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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 ----I 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 --- 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;; ~ ~_________D_£_S_C_H_U_TE_S__C_O_U_N_T_Y_J_~_IL__A_D_DI_Ti_70_N________~SHEETHWA":7::::~'"" HICKMAN , WilliAMS &.. ASSOCIATES , INC 130903-EASEMENT.DWG U'~O."lIl[y IQAO, S\l1Y110G "/11O, oteGO" ?7101 ,tlDJll: S41~'.nsl ,AX. $41 .)1.1.$114 SCALE: 1"=300' DRAWN BY: JAM DATE: 1/1