The URL can be used to link to this page

Home My WebLink AboutDoc 328 - Easement - La Pine Special Sewer Dist:'fE I.IJ ~ afQo.-c., ....:z.-<•• ",....~.< <'c.C)Deschutes County Board of Commissioners -,-" -n.~ 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 June 6, 2012 Please see directions for completing this document on the next page. DATE: May 23, 2012 t FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2012-328, an Exclusive Easement to La Pine Special Sewer District. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: In 2011, the Bureau of Land Management conveyed approximately 518 acres in Township 22 South Range 10 East to Deschutes County. The property is commonly known as the "New Neighborhood" and is bounded on the north by Burgess Road (realigned since the BLM conveyance) and on the east by Highway 97. The conveyance was made subject to existing rights of various utilities, including the La Pine Special Sewer District ("the District"). Recently the District found that their right for a pipeline is properly documented but the right for the associated pump station is not. The District requests that Deschutes County grant an exclusive easement for the existing Wickiup Junction Pump Station. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2012-328. ! ATTENDANCE: Teresa Rozic I DISTRIBUTION OF DOCUMENTS: I Original to Teresa Rozic for transmittal to La Pine Special Sewer District. !• r [f, f f ; 1 DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn 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 Fonn is also required. If this fonn 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 fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 105/23/20121 Department: IProperty & Facilitiesl Contractor/Supplier/Consultant Name: La Pine S ecial Sewer Distric Contractor Contact: IDonna Zigle~ Contractor Phone #: 541-536-3281 Type of Document: Exclusive Easement Goods and/or Services: N/A Background & History: In 2011, the Bureau of Land Management conveyed approximately 518 acres in Township 22 South Range 10 East to Deschutes County. The property is commonly known as the "New Neighborhood" and is bounded on the north by Burgess Road (realigned since the BLM conveyance) and on the east by Highway 97. The conveyance was made subject to existing rights of various utilities, including the La Pine Special Sewer District ("the District"). Recently the District found that their right for a pipeline is properly documented but the right for the associated pump station is not. The District requests that Deschutes County grant an exclusive easement for the existing Wickiup Junction Pump Station. Agreement Starting Date: IUpon signatur~ Ending Date: ~ Annual Value or Total Payment: INon~ N/A Insurance Certificate ReCeiVjd (ChjCk box) Insurance Expiration Date: N/A Check all that apply: o RFP, 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? D Yes No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? D Yes ~ No Special conditions attached to this grant: 5/2312012 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 Phone #: 385-1414 ~Department Director Approval: '1/,),)/,;)-01;), ~ Date Distribution of Document: Original to Teresa Rozic for transmittal to La Pine Special Sewer District. Official Review: County Signature Required (check one) : 0 BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOee Order No. _____ Legal Review Date Document Number 2012-328 5/23/2012 I===r=*=,z -~~~________~~~~~~-L~±±~~~~C1~ +-------J1-----4--~La Pine Special Sewer District Legend l----f-JiJ D Section ~ U Tax Lot ~~ Easement Request 221023 k ~J# I I Ii ---l--z I )!.. ff tiJ221012 0 if .!!J ~~I ---+--w --;-~I r--h~ -+---;g Easement Area 211131 221106 After recording, return to: La Pine Special Sewer District PO Box 2460 La Pine, OR 97739 For Recording Stamp Only EXCLUSIVE EASEMENT DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, grants to LA PINE SPECIAL SEWER DISTRICT, a political subdivision of the State of Oregon, Grantee, an exclusive easement and right to use and occupy for the purposes of installing, maintaining and operating a sewer pump station upon, over, across and through the real property described in the attached Exhibit "A" (the "Easement Area"), which is incorporated herein by this reference. This Easement is granted on the following terms and conditions: 1. SCOPE. This Easement shall be limited to the legal description described herein. Any clearing of vegetation is limited to the Easement Area, and Grantee shall comply with local zoning requirements and restrictions of record. 2. GRANTOR'S RIGHTS. Grantor shall have the right to use the land subject to this Easement so long as Grantor's use does not interfere with this Easement. I t 3. GRANTEE'S RIGHTS. Grantor further grants to Grantee the right of ingress and egress over and across adjacent lands owned by Grantee by any practicable route to and from the Easement Area as shall cause the least damage and inconvenience to Grantee. 4. This Easement is granted subject to any and all prior easements or encumbrances of record. 5. Grantee and its successors covenant that they shall not generate, store, process, dispose of, release or discharge into the environment, any hazardous, toxic, radioactive or otherwise dangerous or regulated substance on, in or about the Easement Area. 6. Grantee herein agrees to indemnify, defend and save harmless, Grantor, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, ariSing out of, or connected with the grant of this Easement, or any future activity or occurrence upon, within or otherwise related to this Easement. Said indemnification shall be severable and shall survive independently of any termination of this Easement. f7. This Easement shall not constitute a land use permit or approval, nor shall Grantee tundertake or permit any activity to take place within Easement Area in violation of local (land use ordinances or any other federal, state or local laws. t 8. Grantee accepts the Easement Area in its "as is" condition, except as specifically f I DC 2012-328 1 I noted in this Easement. Grantee shall at all times keep the Easement Area in a safe, clean and maintained manner and acknowledge that Grantee shall have exclusive fresponsibility for repairs and maintenance of the Easement Area. t 9. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this agreement, but all the counterparts shall together constitute the same agreement. No counterpart shall be effective until each party has executed at least one counterpart. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE 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. IThe true consideration for this conveyance is other value given that is the whole consideration 1 GRANTOR: I DATED this __day of _______, 2012. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON REVIEWED ANTHONY DEBONE, Chair LEGAL COUNSEL ATTEST: ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner State of Oregon ) l ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER and I 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. I i Notary Public for Oregon My Commission Expires: _______ tDC 2012-328 2 I i 1 Legal Description for The Lapine Special Sewer District Owner: DESCHUTES COUNTY DEED REFERENCE: Volume 2001 Page 3483 A PARCEL OF LAND LOCATED IN THE NE QUARTER OF THE NW QUARTER OF SECTION 1, TOWNSHIP 22 SOUTH RANGE 10 EAST, W.M., DESCHUTES COUNTY, OREGON BEGINNING AT A POINT LOCATED SOUTH 81°29'27" WEST A DISTANCE OF 261.56 FEET FROM THE NORTH ONE-QUARTER CORNER OF SECTION 1, TOWNSHIP 22 SOUTH -RANGE 10 EAST, W.M ., DESCHUTES COUNTY, OREGON . SAID POINT BEING LOCATED ON THE EASTERLY LINE OF SKIDGEL ROAD, EXTENDED SOUTHERLY; THENCE, LEAVING SAID EASTERLY LINE SOUTH 64°50'01" EAST A DISTANCE OF 44 .04 FEET; THENCE, SOUTH 00°26'15" WEST A DISTANCE OF 44.04 FEET TO A POINT ON THE EASTERLY LINE OF SKIDGEL ROAD, EXTENDED SOUTHERLY ; THENCE, ALONG SAID EASTERLY LINE NORTH 00°26'15" EAST A DISTANCE OF 50 .00 FEET TO THE POINT OF BEGINNING. EXHIBIT !lA" IJX:.-dO")' ~"