HomeMy WebLinkAboutDoc 032 - Revocable License - Co Propertye
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a ~C)Deschutes 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 January 25, 2012
Please see directions for completing this document on the next page.
DATE: January 17,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2012-032, a Revocable License to KTMD Properties,
LLC.
IPUBLIC HEARING ON THIS DATE? No IBACKGROUND AND POLICY IMPLICATIONS: !Deschutes County Department of Solid Waste has continuing responsibilities to monitor the closed
landfill on the south side of Simpson Avenue, west of Century Drive, Bend (the "Demo Landfill"). A
recent survey disclosed that an asphalt ramp on adjacent property encroaches a few feet onto County
land (see attached sketch and photographs). The previous owner installed the ramp without the
County's consent. The current owner, KTMD Properties, has agreed to re-design the ramp in the near
future so that it will be entirely on private property. In the meantime, legal counsel advised that we
grant KTMD a license which will limit the County's liability and acknowledge the owner's intent to
remove the ramp. IWe discovered the encroachment while negotiating with KTMD for an easement to install a monitoring
well on the property. KTMD granted the easement to Deschutes County and agreed to re-design the Iramp.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2012-032.
ATTENDANCE: Teresa Rozic.
DISTRIBUTION OF DOCUMENTS:
One original to Commissioner Journals, one original to Teresa Rozic for the Licensee.
1
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Demo Landfill
Concrete Bridge
339 Century Drive
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Ramp at rea r of 339 Demo Landfill in Century Dr .
Pink paint is background . property line .
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: 101/17/20121 Department: IProperty &Facilitiesl
Contractor/Supplier/Consultant Name: IKTMD Properties, LLCI
Contractor Contact: IDavid McGe~ Contractor Phone #: 1541-848-776§
Type of Document: Revocable License
Goods and/or Services: NIA
Background & History: Deschutes County Department of Solid Waste has
continuing responsibilities to monitor the closed landfill on the south side of Simpson
Avenue, west of Century Drive, Bend (the "Demo Landfill"). A recent survey disclosed
that an asphalt ramp on adjacent property encroaches a few feet onto County land. The
previous owner installed the ramp without the County's consent. The current owner,
KTMD Properties, has agreed to re-design the ramp in the near future so that it will be
entirely on private property. In the meantime, legal counsel advised that we grant
KTMD a license which will limit the County's liability and acknowledge the owner's intent
to remove the ramp.
Agreement Starting Date: U Ending Date: ~fter licenseel
relocates ram and Cou n a
Annual Value or Total Payment: INone:
N/A D Insurance Certificate Received (check box)
Insurance Expiration Date: '---_
N/A
Check all that apply:
o RFP I Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: {Included in current budget? 0 Yes D No
If No, has budget amendment been submitted? D Ves 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes k8J No
Special conditions attached to this grant:
1117/2012
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: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic
Department Director Approval: Lr--
Phone #: 385-1414
I /14 I ~o I ;).
Signature Date
Distribution of Document:
One original to Commissioner Journals, one original to Teresa Rozic for the Licensee.
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-i)
Legal Review Date
Document Number 2012-032
1/17/2012
REVIEWED
LEGAL COUNSEL
REVOCABLE LICENSE
DESCHUTES COUNTY, a political subdivision of the State of Oregon (County) hereby grants
KTMD PROPERTIES, LLC, an Oregon limited liability company (licensee), a non-exclusive
revocable license to use County real property, described in Exhibit A attached hereto and by this
reference incorporated herein and shall be referred to herein as "the license Area."
RECITALS
County owns real property described in Exhibit B attached hereto and by this reference
incorporated herein and shall be referred to herein as "the Parcel;" and
Licensee owns real property adjacent to the Parcel; and
County and licensee have recently learned that an asphalt wheelchair ramp serving the
licensee's office building encroaches on the Parcel; and
County is willing to grant licensee a non-exclusive, revocable license so that licensee
may continue to use the wheelchair ramp while licensee re-designs the ramp and relocates it;
NOW THEREFORE, this revocable license is granted upon the following terms and conditions:
1. This revocable license shall be without cost or charge to licensee.
2. The use of the license Area shall be for the limited purpose of licensee's maintenance,
use and removal of the existing wheelchair ramp ("ramp").
3. Licensee shall leave the license Area clean after removing the ramp and shall be
responsible for damage to County's property, including its fence as a consequence of licensee's
maintenance, use or removal of the ramp.
4. licensee shall keep and utilize the license Area in a clean and safe condition and in
compliance with all statutes and rules. County's granting of this license and Licensee's use
thereof shall not be construed as creating an agency relationship or partnership between the
parties. Licensee's maintenance, use and removal of the ramp shall be at licensee's sole cost
and expense.
5. licensee, its employees, agents and invitees, shall exercise the privileges contained
herein at their own risk. Licensee agrees to be responsible for any damage or third party liability
which may arise to the extent of liability ariSing out of the negligence or wrongful acts of licensee,
its officers, employees and agents. Licensee shall not be required to indemnify or defend the
County for any liability arising solely out of the wrongful acts of employees or agents of the
County.
6. licensee shall keep the Parcel free and clear from any and all liens and encumbrances
and licensee shall be fully responsible for any claim of damage, cost or expense on account of
use of the Parcel by Licensee.
DC 2012-032 1
7. Licensee shall notify County's Operations Manager (phone: 541-322-7172) upon
commencing removal of the ramp. When the ramp has been removed and the License Area
cleaned to County's satisfaction, County will terminate this License. Notwithstanding the
foregoing, County in its sole discretion may revoke this License at any time upon giving Licensee
not less than thirty (30) days written notice of its intent to do so. Termination or revocation of this
license shall not affect the accrual of any cause of action which might arise while this license was
in effect.
8. In the event this license is revoked, County shall not be liable to Licensee and Licensee
hereby releases and discharges County, its officers, agents and employees from any liability, cost
or damage arising from or in any way related to County's action relating to the revocation of the
license.
9. If suit or action is brought to enforce the terms of this License or to cause discontinued use
of the Parcel, then the prevailing party shall be entitled to attorneys' fees, in addition to costs and
disbursements as awarded by the trial court and in any appeal therefrom by the appellate court.
Dated this ___ of ________, 2012
BOARD OF COUNTY COMMISSIONERS Deschutes
County, Oregon
ANTHONY DEBONE, CHAIR
ALAN UNGER, VICE-CHAIR
ATTEST:
Recording Secretary TAMMY BANEY, COMMISSIONER
DC 2012-032 2
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page 1 of 2
EXH1BIT A
LEGAL DESCRIPTION
A tract of land lying in the north half of section 6, Township 18
South, Range 12 East of the Willamette Meridian, Deschutes
County, Oregon, and described as follows:
Beginning at the southeast corner of the northwest quarter of
sald section 6; thence North 89 degrees 48 minutes 24 seconds
West 274.21 feet along the southerly line of said northwest
quarter; thence North 07 degrees 16 minutes 40 seconds West
161.94 feet to a point on a 289.23 foot tangent curve to the
left; thence along the arc of 3aid curve 220.27 feet, the chord
of which bears North 29 degrees 05 minutes 42 seconds West 214.98
feet to a point of tangency: thpnce North 50 degrees 54 minutes
44 seconds West 401.11 feet to a point on a 206.52 foot tangent
curve to the right; thence along the arc of said curve 164.18 .
feet, the chord of which bears North 28 degrees 08 minutes 15 1
seconds West 159.89 feet to a point of tangency; thence North 05 ,
degrees 21 minutes 46 seconds West 344.65 feet to a point on a
1313.24 foot non tangent curve to the left, being the southerly
right of way line of Simpson Avenue; thence along the arc of said
curve 100.75 feet on said right of way line, the chord of which
bears North 85 degrees 48 minutes 31 seconds East 100.73 feet to
a point of nontangent line; thence South 06 degrees 23 minutes 22
seconds East 300.00 feet; thence North 62 degrees 13 minutes 35
seconds East 757.88 feet to the easterly line of the northwest
quarter of said Section 6; thence North 00 degrees 41 minutes 16
seconds West 100.00 feet along said easterly line to the
southerly right of way of Simpson Avenue; thence North 76 degrees
49 minutes 47 seconds East 6.27 feet along said southerly right
of way to a point on a 1233.24 foot tangent curve to the right;
thence along said southerly right of way line on arc of said
curve 278.39 feet, the chord of which bears North 83 degrees 17
minutes 48 seconds East 277.80 feet to a point of nontangent
linel thence North 00 degrees 14 minutes 12 seconds West 10.00
feet n10ng the right of way line; thence North 89 degrees 45
minutes 48 seconds East 18.48 feet along the southerly right of
way linel
thence South 00
thence South 19
thence South 06
thence South 01
thence South 07
thence South 32
thence South 06
thence South 14
.
degrees
degrees
degrees
degrees
degrees
degrees
degrees
degrees
10 minutes 08
28 minutes 17
12 minutes 55
15 minutes 17
05 minutes 26
25 minutes 27
50 minutes 42
44 minutes 53
seconds
seconds
seconds
seconds
seconds
seconds
seconds
seconds
West
East
East
West
East
East
East
East
75.12 feet;
213.30 feet;
147.20 feet;
138.86 feet;
270.11 feet;
82.74 feet;
156.42 feet;
119.08 feet;
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EXHIBIT A -2012-032
Page 1 of 2
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STATE OF OREGON )
COUNTY OF DESCHUTES) ss.
I. MART SU~ PEHIIOllOW, COUHTY ClERK AND
RICOROI_ OF (OHYITAHClS. IH AND FOR SAID
COUHTY, DO 81111T (IUIFf THAT THE WITHIN
INST.UMIHT WAS RICORDID THIS OAT,
94 HAY 19 PH 3: 54
HMlY SUE PEIIHOllOYr
C;OUNTY CLERK
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339 .. 2844
Page 2 of 2
EXHIBIT A
L'II., thence South 12 degrees 00 minutes 01 seconds East 318.12 feet;I :' ~~. thence South 12 degrees 59 minutes 44 seconds West 128.49 feet to
the northerly right of way of the old Brooks-Scanlon logging road
thence North 76 degrees 20 minutes 18 seconds West 1Y1.06 feet:~ along said right of way; thence North 76 degrees 06 minutes 18
seconds West 355.70 feet along said right of way to the westerly
';\ line of the east half of said section 6; thence North 00 degrees,
41 minutes 16 seconds West 182.81 feet along said westerly line
to the point of beginning, containing 27.4 acres more or less.
dh:BENOM1R\£XHtBlf .A
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LICENSE AGREEMENT AREA
PARCEL 3
A tract ofland in the northeast 114 of Section 6 of Township 18 South, Range 12 East, of
the Willamette Meridian in the City of Bend, Deschutes County, Oregon as shown on the
attached exhibit and being a portion of Parcel 3 described in Statutory Warranty Deed
recorded as 2001~54075 ofthe Deschutes County Official Records and being fully
described as follows:
Commencing at the center 114 comer of said Section 6 North 19°28125" East 1077.14 feet
to the westerly boundary of said Parcel 3, and a found 5/8-inch iron rod; thence along the
westerly boundary of said parcel South 06°00125" East 100.34 feet to the True-Point-of
Beginning, thence South 06°00'25" East 46.91 feet to a found 5/8-inch iron rod; thence
South 01 °21'48" West 1.96 feet; thence leaving said parcel boundary
North 55°25'15" West 7.64 feet; thence North 24°27144" West 15.53 feet; thence
North 14°36138" East 31.15 feet to the westerly boundary of said parcel and the True
Point-of-Beginning. Basis ofBearing is the Central Oregon Coordinate System prepared
by the Deschutes County Surveyor's Office.
Tract contains 301 sq. feet more or less.
Subject to: All easements, restrictions and right-of-ways of record and those common
and apparent on the land.
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RENEWS: Q6.3O-2O..!..!:...
(541) 312-9421
01-10-2012
Page 1 of1
John Thompson & Associates, Inc. P.O. Box 683 Bend, Oregon 97709
P;\Projects\DESXOOI5DEMO\Descriptiol1s\DESX 15L1CAGREE.doc
EXHIBIT B -2012-032
Page 1 of2
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DESCHUTES COUNTY SOLID WASTE DEPARTMENT
DEMOLITION LANDFILL LICENSE AGREEMENT AREA
LOCATION: NE 114 SECTION 6
TOWNSHIP 18 SOUTH, RANGE 12 BAST, W.M.
CITY OF BEND, DESCHUTES COUNTY, OREGON TRUE-POINT _OF
BEGINNING LICENSE
AGREEMENT AREA
AREA ±301 SQ· FT.
~
NORTH
SCALE: 1"=100'
01·10·2012
CENTER 1/4
PARCEL 3
2000-18961 DESCHUTES COUNTY
OFFlCIAL RECORDS
SECTiON 6
NOTES:
1. BASIS OF BEARING IS THE CENTRAL OREGON COORDINATE SYSTEM.
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:;:0DEMOLITiON LANDFIll -< 2008-354.39
DESCHUTES COUNTY
<:)
:;:0OFFICIAl RECORDS T.L. 714 ~
01-/0-;1."'12
2004-63155
DESCHUrES COUNTY
LINE TABLE
LINE BEARING DISTANCE
L15 506'00'25"£ 46.91'
U6 SOl'21'4B"W 1.96'
U7 N55'25'15"W 7.64'
UB N24'27'44"W 15.53'
l19 N14'36'3B"£ 31.15'
REGISTERED
OFFICIAL RECORDS PROFESSIONALm FOUND 5/B" LAND SURVEYOR
I (TYP.)
X IRON ROD
T.L. 730-oCIJ m(Q~
(J)CIJ
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I\.) JOHN THOMPSON & ASSOCIATES, INC. P.O. BOX 683 BEND, OREGON 97709 (541)312·9421
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CON
JANUARY 12, 1999
JOHN P. THOMPSON
49220
RENEWS 06-30-2012