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Home My WebLink About2014-472 Bargain and Sale DeedDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.dcschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of August 27, 2014 Please see directions for completing this document on the next page. DATE: August 21, 2014 FROM: James Lewis Property& Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2014-472, a Bargain and Sale Deed for approximately 0.82 acres to the Oregon Department of Transportation for right of way at Wickiup Junction. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: As part of the future interchange improvements planned for the intersection of Burgess Road and Highway 97 in La Pine (commonly known as Wickiup Junction), ODOT is seeking a crescent shaped parcel of land, 0.82 acres in area, at the southwest corner of the aforementioned intersection (the subject property is at the extreme northeast corner of the County owned parcel - see Exhibits A and B). The property, which will be additional right of way, is necessary to construct the transportation improvements for the interchange as approved by ODOT. After the sale of the property, the remaining County parcel will be 324.92 acres, and will be available for development according to the approved neighborhood master plan for the property and the applicable City of La Pine zoning/development regulations. In exchange for the land, Deschutes County will receive $15,500. The price is based on an appraisal report performed by a licensed appraiser contracted by ODOT, and subsequent negotiations with County Staff. Based on the appraisal report, and the current land use regulations, development plans and capabilities/limitations for the property, Staff believes that the price is an appropriate value. FISCAL IMPLICATIONS: No on-going implications. Deschutes County will receive a lump sum of $15,500 for the property. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2014-472 ATTENDANCE: James Lewis, Property Manager DISTRIBUTION OF DOCUMENTS: Original to James Lewis. Exhibit "A" NEI/4 AND NW1/4 SEC. 1, T. 22S, R. IOE, W.M. SEC. 36 ._ T.:2.2 S. SEC. �= 46, 1 TL 700 HAI -CFI 2 ACTIVE DRAWING, 7rrs Q ia? Seo4s r>� marosro an mart 70 tr .02SEO 70 AIP°OZr 71e Pfil tL7 testa ssaacT TO DNAINO / VAC. ORD. 98-028 PARCEL Deschutes County, A Municipality of the State of Oregon 2001-3483 100 + AC. ±, Rem. 1 , sl ,' / 4ec�ss qy ,�r �,1 t,'/ / F40 ��! /, // �/ eo S, ✓y I/ ' 1 / 'YT '1', / / /' // / Y � i/� 11/ / //// ./, // / / , 1 / / / / / r , /10 / / / 1 / / / / / /eo S /' /' .0 /4 ; / , / /' 1 / / / / / 4'4,4 "YJn_ SCALE 1" r 100' 100 50 0 FEET 100 1 OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY � NGINEE RING SKETCH IIAP Section US 97 Wi(;kiup Junction Development Highway The Dalles—California Highway County Deschutes County Scale 1" = 100' Purpose Acquisition Exhibit Date August. 2012 File 7612 00? See Drawing 11H-6-23 .. . Cr) .4. ,.. FILE 7612 002 MAP 11 B-6-23 RE-1ttE11 W- I -Fp t- PPN i19 - i BARGAIN AND SALE DEED DESCHUTES COUNTY, a political subdivision of the State of Oregon, which acquired title as DESCHUTES COUNTY, a Municipality of the State of Oregon, Grantor, for the true and actual consideration of $15,500 does convey unto the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION Grantee, fee title to the property described on Exhibit "A" dated 8/14/2012, attached hereto and by this reference made a part hereof. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all reduction in value to Grantor's remaining property, if any, which may result from the acquisition or use of said property or property rights. However, the consideration does not include damages resulting from any use or activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence. In construing this document, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this document shall apply equally to corporations and to individuals. RETURN TO AND TAX STATEMENT TO: OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION 4040 FAIRVIEW INDUSTRIAL DRIVE SE, MS#2 SALEM OR 97302-1142 8/8/2014 Page 1 of 3 - wd mo Map and Tax Lot #: 22 10 00 00109 Property Address: 16725 Burgess Road La Pine, OR 97739 OC 2Oi4u.472 4 FILE 7612 002 MAP 11 B-6-23 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The statement above is required by law to be included in this instrument. PLEASE NOTE: the property described in this instrument is not a "lot" or "parcel" as defined in ORS 92.010 or 215.010. Nevertheless, the property is a legally created unit of land as described in ORS 92.010 (9) (d) or (e). It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. Dated this day of ,20 REVIEWED loAr\ LEGAL COUNSEL DATED this day of BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary 8/8/2014 Page 2 of 3 - wd mo TAMMY BANEY, Chair ANTHONY DEBONE, Vice -Chair ALAN UNGER, Commissioner FILE 7612 002 MAP 11 B-6-23 STATE OF OREGON ) ss. County of Deschutes ) 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 Notary Public for Oregon My Commission Expires: ACCEPTED ON BEHALF of the Oregon Department of Transportation 8/8/2014 Page 3 of 3 - wd mo EXHIBIT A - Page 1 of 1 Fee REGISTERED PROFESSIONAL LAND SURVEYOR OREGON NOV. 10. 2010 TIMOTHY JOHN HUTCHISON 72563 RENEWS: ‘1'7a�! 3 File 7612002 Drawing 11 B-6-23 8/14/2012 A parcel of land lying in the NE% and NW% of Section 1, Township 22 South, Range 10 East, W.M., Deschutes County, Oregon and being a portion of that property described in that Land Patent with reservations and rights, recorded January 24, 2001 in Volume 2001, Page 3483, Deschutes County Records; the said parcel being that portion of said property included in a strip of land, variable in width, lying on the Northwesterly side of the center line of the relocated US97: The Dalles-Califomia Highway, which center line is described as follows: Beginning at Engineer's center line Station '97 (1956)' 525+00.00 P.O.T., said station being 2105.77 feet North and 1907.91 feet West of the Southeast Corner of Section 36, Township 21 South, Range 10 East, W.M.; thence South 11° 02' 51" West 1,004.10 feet; thence on a 5729.58 foot radius curve right (the long chord of which bears South 21° 15' 14" West 2030.47 feet) 2041.25 feet; thence South 310 27' 36" West to Engineer's Station '97 (1956)' 574+35.85 P.O.T., on said center line. Bearings are grid, based upon the Oregon Coordinate System, South Zone [NAD83, (CORS 96), (Epoch: 2002)], as surveyed by GPS observations, utilizing Oregon Reference GPS Network points Bend and La Pine. The width in feet of said strip of land is as follows: Station to Station 550+00.00 550+19.00 550+19.00 550+47.00 550+47.00 550+96.00 550+96.00 551+57.00 551+57.00 555+19.00 Width on Easterly Side of Center Line 472.00 in a straight line to 470.00 470.00 in a straight line to 281.00 281.00 in a straight line to 189.00 189.00 in a straight line to 127.00 127.00 in a straight line to 15.00 EXCEPT therefrom that portion of said property lying within the right of way of Burgess Road as described in that Land Patent to Deschutes County, recorded January 24, 2001 in Volume 2001, Page 3483, Deschutes County Records. ALSO EXCEPT therefrom that portion of said property lying within the right of way of The Dalles-California Highway as described in said Land Patent to Deschutes County. This parcel of land contains 0.82 acres, more or less.