HomeMy WebLinkAboutDoc 347 - Accept Deed - Right of Way EasementDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -wyvw.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 27, 2012
Please see directions for completing tit is document on tlte next page.
DATE: June 18,2012
FROM: George Kolb, County Engineer Road 541-322-7113
I TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2012-347, An Acceptance Deed for Right of Way/Slope
Easement on Diamondback Lane
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PUBLIC HEARING ON THIS DATE? NO.
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BACKGROUND AND POLICY IMPLICATIONS:
In 1992, the Bend LaPine School district was in the process of constructing the High Desert Middle
School located off of 27th Street. At this time, John Rexford, Auxiliary Services Manager for the
school district contacted the Deschutes County Road Department about dedicating Diamondback Lane
1 to the public. A dedication deed was prepared and signed by the School District in January of 1994. It
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was then presented to the Board of County Commissioners for acceptance. Minutes from the January
19, 1994 Commissioners meeting show that all three Commissioners approved signature of the
Acceptance Deed. For some reason, the Dedication! Acceptance deed was never recorded therefore the
road was never dedicated to the public. In January of2012, the School District contacted the Road
Department concerning the dedication and indicated that they wanted to finalize the dedication of
Diamondback Lane to the public. The Dedication Deed also includes a slope easement that is necessary
to cover the installation of a left tum lane on Diamondback Lane that was constructed as part of the
reconstruction of 27th Street for the new landfill location. The School District has been informed that
this is just a dedication of right of way and Diamondback Lane will not be included in the County
maintenance system per Resolution No. 2009-118. Signature of the Acceptance Deed will finalize the
process to make Diamondback Lane a public right-of-way.
FISCAL IMPLICATIONS:
None. Diamondback Lane will not be included in the County maintenance system.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2012-347, accepting the right-of-way dedication
i on Diamondback Lane i I
I ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
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1 Copy to Sheila OdIe (ext. 7148) at the Road Department after 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: ,June 27,20121 Department: IRoadl
Contractor/Supplier/Consultant Name: IBend LaPine School Distric~
Contractor Contact: IMarsha BarC~ Contractor Phone #: 1541-355j
110041
Type of Document: IDedication Deed/Acceptance Deed for Diamondback Lan~
Goods and/or Services: Provides for a
located at Hi h Desert Middle School
slo e easement that is necessa to cover the installation of a left turn lane on
Diamondback Lane that was constructed as art of the reconstruction of 27 Street fo
new landfill location. The School District has been informed that this is 'ust a
Agreement Starting Date: 'Upon Signatur~
Annual Value or Total Payment: ~
Ending Date: ~
D Insurance Certificate Receiled (CieCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
6/1/2012
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
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant IL--_--'
Deadlines for reporting to the grantor: D
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: D
Phone#:D
Departmental Contact and Title: !George Kolb, PE! Phone #:
!541-322-7113!
Department Director Approval: --1(}jf-+-----'0Jt{.....~~-k:~--
Signature , date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
!Copy to Sheila Odie, ext. 7148 after recording !
Official Review:
County Signature Required (check one): ~ BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____
Legal Review Date~~L fhzP
Document Number DC 2 a12 -3 47
6/ \ /20\2
For Recording Stamp Only
After recording return to:
Deschutes CO\hnty Road Dept.
61150 S.E. 27 Street
Bend, Oregon 97701
DEED OF DEDJCATION and SLOPE EASEMENT
Administrative School District Number 1, a political subdivision of the State of Oregon , does
hereby dedicate to the public for roadway and utility purposes that real property as described
in Exhibit "A ", attached hereto and by this reference incorporated herein and does also
hereby grant to the public a permanent easement over, across and through that certain
parcel of land described in Exhibit "B ," attached hereto and by this reference incorporated
herein, to construct and maintain slopes and other roadway facilities .
fl..
IN WITNESS WHEREOF, this document is executed this J.'1 day of
M4y
,2012.
STATE OF OREGON )
) SS .
County of Deschutes )
Before me, a Notary Public, personally appeared John M . Rexford , Deputy
Superintendent, Bend-La Pine Schools and acknowledged the foregoing instrument.
Dated this ~day of --"--'~-A------::;::oo-!...:'
NOTARY PUBLIC
My Commission Expires: Q -~b)-\S
O FFIC IAL SEAL
U~:£of',(lI:I.a TAMMIE J PARKER
/ NOTAR Y P UBUC-OREG O N
COMMISSION NO. 4639 19
MY COMMISSION EXPIRES DECEMBER 22, 2015
PAGE 1 OF 2 -DEDICATION AND ACCEPTANCE
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the
foregoing Deed of Dedication as a public road pursuant to ORS 92.014 .
DATED this __day of _ ___________ • 2012.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEB ONE, CHAIR
ATTEST:
ALAN UN GER., 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,
acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Dated this __day of ________, 2012.
NOTARY PUBLIC FOR OREGON
My Commission Expires: _____
~1{flJ
LEGAL COUNSEL
PAGE 2 OF 2 -ACCEPTANCE OF DEDICATION
DC ?012-347
EXHIBIT" A"
Diamondback Lane
A strip of land located in the West one-half of the Northwest one-quarter of Section 14,
Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, said strip
being 60 feet in width, 30 feet, when measured at right angles, on either side of the following
described centerline:
Commencing at the Northwest corner of Section 14, Township 18 South, Range 12 East,
Willamette Meridian; thence South 27"22'50· East, 1271.17 feet to a point on the
Westerly right-of-way line of 27th Street (being 40.00 feet westerly of and parallel with
the centerline of said 27th Street), and the True Point of Beginning; thence leaving
said westerly right-of-way line, South 63°32'27" West, 50.23 feet to a point of curvature;
thence along the arc of a 250.00 foot radius curve to the left, through a central angle of
16°03'41", an arc distance of 70.08 feet (the long chord bears South 55°30'36" West,
69.85 feet) to a point of tangency; thence South 47"28'46" West, 152.37 feet to a point of
curvature; thence along the arc of a 300.00 foot radius curve to the left, through a central
angle of 47"34'29", an arc length of 249.10 feet (the long chord bears South 23°41'31"
West, 242.01 feet) to a point of tangency; thence South 00°05'43" East. 374.29 feet to a
point of curvature; thence along the arc of a 250.00 foot radius curve to the right, through
a central angle of 87"43'03", an arc length of 382.74 feet (the long chord bears South
43°45'48" West, 346.44 feet) to a point on the easterly right-of-way line of a 60 foot
Public Way as shown in the survey filed as CS03949 in the Deschutes County
Surveyor's Office, said point being the terminus of this description, said point bears,
South 00°53'50" East, 2140.03 feet from said Northwest comer of Section 14. The side
lines shall be lengthened or shortened to match said right-of-way lines. This strip is
depicted on the attached map titled "Exhibit C Sketch" which is incorporated herein by
this reference.
Bearings are based on the survey titled "Record of Survey for Bend La Pine School
District High Desert Middle School Road Right of Way" filed as survey CS 11710 in the
Deschutes County Surveyor's Office.
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EXHIBIT liB"
Slope Easement
A strip of land located in the West one-half of the Northwest one-quarter of Section 14,
Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, said strip
being 42 feet in width when measured at right angles, on the left (southerly) side of the following
described centerline:
Commencing at the Northwest corner of Section 14, Township 18 South, Range 12 East,
Willamette Meridian; thence South 2r22'50" East, 1271.17 feet to a point on the
Westerly right-of-way line of 27th Street (being 40.00 feet westerly of and parallel with
the centerline of said 27th Street), and the True Point of Beginning; thence leaving
said westerly right-of-way line, South 63°32'27" West, 50.23 feet to a point of curvature;
thence along the arc of a 250.00 foot radius curve to the left, through a central angle of
16°03'41", an arc distance of 70.08 feet (the long chord bears South 55°30'36" West.
69.85 feet) to a pOint of tangency; thence South 47°28'46" West, 152.37 feet to a point of
curvature; thence along the arc of a 300.00 foot radius curve to the left, through a central f
angle of 23°47'15", an arc length of 124.55 feet (the long chord bears South 35°35'09" I
West, 123.66 feet) to a point on curve, being the terminus of this description. i
EXCEPTING THEREFROM, the 60 foot wide strip of land previously described in the
attached Exhibit A, with the intended result being a 12 foot wide strip of land coincident
with a portion of the southerly right-of-way line created in said Exhibit A. This strip is
depicted on the attached map titled "Exhibit C Sketch" which is incorporated herein by
this reference.
Bearings are based on the survey titled "Record of Survey for Bend La Pine School
District High Desert Middle School Road Right of Way" filed as survey CS11710 in the
Deschutes County Surveyor's Office.
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4/4/2012
j EXHIBIT10 11
------......--....
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15 14
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EASEMENT
TERMINUS POINT -CENTERLINE OF
SLOPE EASEMENT DESCRIPTION
NOT TO SCALE
TERMINUS POINT -CENTERLINE OF
DEDICATION DESCRIPTION
C SKETCH
---DESCRIPTION CENTERLINE
-------NEW RIGHT OF' WAY LINE
-------NEW SLOPE' EASEMENT I.INE
~AREA TO BE DEDICATED
____ 12' SLOPE EASEMENT AREA
~
:\--EXISTING SLOPE EASEMENT
P.O.B. CENTERLINE OF' DEDICATION
AND SLOPE EASEMENT DESCRIPTIONS