HomeMy WebLinkAboutDoc 576 - Easement to Bend - JamisonDeschutes 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 29, 2014
Please see directions for completing this document on the next page.
DATE: October 23,2014
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-576, the grant of Easements to the City of Bend.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
As part of the land use review process for the Deschutes County Jail expansion, public sidewalk access
along the Jamison Street road frontage was required. The site design proposed a new dual function
sidewalk that provided for both the public and internal access needs through the corresponding parking
lot for the jail (roughly parallel to Jamison Street). However, because the sidewalk is located on
County owned property and is not within the public right of way, the City required that a public access
easement be dedicated.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County will grant the easement to the City of Bend, for no
consideration to meet the land use condition of approval.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-576
ATTENDANCE: James Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
REVi ED
CDUN<:EL
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CITY OF BEND PUBLIC ACCESS EASEMENT
Deschutes County, Grantor, conveys and warrants to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following public access and sidewalk easement over
the property described in Exhibit" A".
This easement is granted on the following terms and conditions:
1. The easement shall be a permanent, perpetual and exclusive right to maintain and to
allow public travel and access on the surface of the easement. City shall have the right to
immediate possession of the property described in this easement.
2. All improvements including landscaping, fencing, driveways, and any other form
or type of improvement within the easement areas are subject to disruption and/or
removal with no cost to be incurred by the City of Bend for removal, repair and
replacement of said improvements, landscaping and construction.
3. Grantor shall not erect any structures on the easement, but may use the surface of
the easement provided such use does not interfere with City's operation and maintenance
of its sidewalk or public travel and access.
4. There is no consideration for this easement.
5. Grantor warrants and represents that the property subject to this easement is free
and clear of all liens and free and clear of all encumbrances that would interfere with
Grantee's exclusive use of the easement and that the Grantor has the right to grant this
utility easement.
Return \0 City of Bend PZ 13-0440 IBP 13-2730 drug
710 NWWall St Deschutes County Jail
Bend, OR 97701 63333 S Hwy 20 Bend OR 97701
Page I of4
20 4~57o
DATED this _ day 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
CITY
Accepted by: _______________
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on ___________
by _________________
NOTARY PUBLIC FOR OREGON
Return to City of Bend PZ 13-0440 lBP 13-2730 dhig
710 NWWallSt Deschutes County Jail
Bend, OR 97701 63333 S Hwy 20 Bend OR 97701
Page 2 of4
EXHIBIT A
A portion of Parcell, Partition Plat 2011-1, further located in the Southeast One-Quarter (SE 114)
of Section 17, Township 17 South, Range 12 East, Willamette Meridian, City of Bend,
Deschutes County, Oregon, being more particularly described as follows:
Beginning at the southeast comer of said Parcel 1 at the intersection of the northerly right of way
line Poe Sholes Drive and the westerly right of way of Jamison Street; thence North 18°32'42"
West along said westerly right of way line a distance of 208.20 feet; thence leaving said right of
way line, 17.58 feet along the arc of a non-tangent curve to the left with a radius of 14.00 feet,
the chord of which bears North 89°16'51" West a distance of 16.44 feet; thence South 54°45'20"
West a distance of 28.78 feet; thence 3.05 feet along the arc of a curve to the right with a radius
of 5.00 feet, the chord of which bears South 72°13'34" West a distance of 3.00 feet; thence South
89°41 '48" West a distance of 1 0.49 feet; thence North 00°54'48" West a distance of 26.76 feet;
thence North 18°06'59" West a distance of 179.68 feet; thence NOlth 00° 15'06" West a distance
of 2.25 feet; thence North 71 °12'52" East a distance of 45.89 feet to said westerly right of way
line ; thence along said right of way line, North 18°32'42" West a distance of 19.57 feet; thence
leaving said right of way line, 8.89 feet along the arc of a non-tangent curve to the left with a
radius of 43.95 feet, the chord of which bears North 48°51'19" West a distance of 8.87 feet;
thence South 35°21 '00" West a distance of 5.00 feet; thence 20.88 feet along the arc of a non
tangent curve to the right with a radius of 38 .95 feet, the chord of which bears South 39°17'33"
East a distance of20.63 feet; thence South 71 °12'52" West a distance of 48.30 feet; thence South
00° 15'06" East a distance of 6.64 feet; thence South 18°06'59" East a distance of 179.71 feet;
thence South 00°54'48" East a distance of 30.95 feet; thence North 89°41 '48" East a distance of
15.43 feet; thence 6.10 feet along the arc of a curve to the left with a radius of 10.00 feet, the
chord of which bears North 72°13'34" East a distance of 6.00 feet; thence North 54°45'20" East a
distance of28 .78 feet; thence 16.76 feet along the arc ofa curve to the right with a radius of9.00
feet, the chord of which bears South 71 °53'41" East a distance of 14.44 feet; thence South
18°32'42" East a distance of 189.59 feet; thence 9.54 feet along the arc of a curve to the right
with a radius of 12.00 feet, the chord of which bears South 04°14'18" West a distance of 9.29
feet; thence South 89°53'00" East a distance of 6.44 feet to the point of beginning, the terminus
of this description.
See attached map entitled "Exhibit B" hereunto incorporated by reference.
Bearings are based on said Partition Plat 2011-1.
• ·GISTERED
PROFESSION
lAND SU 'E q
S:\Land ProjeclS\ 130209 Des Co Jail Addition\dwg\130903-Legal Descriptions\doc s\Access Easement (Sidewalk)-Exhibit Adoc
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SEE DETAIL
LEFT
POINT OF
BEGINNING
EXHIBIT B
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 17,
TOWNSHIP 17 SOUTH, RANGE 12 EAST, W.M.,
CITY OF BEND, DESCHUTES COUNTY, OREGON
{S3S'21'OO"W
(')
'1l'
S.OO'
S71i2'S2"W~ ~o·48.30'
SOOlS'06"E \
6 64' ~-----,
. --.::... ~N71'12'S2"E
\\ 4S.89'
\
NOOlS'06"W
\\ 2.2S'
~\\~
~-\~ ~ ~ ~\t-.l <0
POE SHOLES DRIVE ~;-\\~-~-'-'I-'I'I"I----------l r I \
CURVE TABLE
CURVE
O'~\
RADIUSLENGTH CHORD
C1 N89i6'S1"W 16.44'17.S8' 14.00'NOO.54~4:'W \ \ S5';~i;~q·W Cl
C2 S.OO' S72i3'34"W 3.00'3. OS'26.76'~ VC2 C3 N48'S1'19"W 8.87'8.89' 43.9S'
C4 S39'17'33"E 20.63'38.9S'20.88'SOO'S4'48"E--C-~1~ CS 10. 00' N72i3'34"E 6.00'6.10'
C6 9.00' S71'S3'41"E 14.44' 16.76'30.9S' If ~ c~ ~
C7 9.S4' 12.00' S04i4'18"W 9.29'
S89'41'48 U W CS
10.49' NS4'4S'20"E
/ 28.78'
N89'41'48"E
1S.43'
DETAIL
SCALE: 1"=60' POE SHOLES DRIVE
6.44'
589 'S3'OO "E/ (.21;; ~
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,tlDJll: S41~'.nsl ,AX. $41 .)1.1.$114
SCALE: 1"=300' DRAWN BY: JAM DATE:
1/1