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Home My WebLink AboutDoc 332 - Amend License - Redmond Park-Rectff ~ o -< _... ..."'f ... ........ Deschutes County Board of Commissioners D..!S t:! ,.... ->:Y1300 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 24,2012 FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Chair signature of Document 2012-332, a First Amendment To License between Deschutes County, Licensor, and Redmond Area Park and Recreation District, Licensee. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: In June 2011, the Board of County Commissioners approved a License to allow Redmond Area Park and Recreation District (RAPRD) to develop a non-motorized, natural surface trail system on county owned land. Since that time, the parties have discovered that we did not design adequate access through the license area to the RAPRD sports complex. This amendment will add approximately 25 acres, in the form of a 430'-wide strip, to the 1,290 acres covered by the License. Deschutes County Solid Waste Department has no objection to including the additional acreage. It will not affect planned future uses at the Negus Transfer Station. FISCAL IMPLICATIONS: None. Consideration for the license is the benefit to the public. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2012-332. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One original to Teresa Rozic for the Licensee. 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 retumed 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 fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 105/24/20121 Department: IProperty & Facilitiesl Contractor/Supplier/Consultant Name: Redmond Area Park and Recreation Distric Contractor Contact: Katie Hammer, Executive Directo Contractor Phone #: 1541.548.72751 Type of Document: First Amendment to License Goods and/or Services: NIA Background & History: In June 2011, the Board of County Commissioners approved a License to allow Redmond Area Park and Recreation District (RAPRD) to develop a non-motorized, natural surface trail system on county-owned land. Since that time, the parties have discovered that we did not design adequate access through the license area to the RAPRD sports complex. This amendment will add approximately 25 acres, in the form of a 430'-wide strip, to the 1,290 acres covered by the License. Agreement Starting Date: IUpon signaturij Ending Date: ISee agreemen~ Annual Value or Total Payment: INonij N/A -statutory 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? DYes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? DYes rgJ No Special conditions attached to this grant: Deadlines for reporting to the grantor: 5/24/2012 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: Teresa Rozic Phone #: 541-385-1414 / ~/{ L 5/z'l'11'?Department Director Approval: Signature Date Distribution of Document: One original to Teresa Rozic for the Licensee. Official Review: County Signature Required (check one): D BOCC D Department Director (if <$25K) D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____ Legal Review Date Document Number 2012-332 5/24 /2012 I-"'---'--+-'-r--I FIRST AMENDMENT TO LICENSE ( f7 I ; LICENSE AREA Deschutes County -Licensor Redmond Area Park and Recreation District -Licensee RAPRD Property Not Part of License Area Approximate 430'-wide Strip Added to License for Access To and Through RAPRD Property Taxlot 151300-00-00103 Not Part of License Area Legend D COUNTY LAND -LICENSE AREA C--] City Limit ; -f 1 1 1 j 1 I t I I I r~I---------------------------------------- DESCHUTES COUNTY OFFICIAL RECORDS CJ 2ft14 ~1~~ NANCY ~LANKENSHIP, COUNTY CLERK ~ ~.~ 1Mit,EtTIM 901111S$IGHIIIS'lim 12115/2011 08:16:23 III Deschutes County Legal Counsel ._.. "---'-"';:' _.._...,... _.." LICENSE (TO USE COUNTY REAL PROPERTY) Document Number 2011-272 THIS LICENSE, made and entered into by and between Deschutes County, herein called "Licensor," and Redmond Area Park and Recreation District, herein called "Licensee." WIT N E SSE T H: Licensor is the owner of certain real property, comprising approXimately 1290 acres, located generally east of the City of Redmond, more particularly described in Exhibit "A-1,' attached hereto and by this reference, incorporated herein, and referred to herein as the "Property." More specifically, the Property consists of that portion of the County's property, as described on Exhibit A-1, and excluding the following: those portions located within the City of Redmond; the area encompassed by the High Desert Archers Lease (Exhibit "A-2"); and the area encompassed in the County Solid Waste Department Landfill and stockpile area -Site 482 (Exhibit "A-3"). Licensee is a park and recreation district, organized and operating pursuant to ORS chapter 266. Licensee is authorized to construct, operate and maintain parks, which in the judgment of Licensee's governing board, are necessary and proper. Licensee has requested that Licensor permit Licensee to construct, operate and maintain a trail system on the Property. Licensor hereby authorizes Licensee to use the Property, to construct, operate and maintain a trail system on the Property subject to the terms and conditions set forth in this License. The Property is depicted on the map marked Exhibit "B," attached hereto and by this reference incorporated herein. 1. Term. The term of this License shall commence on upon execution by Licensor, and continue until terminated or abandoned as provided herein. 2. Possession. Licensee's right to utilize the Property and obligations contained herein shall commence as of the date of this license. Pursuant to the terms and conditions of this license, Licensee shall have exclusive use and possession of the Property. The Property consists of a tract of land which in part is currently used and occupied by and subject to a lease held by High Desert Archers, as well as property surrounding Licensor's Negus Transfer Station, which Licensee recognizes and agrees are intended to be unaffected by Licensee's exercise of rights under this License. 3. Condition of Property. licensor represents that it has full right, power, and authority to enter into this License for the term herein granted and that the Property may be used by the Licensee during the entire term for the purposes herein set forth. If it is determined that Licensor did not have the right, power or authority to enter into this License because of Licensor's failure to have properly acquired jurisdiction over, or the Property is under lease or license to another and licensee has not acquired the leasehold interest of such other LICENSE (DC/RAPRD) DOC. No. 2011-272, 06/01/2011 PAGE 1 DC 2011· 272 REVIEWED LEGAL COUNSEL FIRST AMENDMENT TO LICENSE Parties: LICENSOR: Deschutes County LICENSEE: Redmond Area Park and Recreation District WHEREAS, Licensor and Licensee entered into a License (DC 2011-272) with an effective date of June 1, 2011, (lithe License") covering real property more specifically described in said License, Deschutes County, Oregon (the "Property"); and WHEREAS, the parties desire to amend the description of the Property to allow better access; NOW, THEREFORE, the parties agree that the License is hereby amended to add approximately 25.22 acres, described in Exhibit "A" and depicted on Exhibit "B," attached hereto and by this reference incorporated herein, to the Property. Except as otherwise provided in this Amendment, the terms and conditions of the License remain in effect. LICENSOR: DATED this __ day of _____, 2012 DESCHUTES COUNTY By: ______________________________ Anthony Debone, Chair Deschutes County Board of Commissioners LICENSEE: DATED this __ day of ______, 2012 REDMOND AREA PARK AND RECREATION DISTRICT By: ________________-------------- Katie Hammer. Executive Director DC 2012-332 Page 1 of 1 EXHIBIT A -AMENDED LICENSE AREA DESCHUTES COUNTY SOLID WASTE DEPARTMENT DESCHUTES COUNTY, OREGON A tract ofland located in northeast 1/4 of the northwest 114 of Section 11 , Township 15 South, Range 13 East, W.M., Deschutes County, Oregon as shown on the attached exhibit and being fully described as follows: Commencing at the northwest corner of said Section 11 a found 1-112 inch outside diameter iron pipe thence along the northerly line of said section South 89 °57'20" East 430.01 feet; thence leaving said section line South 00°22'53" East 2552 .94 feet; thence South 89 °37'07" West 430.00 feet to the westerly line of said section; thence along said section line North 00°22'53" West 2556.14 feet to the northwest comer of said Section 11 a found 1-112 inch outside diameter iron pipe and the True-Point-of-Beginning. Tract contains 25.22 acres, more or less. Subject to all restrictions, easements and right-of-ways of record and those apparent on the land. REGISTERED PROFESSIONAL LAND S AVEYOR EXHIBIT JANUARY 12, 11K19 JOHN P. THOMPSONI "A" ,O(~-~~) John Th o mp son & As soc iate s, Inc . P.O . Box 683 Bend , Oregon 97709 (5 4 I )312-94 2 1 P:\Proj ec ts\OES XOO 16 NEGUS \Oescriptio ns \OESX 16L E 'RtCIOd(~1,\y 1 nZ0 1Z DESCHUTES COUNTY SOLID WASTE DEPARTMENT EXHIBIT B . AMENDED LICENSE AREA LOCATION: NE 114 NW 114 SECTION 11 TOWNSHIP 15 SOUTH, RANGE 13 EAST, W.M.l__-+_-i DESCHUTES COUNTY, OREGON 3 .. 2 SECTION 2 ~ NORTH SCALE: 1-=1000' DATE: MAY II, 2012 o 500 1000 2000 Io TRUE POINT OF-........3J 2 2 2 ,t NOTES:DBEGINNING "...... ~-SB9'57'20"E 2632.9B' ~~.. • •. ~ DFOUND ·t·· L1 I 111 11 • 12 r\ t: '" III... '" %~~ lI1 RI - 1-1 / 2" 1. BASIS OF BEARING IS THE WEST LINE OF THE NE 1/ 4 OF THEIf1 IRON PIPE 10 { 11(') NW 1/4 OF SAID SECTION 11 BEING NORTH 00'23'53" WEST (CENTRALcij 1 NE1 / 4 ~ OREGON COORDINATE SYSTEM) AS DETERMINED BY RTK (REAL TIME {\J ~ NW1/4 __ , KINEMATIC) OBSERVATIONS FROM THE DESCHUTES COUNTY, REDMONDo o {\J ~I"<t-ORGN (OREGON REAL TIME GPS NETWORK) REFERENCE STATION. (J) -,C'J:::: <D I~ / " "LO 1 LO / "- ClILO If1 "-"-,,~ <,Z C'J ,rn , \~ ~ n: \3: W /~ « Iw LL w ' I:: ~ ( / ........ , \ ~ IOJ "'"l l"'"l v' \~ I LINE L1 L2 L3 LINE TABLE DIRECTION SB9'57'20"E SB9'37'07"W NOO'22'53"W DISTANCE 430.01' 430.00' B4 .00' o ,-il~ 2uf L.w 1:0 ~ ~ o r'J \_---1 Ix r REGISTERED ' ~ 1 1 Iw VJ 25 o I PROFESSIONALVJ/ Vi rn 1« ~ LAND SURVEYOR/~EXISTING LANDFILLOJ AMENDED~ / LEASE AREA~ PERIMETER ~ ~ 25.22 ACRES11 L2 w L3z ~At:k- o ~ FOUND 3-1~t JANU~RY 1~~ 1999a X JOHN P. THOMPSONALUM. CAP 10 I 11~ "I " SECTION 11W o \... 49220 / / I~ ~ RENEWS 06-30-2012u ~ ~ o ~ DJOHN THOMPSON & ASSOCIATES, INC. P.O. BOX 683 BEND, OREGON 97709 (541)312·9421/ ~ .=-------........................................................................................................................................................................................................................................................................--................................--....----........................................................~