HomeMy WebLinkAboutDoc 617 - Easement - 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 December 3, 2014
Please see directions for completing this document on the next page.
DATE: November 18, 2014
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-617, the grant of an Easement to Midstate Electric
Cooperative, Inc.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In early November, Deschutes County received a request from Midstate Electric Cooperative Inc. to
grant a 10 foot wide easement along the entire southern boundary of property (a corner residential lot)
located at 1701 0 Fontana Road, La Pine. The easement is for the installation, modification and
maintenance of electrical facilities. More specifically, Midstate is proposing to construct/extend an
electric service line within the Fontana Rd. right of way from an existing service line east of the County
property, to the adjoining property west of the County property (see attached map). The easement will
allow for tree trimming, guy wires, etc., to be placed within the easement. Additionally, pursuant to
County zoning regulations, the easement area is within the building setback in which no
structures/construction is permitted.
Electric service is currently not directly available to the County property (nor the adjoining property).
The proposed extension is coming at the request and expense of the adjacent property owner to the west
in order to facilitate residential development on that lot. By virtue of this extension, electric service will
be available to the County property at no monetary cost to the County.
FISCAL IMPLICATIONS:
No direct implications. However, the availability of electric power service directly to the lot can add to
the overall property value. Deschutes County will grant the easement to Midstate Electric Cooperative,
Inc. for no consideration.
RECOMMENDATION & ACTION REOUESTED:
Staff recommends signature of Document 2014-617
ATTENDANCE: J ames Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
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: 111/18/201~ Department: IProperty & Facilitieij
Contractor/Supplier/Consultant Name: IN/AI
Contractor Contact: ~ Contractor Phone #: IN/AI
Type of Documents: Easement to Midstate Electric Cooperative
Goods and/or Services: N/A
Background & History: In early November, Deschutes County received a request
from Midstate Electric Cooperative Inc. to grant a 10 foot wide easement along the
entire southern boundary of property (a corner residential lot) located at 17010 Fontana
Road, La Pine. The easement is for the installation, modification and maintenance of
electrical facilities. More specifically, Midstate is proposing to construct/extend an
electric service line within the Fontana Rd. right of way from an existing service line east
of the County property, to the adjoining property west of the County property (see
attached map). The easement will allow for tree trimming, guy wires, etc., to be placed
within the easement. Additionally, pursuant to County zoning regulations, the easement
area is within the building setback in which no structures/construction is permitted.
Electric service is currently not directly available to the County property (nor the
adjoining property). The proposed extension is coming at the request and expense of
the adjacent property owner to the west in order to facilitate residential development on
that lot. By virtue of this extension, electric service will be available to the County
property at no monetary cost to the County.
Agreement Starting Date: IUpon signatur~ Ending Date: IN/AI
Annual Value or Total Payment: 1$0.oq
N/A
D Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
N/A
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)
N/A
11118/2014
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes [gI 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: James Lewis Phone #: 541-385-1414
Department Director Approval: ----IA'--........-~-------
Signature Date
Distribution of Document: Original to James Lewis for return to Midstate Electric
and recording with the County Clerk.
Official Review:
County Signature Required (check one): x SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Numbers 2014·617
11118/2014
Mid ..State Electric Easement .. 17010 Fontana Rd,
10 1
' Power Line Mainte nance Easement
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-County Owned Property
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Deschutes County the record
owner(s) ofthe real property located in Deschutes County, State of Oregon. more particularly described as:
Portion: SE 1/4
Section: 12. Township: 20 South, Range: 10 East, Willamette Meridian
Subdivision: Deschutes River Recreation Homesites INC. UNIT 4-Lot 13 Block 26
Tax Lot: 4400
Tax Map: 2010-12C
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
A 1 O-foot wide easement to install, modify and maintain electrical facilities
more particularly described as follows:
The South 10 feet of LOT 13. BLOCK 26. of Deschutes River Recreation
Homesites INC, UNIT 4. containing 0.03 acres, more or less;
EASEMENT
BETWEEN
Deschutes County
Property & Facilities Dept
PO Box 6005
Bend. OR 97708-6005
AND
Midstate Electric Cooperative, Inc.
P.O. Box 127
La Pine, Oregon 97739
After recording return to:
STATE OF OREGON.
County of _____---I) ss.
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/instrumentl
microfilm/reception No. ,
Record of of said county.
Witness my hand and seal of
County affixed.
Name TItle
By ______, Deputy
O\Engineering\Systelll\EasemenUnfo\VVorkOrders\2014120144 107 _LOT13 DESCHUTES COUNTY doc
DC 2 0 11,. -~~; 1 "i'
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 LAWSAND 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 IEnginGecing\SysternIEcse'1;enUnfol'NorkOruers\2014\201441 07 _LOT13 DESCHUTES COU ~HY.clC)c
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
DOCUMENT NO. 2013-____