet; thence N58°54'34"E a distance of
655.62 feet; thence N58°24'23"E a distance of 655.63 feet; thence N58°23'23"E a distance of 330.96
feet; thence N58°49'23"E a distance of 721.66 feet; thence N58°07'23"E a distance of 291.14 feet;
thence N56°12'08"E a distance of 383.87 feet; thence N54°03'59"E a distance of 1557.69 feet;
thence 288.11 feet along the arc of a 2600.00 foot radius curve to the right, the long chord of which
bears N57"14'27"E a distance of 287.96 feet to a paint of compound curvature; thence 350.00 feet
along the arc of a 1800.00 foot radius curve to the right, the long chord of which bears N65°59'09"E a
distance of 349.44 feet; thence N71°33'22"E a distance of 88.76 feet; thence 302.73 feet along the
arc of a 1541.08 foot radius curve to the right, the long chord of which bears N77°11'01"E a distance
of 302.24 feet; thence N82°48'41"E a distance of 55.01 feet; thence 333.02 feet along the arc of a
1832.75 foot radius curve to the right, the long chord of which bears N88°01'OO"E a distance of
332.55 feet; thence S 86°46'41"E a distance of 100.54 feet; thence 250.00 feet along the arc of a
1500.00 foot radius curve to the right, the long chord of which bears S82°00'12"E a distance of
249.71 feet to a point of compound curvature; thence 300.00 feet along the arc of a 2100.00 foot
radius curve to the right, the long chord of which bears S73°08'10"E a distance of 299.74 feet; thence
S69°02'37"E a distance of 504.61 feet; thence 1062.37 feet along the arc of a 1950.00 foot radius
curve to the left, the long chord of which bears S84°39'04"E a distance of 1 049.28 feet; thence
N79°44'29"E a distance of 565.76 feet to centerline station 1203+44.68 at the west line of Section 2
of Township 18 South, Range 10 East. W.M., thence leaving said centerline and along said section
line SOoo08'53"W 732.62 feet to the 2-1/2" brass cap monumenting the corner common to Sections 1,
2,11 and 12 of Township 18 South, Range 10 East, W.M. Bearings are grid bearings based on the
Deschutes County Surveyor's Office Central Oregon Coordinate System.
The widths in feet of the strip of land above referred to is as follows:
Station to Station Width in feet on Northerly (left) Side of Center Line
1102+00.00 1187+71.92 30 parallel with centerline
1187+71.92 1187+64.04 30 in a straightline t041.48
1187+64.04 1187+50.29 41.48 in a straight line to 48.14
1187+50.29 1187+75.38 48.14 in a straight line to 96.55
1187+ 75.38 1188+06.84 96.55 in a straight line to 84.84
1188+06.84 1188+23.74 84.84 in a straight line to 65.55 (continued on next page)
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EXHIBIT A
Tax lot 18-10-00 303
(continued from previous page)
Station to Station Width in teet on Northerly (left) Side of Center Line
1188+23.74 1188+26.84 65.55 in a straight line to 30.00
1188+26.84 1203+44.68 30 parallel with centerline
Containing 3444 square feet (0.08 acres) more or less lying outside of the legalized right-ot-way of
Skyliners Road.
This tract is depicted on the attached map titled "Exhibit "Aft Sketch" which is incorporated herein by this
reference.
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