HomeMy WebLinkAboutDoc 103 - Term Easement from Forest SvcDeschutes 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 February 22, 2012
Please see directions for completing this document on the next page.
DATE: February 13, 2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2012-103, Termination of Easement from the
USDA, Forest Service located on Deschutes Market Road.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, the US Forest Service (USFS) decided to co-locate the offices for the Bend-Ft.Rock Ranger
District, Forest Supervisors Office and the Work Center onto their property located at the Bend Pine
Nursery property on Deschutes Market Road. One of the requirements for locating the office off of
Deschutes Market Road was the installation of a left turn lane into the complex to handle the increase in
traffic. At the time, the property was located in Deschutes County so in order for the tum lane to be
constructed, the USFS had to grant Deschutes County a public easement that was ten (l0) feet in width
and 660.5 feet in length. This easement was granted to the County in document 2010-37745 in
September of2010 (see attached Exhibit "A"). Since that time, the USFS worked with the City of Bend
and is now annexed into the City therefore the easement granted to the County is no longer needed and
can be terminated.
FISCAL IMPLICATIONS:
None -there was no monetary consideration exchanged for the original easement.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2012-103, Termination ofUSFS Easement
(document 2010-37745) on Deschutes Market Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Return the original to Sheila OdIe (ext. 7148) at the Road Department to forward on to the USFS for
final signature and recording.
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: IFebruary 13, 20121 Department: IRoadl
Contractor/Supplier/Consultant Name: USDA Forest Service
Contractor Contact: peff Simsl Contractor Phone #: 541-383-5758
Type of Document: Termination of Easement
Goods and/or Services: This document terminates an easement that was granted to
Deschutes County by the USFS per document 2010-37745 on Deschutes Market Road
for the purpose of installation of a left turn lane into the new Forest Headquarters
Background & History: In 2007, the US Forest Service (USFS) decided to co-locate
the offices for the Bend-Ft. Rock Ranger District, Forest Supervisors Office and the
Work Center onto their property located at the Bend Pine Nursery property on
Deschutes Market Road. One of the requirements for locating the office off of
Deschutes Market Road was the installation of a left turn lane into the complex to
handle the increase in traffic. At the time, the property was located in Deschutes
County so in order for the turn lane to be constructed, the USFS had to grant Deschutes
County a public easement that was ten (10) feet in width and 660.5 feet in length. This
easement was granted to the County in document 2010-37745 in September of 2010.
Since that time, the USFS worked with the City of Bend and is now annexed into the
City limits therefore the easement granted to the County is no longer needed and can
be terminated.
Agreement Starting Date: lupon signature! Ending Date: ~
Annual Value or Total Payment: ~
D Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
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)
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
2/1312012
Is this a Grant Agreement providing revenue to the County? DYes D 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: ngineer
Phone #: 541-322-7113
Department Director Approval: ........~-\:-~'-'--_~______
, D te
Distribution of Document: 1 Return the original to Sheila Odie (ext. 7148) at the Road
Department to forward on to the USFS for final signature and recording.
Official Review:
County Signature Required (?heck one): 0 sOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, sOCC Order No. ____-1)
Legal Review Date
Document Number __________
2/13/2012
------e Forest Deschutes National Forest 63095 Deschutes Market RoadS Service Bend, OR 97701
541 383-5300
File Code: 5460
Date: March 15,2011
George Kolb
Deschutes County Road Department
61150 SE 27th Street
Bend, OR 97702
Dear George:
Please find enclosed the termination of easement form for a portion of the Deschutes Market
Road at the new Deschutes Forest Headquarters.
Please have the County Commissioners sign and notarize the consent page. The Forest Service
will complete it and record the document. The recorded original will be returned to Deschutes
County.
This portion of Deschutes Market Road will become a city road, as part of the Forest Service
agreement with the City of Bend to annex the new Headquarters Building property into the
Urban Growth Boundary.
I have attached a copy of the previous easement the Forest Service granted to Deschutes County
that will be terminated.
After the County Commissioners have signed the document you may return the document to me
for completion and recording.
Should you have any questions please contact me at 541-383-5758 or jsims@fsJed.us.
Sincerely,
JEFF SIMS
Realty Specialist
Enclosures
USDA ~
??-E America's Working Forests -Caring Every Day in Every Way Printed on Recycled Paper ",
After recording, return 10
Deschutes Co. Property Management
14 NW Kearney St.
Bend, OR 97701
Authorization ID: BEN 695 Deschutes Market Road at Forest HQ
Contact ID: DES CTY RD
TERMINATION OF EASEMENT
WHEREAS, on August 31, 2010 the United States ofAmerica, USDA Forest Service,
Deschutes National Forest, 63095 Deschutes Market Road, Bend OR 97701, acting by and
through the Forest Service, Department of Agricuhure as Grantor, executed an easement for a
road across certain land in Deschutes County, Oregon, to Deschutes County, 14 NW Kearney
St., Bend, OR 97701, a subdivision ofthe State of Oregon as Grantee, which deed is recorded in
the public records of Deschutes County, Oregon, as County Clerk Document Number 2010
37745, reference to said easement and the record thereof is hereby made for a more complete
description of said easement and the tenns thereof; and
WHEREAS, for good and valuable consideration, Deschutes County, Grantee, by joining in the
execution ofthis document, consents to the termination of said easement; and
WHEREAS, said easement provided that the Chief, Forest Service, may terminate the easement
or any segment thereof by consent ofthe Grantee;
NOW THEREFORE, the United States of America, by the Forest Supervisor, Deschutes
National Forest, pursuant to the delegation ofauthority by the Regional Forester, Pacific
Northwest Region, 58 F.R. 30766, published May 27, 1993, does hereby terminate the said
easement.
UNITED STATES OF AMERICA
John Allen
Forest Supervisor
Deschutes National Forest
Pacific Northwest Region
USDA Forest Service
Page 10f3
ACKNOWLEDGMENT
STATE OF OREGON )
)ss.
COWlty of Deschutes )
On this __day of • 20_, before me, the Wldersigned, personally appeared John
Allen, Forest Supervisor, Deschutes National Forest, Forest Service, Department ofAgriculture,
the same person who executed the within and foregoing instrument, who being by me duly sworn
according to law, did say that he executed said instrument on behalf ofthe United States of
America by its authority duly given and by himlher delivered as and for its act and deed. And he
did further acknowledge that he executed said instrument as the free act and deed of the United
States of America, for the purposes and consideration herein mentioned and set forth, and I do
hereby so certify.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
Name (Printed)
Notary Public for the State of Oregon
My Commission Expires ______
Page 2 of3
CONSENT OF GRANTEE
Deschutes County, acting by and through its Board of County Commisioners, does hereby
consent to the foregoing Easement termination.
DATED this ___day of _________, 2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TONY DEBONE, CHAIR
ATTEST: ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
STATE OF OREGON)
)ss.
County of Deschutes )
Before me, a Notary Public, personally appeared Tony DeBone, Alan Unger and Tammy
Baney, the above named Board of County Commissioners of Deschutes County, Oregon,
acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Dated this ___day of ________., 2012.
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
Page 3 of3
-----------
DESCHJTES COUNTY OffICIAL RECORDSEXHIBIT "A" NANCY BLANKENSHI'. COUNTY CLERK
PAGE 1 OF 8 WJWII_JJJJIJlII!~~/~10 02:16:1 ~ RECORDING COVER SHEET (Please Print or Type)
D-!AS Cnt.-t St.M2 T"The information on this sheet is a reflection of the attached
Thl. I •• no ," doo&MIent.instrument for the purpose of meeting first page recording
requirements, ORS 20S.234.
If this cover page is included with your document, please
~_~~_!~;£~_!<!_!~~J~!~!_~..:?~!ng .!.E!~!:.__________________________ _
AFTER RECORDING RETURN TO:
Teresa Rozic
Deschutes County property Management Specials
14 NW Kearney Sf
Bend, OR 97701
1) TITLE(S) OF THE TRANSACTION(S) ORS 205.234(a)
Easement
2) DIRECT PARTY I GRANTOR(S) ORS 20S.12S(1){b) and 20S.160
United States of America, acting by and through the Forest Service, Department of Agriculture
3) INDIRECT PARTY I GRANTEE(S) ORS 20S.125(1)(a) and 205.160
Deschutes County
4) TRUE AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO:
N/AORS 93.030(5) -Amount In dollars or other
~Other$----------------------------
6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetary
ORS 205.125(1)(e) I obligation Imposed by the order
or warrant. ORS 205.125(1)(c)
(If applicable) PARTIAL
CHECK ONE: IXI FULL
$-------------------------------
8) If this instrument Is being re-recorded, complete the following statement, in
accordance with ORS 205.244:
liRe-recorded at the request of _________________ to correct
IIpreviously recorded in Book and page or as Fee NumberI
EXHIBIT "A"
PAGE20F8
Authorization ID: BEN 695 FS-2700-9f{9/96)
Contact ID: DES crY RD OMS No. 0596-0082
Deschutes Market Road
U. S. DEPARTMENT OF AGRICULTURE
Forest Service
PUBLIC ROAD EASEMENT
National Forest Roada and Trails Act,
October 13,1964, (P. L. 88-667)
36 CFR 261.50, et seq
THIS EASEMENT, dated this '$/ f! day of I-J." n'!>f,2010, from the UNITED STATES OF
AMERICA, acting by and through the Forest Service, Department ofAgriculture, hereinafter
called Grantor, to Deschutes County, a subdivision ofthe State ofOregon, hereinafter called
Grantee.
WITNESSETH:
WHEREAS. the Grantee has applied for a grant of an easement under the Act ofOctober 13,
1964 (78 Stat. 1089. 16 U.S.C. 532-538), for a road over certain lands or assignable easements
owned by the United States in the County of Deschutes, State ofOregon and administered by the
Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and
highway along and across a strip ofland, hereinafter defined as the right~of-way over and across
the following described lands in the County of Deschutes, State ofOregon, as descdbed on
exhibit A attached hereto.
Wi11amette Meridian
T. 17 S., R. 12 E.,
Sec. 23, WII2NW1I4.
The word "right-of-way" when used herein means said strip ofland whether or not there is an
existing road or highway located thereon. Except where it is defined more specifically, the word
"highway" shall mean roads or highways now existing or hereafter constructed on the right-of
way or any segment ofsuch roads or highways.
The right-of-way is shown and specifically described on the plat attached hereto and made a part
hereof.
This grant is made subject to the following tenns, provisions, and conditions:
1. Outstanding valid claims, ifany, existing on the date of this grant.
Page 1 ofe
DC 2 0 10 . 6 2 i{.
EXHIBIT"A"
PAGE 3 OF 8
2. The easement herein granted is limited to use ofthe described right-of-way for the
purpose ofconstru.ction, operation, and maintenance ofa highway and does not
include the grant ofany rights for nonbighway purposes or f8cilities; Provided, That
the Forest Service shall not exercise its right to use or authorize the use ofany
portion of the right-of-way for nonbighway purposes when such use would interfere
with the free flow oftraffic or impair the full use and safety ofthe highway; and
Provided further. That nothing herein shall preclude the Forest Service from locating
National Forest and other Department of Agriculture information signs on the
portions ofthe right-of-way outside of construction limits.
3. Any reconstruction oftbe highway situated on this right-of~way shall conform with
p~specifications~ and written stipulations approved by the Forest Supervisor or
authorized representative prior to beginning such reconstruction.
4. Consistent with highway safety standards, the Grantee shall:
(a) Protect and preserve soil and vegetative cover and scenic and esthetic values
on the right-of-way outside ofconstruction limits.
(b) Provide for the prevention and control ofsoil erosion within the right-of-way
and adjacent lands that might be affected by the construction, operation, or
maintenance ofthe highway, and shall vegetate and keep vegetated with
suitable species all earth cut or fill slopes feasible for revegetation or other
areas on which ground cover is destroyed. The Grantee shall perform these
activities where it is deemed necessary during a joint review between the
authorized Forest Officer and Grantee prior to completion ofthe highway.
The Grantee also shall maintain all terracing, water bars. leadoff ditches, or
other preventive works that may be necessary to accomplish this objective.
This provision also shall apply to waste disposal areas and slopes that are
reshaped following slides that occur during or after construction.
5. The Grantee shall:
Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites
for higbway-operation and maintenance facilities; camps; supply depots; or disposal
areas within the right-or-way, unless shown on approved construction plans, without
first obtaining approval ofthe authorized Forest Officer.
6. The Grantee shall maintain the right-of-way clearing by means ofchemicals only
after the Forest Supervisor has given specific written approval. Application for such
approval must be in writing and must specify the time, method, chemicals, and the
exact portion ofthe right-of-way to be chemically treated.
7. The Grantee does by the acceptance ofthis document covenant and agree for itself,
its assigns, and its successors in interest to the property here granted or any part
thereot: that the covenant set forth below shall attach to and run with the land:
Page 2 of6
EXHIBIT itA"
PAGE 4 OF 8
(a) That the Grantee shall operate the descnOed property and its appurtenant
areas and its buildings and facilities whether or not on the land therein
granted as a public road, in full compliance with Title VI ofthe Civil Rights
Act of 1964 and all requirements imposed by or pursuant to the regulations
issued thereunder by the Department ofAgriculture and in effect on the date
of this document to the end that no person in the United States sbal~ on the
grounds ofrace, SC4 color, religion, or national origin, be excluded from
participation in. be denied the benefIts o( or be subjected to discrimination
under any programs or activities provided thereon; and
(b) That the United States shall have the right to judicial enforcement ofthese
covenants not only as to the Grantee, its successors and assigns, but also as to
lessees and licensees doing business or extending services under contractual
or other arrangements on the land therein conveyed.
The Chie( Forest Service, may terminate this easement, or any segment thereo( (1) by consent
ofthe Grantee, (2) by condemnation, or (3) after a five (S) year period ofnonuse, by a
determination to cancel after notification and opportunity for hearing as prescribed by law.
IN WITNESS WHEREOF, Grantor, by its Forest Supervisor, Deschutes National Forest, Pacific
Northwest Region, Forest Service, has executed this easement pursuant to the delegation of
authority by the Secretary of Agriculture to the Under Secretary ofNaturai Resources and
Enviroment, the delegation ofauthority by the Under Secretary for Natural Resources and
Enviroment to the Chief; Forest Service, 7 CFR 2.60, and the delegation ofauthority by the
Chief; Forest Service, 49 F.R. 34283, published August 29, 1984, and the delegation ofauthority
by the Regional Forester, Pacific Northwest Region, Forest Service, S8 F.R. 30766, published
May 27, 1993, on the day and year first above written.
UNIlED STAlES OF AMERICA
BY~~ ~OhnAJlen
Forest Supervisor
Deschutes National Forest
Pacific Northwest Region
USDA Forest Service
Page 3 of6
EXHIBIT "A"
PAGE 5 OF 8
ACKNOWLEDGMENT
STATE OF OREGON )
)ss.
County of Deschutes )
On this 31ft day of ~kS -r, 2010, before me, the undersigned, personally
appeared .J 9 h n Pr 1\<:. n Forest Supervisor, Deschutes NationalI
Forest, Pacific Northwest Region. Forest Service. Department of Agriculture, the same
person who executed the within and foregoing instrument, who being by me duly sworn
according to law, did say that he executed said instrument on behalf of the United
States of America by its authority duly given and by him delivered as and for its act and
deed. And he did further acknowtedge that he executed said instrument as the free act
and deed of the United States of America, for the purposes and consideration herein
mentioned and set forth, and I do hereby so certify.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
OFFICIAL SEAL
JEffERSON C BIllS
NOTARVPUBL~REGON
COMMISSION NO. 4S0814
N~('f.g.;;C, fLl~
Notary Public for the State of 0 ,eft'CM
My Commission Expires J!<¥ IS, 20('-1
. "'ai"'~_'"
8 ·2tt ·lO'
Da.
USDA Fa.tSuriot
Page 4 of6
T 'UA'l'JLJ.V.uS SI ONER
EXHIBIT "A"
PAGE 60F8
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the
foregoing Public Road Easement as a public road pursuant to ORS 92.014.
DATED this 111day Of¥~ ,2010.
BOARD OF COUNTY COMMISSIONERS
OFDESCHU COUNTY,OREGON
A'ITEST:
~,~i
Recording Secretary
STA TE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Dennis R. Luke, Alan Unger and Tammy
Baney, the above-named Board of County Commissioners of Deschutes County, Oregon,
acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Datedthis#)/;..J dayof ~~1W~2010.
~~
NOTARY PUBLIC FOR OREGON
My Commission Expires:fd2<Z-1201 (
PAGE 2 OF 2-ACCEPTANCE OF DEDICATION
C:\DOCUMENTS AND SETIINGS\KOLBWy DoCUMENTS\WORD\PUBLlCINFo\ACCEPTANCE OF DEDICATION .DOC
9/1412010 7:47 AM
-----------------------_.. -..--...
EXHIBIT IIA"
PAGE 7 OF 8
According to the Paperwork Reduction Ad. of 1995, no persons are required to respond to a collection of Information
unless It displays a vand OMB control number. The valid OMB control number for this Information collection Is 0596
0082.
This information is needed by the Forest Service to evaluate requests to use National Forest System lands and
manage th088lands to protect natural resources, administer the use, end ensure public health and safety. ThiS
information Is required to obtain or retain a benefit. The authority for that requirement Is provided by the Organic Ad
of 1897 and the Federal Land Policy and Management Ad. of 1976, which authorize the Secretary of Agriculture to
promulgate rules and regulations for authortzing and managing Nallonal Forest Systan lands. These statutes, along
with the Tarm Permit Act, National Forest Ski Area Permit Act. Granger-Thye Act. Minerai Leasing Act. Alaska Term
Permit Ac:t. Ar:J. of September 3, 1954, Wilderneas Ad. NatIonal Forest Roads and Trail. Ad, Ad. of November 16,
1973. Archeological Resources Protection Ac:t. and Alaska National Interest Lands Conservation Ad. authorize the
Secretary of Agriculture to Issue euthorizatiOna for the use and occupancy of National Forest System lands. The
Secretary of Agriculture's regulations at 36 CFR Part 251, SUbpart B, establish procedures for issuing those
authorizations.
'rhe Privacy Ad of 1974 (5 U.S.C. 5528) and the Freedom of Information Ad. (5 U.S.C. 552) govern the confidentiality
to be provided for information received by the Forest Service.
Public reporting bUrden for this collection of Information, if requested, 18 estimated to average 1 hour per response for
annual finane/al information; average 1 hour per response to prepare or update operation andfor maintenance plan;
average 1 hour per response for Inspection reports; and an average of 1 hour for each request that may Inelude such
things as reports. logs. facility and user Information, sublease Information. and other similar miscellaneous
information requests. This Includes the tim, for reviewing Instructlons. searching existing data sources. gathering
and maintaining 1he data needed, and completing and reviewing the coUection of informetlon.
Page 6 of6
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DESCHUTES MARKET ROAD LOCATED IN THE Nlrl/4 OF SECTION
23, 1'17S, R.12E., w.M.. DESCHUTES COUNTY, OREGON
w.o. 10-3982
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