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Home My WebLink AboutDoc 200 - Easement - City of Bend~(). ...... :t tJJ ~ Q -<.....•. Deschutes County Board of Commissioners1.v.D·..•;:. 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 April 11,2012 Please see directions for completing this document on the next page. DATE: April 4, 2012 FROM: Teresa Rozic Property &Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2012-200, a Donation Agreement and Slope Easement to the City of Bend. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: The City of Bend issued General Obligation Bonds to upgrade several major street corridors and intersections. One of the improvement projects is a new roundabout at Simpson Ave.lMt. Washington Dr. Deschutes County owns property at that intersection. The City of Bend needs to acquire approximately 11,112 square feet (0.26 acres) on the south side of Simpson Avenue from the County for right of way purposes. On March 28, 2012, the Board of County Commissioners approved the Dedication Deed and will receive compensation from the City of Bend. City engineers discovered that they need a slope easement on the north side of Simpson A venue. This request is for a permanent slope easement 4' wide by 115' long (460 square feet). Law allows property owners to waive their right to a valuation report and to donate land for right of way purposes. In the interest of time, because there is minimal impact to the county-owned land, and because this design increases pedestrian safety, Deschutes County will donate its rights for this permanent slope easement. FISCAL IMPLICATIONS: None. RECOMMENDATION &ACTION REQUESTED: Staff recommends Board signature of Document 2012-200, the Donation Agreement and the Slope Easement. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original to Teresa Rozic. , J i 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: 104/04/20121 Department: [property & F acilitiesl Type of Document: Donation Agreement and Permanent Easement for Slopes Goods and/or Services: NIA Background & History: The City of Bend issued General Obligation Bonds to upgrade several major street corridors and intersections. One of the improvement projects is a new roundabout at Simpson Ave'/Mt. Washington Dr. Deschutes County owns property at that intersection. The City of Bend needs to acquire approximately 11,112 square feet (0.26 acres) on the south side of Simpson Avenue from the County for right of way purposes. On March 28, 2012, the Board of County Commissioners approved the Dedication Deed and will receive compensation from the City of Bend. City engineers discovered that they need a slope easement on the north side of Simpson Avenue. This request is for a permanent slope easement 4' wide by 115' long (460 square feet). Law allows property owners to waive their right to a valuation report and to donate land for right of way purposes. In the interest of time, because there is minimal impact to the county-owned land, and because this design increases pedestrian safety, Deschutes County will donate its rights for this permanent slope easement. Agreement Starting Date: IUpon signaturel Ending Date: INiAl Annual Value or Total Payment: till 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 Funding Source: (Included in current budget? D Yes No 4/5/2012 If No, has budget amendment been submitted? 0 Yes o No Is this a Grant Agreement providing revenue to the County? 0 Yes C8J 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: Yes 0 No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: ~J ~ Signature Date Distribution of Document: Original to Teresa Rozic Official Review: County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____,) Legal Review Date Document Number 2012-200 4/5/2012 File No.: SMW-4 DONATION AGREEMENT When a public improvement project requires any government agency or its contractor to acquire or enter upon private property, the owners of that property are entitled to compensation based upon a valuation report under federal and state law. Federal law is the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, PL 91-646, and state law is in Oregon Revised Statutes, 35.510, as amended. The above federal and state laws also allow property owners to donate necessary property rights if they wish. To accomplish a donation, you only need to acknowledge that the agency has informed you of the right to compensation and that you wish to donate. Property owners may also release the City of Bend from its requirement to provide a valuation report. If you elect to donate the property rights as described in the attached Exhibit A or deed, subject to the above information, please date and sign this Donation Agreement in the space below. [3J I release the City of Bend from providing a valuation report. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ATTEST: ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner REVIEWED LEGAL COUNSEL DC-2012-200 EXHIBIT A Mt. Washington/Simpson Avenue Roundabout Simpson Avenue Right-of-Way Permanent Slope Easement TL 1811060000100 PROPERTY DESCRIPTION A parcel of land containing a total of 0.01 acres (460 square feet), more or less, located in the Northwest One-Quarter (NW1I4) of Section 6, Township 18 South, Range 12 East, Willamette Meridian, City of Bend, Deschutes, Oregon, being more particularly described as follows: North Parcel Beginning at a 5/8" iron rod with a yellow plastic cap stamped "DBA" marking the intersection of northerly 40-foot right-of-way line of Simpson Avenue and the west line of said Section 6 which bears South 00°45'58" West a distance of 158.56 feet from a 5/8" iron rod with a 2" Deschutes County Aluminum Cap marking the north one-sixteenth comer between said Section 6 and Section 1; thence along said west Section Line, North 00°45'53" East a distance of 4.00 feet; thence leaving said west Section line, South 89°31 '34" East a distance of 115.00 feet; thence South 00°28'26" West a distance of 4.00 feet to said northerly 40-foot right-of-way line of Simpson Avenue; thence along said right-of-way line, North 89°31 '34." West a distance of 115.02 feet to the point of beginning, the terminus of this description, containing 0.01 acres (460 square feet), more or less. See attached map titled "EXHIBIT B", hereby incorporated by reference. RENEWAl. DATE: 06/30/12 4//-- s:\Jand ,rojec1.l\cob transportlltion boncNw&\111107\simpson' ml WlShinglon\rw-case desc\smw-4 desc hutes county ease.docll ---- EXHIBIT B MT. WASHINGTON/SIMPSON A VENUE ROUNDABOUT PERMANENT SLOPE EASEMENT -TL 18120600 00100 LOCA TEO IN: IN THE NW 1/4 SECnON 6, T18S, R12£, w'M., CITY OF BEND, DESCHUTES COUNTY, OREGON ~ Nl/16 CORNER ~ 5/8-IR NORTH PARCEL TL ~ PORl1ON OF n. 100 589"31'J4-E PERMANENT SLOPE EASEMENT It 115.00'Po.01 AC (460 SF) ~ N°O'~25J-E SOO'28'26-W S 4. 4.00' t-~~~-_/~ -__--~ - • N89"31'J4-W P.D.B. ~ SIMPSON A VENUE 115.02' ~ (PUBLIC) 100 TL 100 REGISTERED PRDfESSImAI.. - J-BRASS CAP Kf"ST 1/4 CORNER ./~ ND SURVEYOR SECl10N 6 ~ ..u..Y 19. 1994 -DAVID R. 'WILLIAMS 2686 RENE'JAL DATEI 06/30/1: /. 4/'i/"L-lOa' SMW-4 ease MT. WASHINGTON 'SIMPSON A VENUE ROUNDABOUT SHEETHWA-=-_........._ .-.......... ,.......... --.... 1/1 Grantor; Deschutes County, a political subdivision of the State of Oregon PO Bo)( 6005 Bend, OR 97708 Grantee; City of Bend Public Works Department 575 NE 15th St., Bend OR 97701 PERMANENT EASEMENT FOR SLOPES Bend G.O. Bond File #SMW-4 Recitals A. Deschutes County, a political subdivision of the State of Oregon, (Grantor) owns the real property located at the NWC Mt. Washington Drive at Simpson Avenue, Bend, OR and described in Exhibit A and depicted in Exhibit B (the Property). B. The City of Bend (City) is constructing a roundabout at the intersection of Mt. Washington Drive and Simpson Avenue. C. Grantor and City have agreed that Grantors will provide City a Permanent Easement for Slopes over the Property on the terms described in this Permanent Easement for Slopes. Terms of Easement 1. Grantor grants City a Permanent Easement for Slopes over the Property in the location described in Exhibit A (the Permanent Easement for Slopes area). 2. City shall hold Grantor harmless from any liability caused by City's work within the easement or the operation and maintenance of the public utility within the easement areas. 3. Grantor warrants and represents that Grantor has the right to grant this Permanent Easement for Slopes. 4. The consideration for the easement is: No monetary consideration. SIGNATURES FOLLOW DC-2012-200 Grantor: Deschutes County. a political subdivision of the State of Oregon POBox 6005 Bend. OR 97708 Grantee: City of Bend Public Works Department 575 NE 15th St.. Bend OR 97701 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY 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 ANTHONY DEBONE, ALAN UNGER and TAMMY BANEY, 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 ______, 2012 Notary Public for Oregon My Commission Expires: __________ REVIEWED LEGAL COUNSEL DC-2012-200 Grantor: Deschutes County, a political subdivision of the State of Oregon PO Box 6005 Bend, OR 97708 Grantee: City of Bend Public Works Department 575 NE 15th St., Bend OR 97701 Accepted by City of Bend Eric King, City Manager STATE OF OREGON County of Deschutes This instrument was acknowledged before me on ___________ by Eric King as City Manager of the City of Bend. NOTARY PUBLIC FOR OREGON My Commission Expires _____ Approved as to form: City Attorney's Office DC-2012-200 EXHffiITA Mt Washington/Simpson Avenue Roundabout Simpson Avenue Right-of-Way Permanent Slope Easement TL 18110600 00100 PROPERTY DESCRIPTION A parcel of land containing a total of 0.01 acres (460 square feet), more or less, located in the Northwest One-Quarter (NW1I4) of Section 6, Township 18 South, Range 12 East, Willamette Meridian, City of Bend, Deschutes, Oregon, being more particularly described as follows: North Parcel Beginning at a 5/8" iron rod with a yellow plastic cap stamped "DEA" marking the intersection of northerly 40-foot right-of-way line of Simpson Avenue and the west line of said Section 6 which bears South 00°45'58" West a distance of 158.56 feet from a 5/8" iron rod with a 2" Deschutes County Aluminum Cap marking the north one-sixteenth comer between said Section 6 and Section 1; thence along said west Section Line, North 00°45'53" East a distance of 4.00 feet; thence leaving said west Section line, South 89°31'34" East a distance of 115.00 feet; thence South 00°28'26" West a distance of 4.00 feet to said northerly 40-foot right-of-way line of Simpson Avenue; thence along said right-of-way line, North 89°31'34" West a distance of 115.02 feet to the point of beginning, the terminus of this description, containing 0.01 acres (460 square feet), more or less. See attached map titled "EXHIBIT B", hereby incorporated by reference. OREGON UY 11, 11114 DAVID R. WILUAMS 2686 RENEWAl.. DATE: 06/30/12 .p-/~ s:\Iand projects\cob Iranspol1ation boncMw&\1 I 1107\simpson -mt wuhinaron\rw-case dc:sclsmw.... deschutes county ease.docx ---- --- EXHIBIT B MT. WASHINGTON/SIMPSON A VENUE ROUNDABOUT PERMANENT SLOPE EASEMENT -TL 18120600 00100 LOCA TED IN: IN THE NW 1/4 SEC770N 6, T18S, R12E, W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON ~ N1/16 CORNER ~ 5/8-IR P~O:~~R#.E~oo TL 100 S893t'J4"E PERMANENT SLOPE EASEMENT ~ tt5.00po.Ot AC (460 SF) ~ NOO''!5:!5.J''E SOO"28'26·W S 4. 4.00' t--~;..=-~=-;..~ ____ • N8931'J4-W P.O.B. ~ SIMPSON A VENUE 115.02' ~ (PUBLIC) TL 100 REGISTERED PRDrESSIDNAL -ND SURVEYOR WEST 1/4 CORNER SECnON 6 J. BRASS CAP ..u.y ~" -1"-4 DAVID R. 'WILLIAMS 2 686 RENE'JAL DATE. 06/30/1~/ 1" lOa'4/'l/~ SMW-4 ease .....__M..........T........... ... ........ 'M.......OiN A_.\'fiNU_E R ... ...... ............ WA_SH_lNG7iO_N"""""'Sl...PS ............ ...... ......OO'ND_.A_BOU T_---t SHEET HWA-=__LIAMI & AIIOCIAI8,IMC PERMANENT SLOPE EASEMENT PARCEl. -7L 18120600 00100 _.........._ _ ........, ... .........w DATE: 04 '05 1/1 "" :::i "" "" 0 '" "" '" '" U1 0 <:> a '" "" f en a \~"-. ....., .),,> \ 6+75.00 {5-,,-\ ~~ aU>\ 0:::::1 ~ I "-zz "-, 0<::> ~ \ <.n a "-~ "-, 1 I... o I tA en o o "'C CD I (J) '"o I (5 SIMPSON AVE FILL ENCROACHMENTIWALL PLAN AND SECTION EXHIBITm WHPacffic.X CITY Of BEND lU$llf~S"Mt- I.... MT. WASHINGTON/SIMPSON ROUNDABOUT _00""'"54'~"_S4'1-J1l11-<1m ~~ ~AI..E!<W.I£ 037766 37766-C-WAll seCTION """AS NOTED -.