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Home My WebLink AboutDoc 670 - Temp Easement - Skyliners - Chalfant-MorrisonDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -\vww.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of December 17,2012 DATE: December 12, 2012 FROM: George Kolb, County Engineer Road 541-322-7113 TITLE OF AGENDA ITEM: Consideration of Board signature of Document No. 2012-670, an Acceptance Deed for a Temporary Construction Easement on Skyliners Road from Christopher M. Morrison and Diana Lynn Chalfant Morrison PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County is working with the Federal Highway Administration (FHWA) to reeonstruct Sky liners Road. The reeonstruction of Skyliners Road will involve widening the existing road out to a width of 34 feet to include six foot bike lanes the entire length of the project. As a result of this widening, the grade on several private residence driveways will be affected to the point that the contractor will be required to enter onto private property in order to reconstruct the driveway to an acceptable grade. FHW A requires a construction easement from the individual property owners allowing the contractor onto their private property to accomplish the work. These easements will be in effect until the completion of the road project at which point they will no longer be in effect. On August 22,2012, the Board of County Commissioners signed Resolution No. 2012-104, approving the acquisition of these temporary construction easements for the Skyliners Road Project. "FISCAL IMPLICATIONS: The amount $225.48 required for this Temporary Construction Easement is budgeted in FY 2012-2013. RECOMMENDATION & ACTION REQUESTED: Move approval of Board signature of Document No. 2012-670, accepting the Temporary Construction Easement from Christopher M. Morrison and Diana Lynn Chalfant-Morrison ATTENDANCE: George Kolb, County Engineer DISTRIBUTION OF DOCUMENTS: 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: 1gecember12, 201?1 Department: !Road! Contractor/Supplier/Consultant Name: ~hristopher M. Morrison and Diana Lynn! lCh§3:lfant-Morrison! mmm Contractor Contact:!! Contractor Phone #: 1§41-383-9074! Type of Document: Acceptance Deed for a Temporary Construction Easement on Skyliners Road from Christopher M. Morrison and Diana Lynn Chalfant-Morrison Goods and/or Services: Temporary Construction Easement Background & History: Deschutes County is working with the Federal Highway Administration (FHWA) to reconstruct Skyliners Road. The reconstruction of Skyliners Road will involve widening the existing road out to a width of 34 feet to include six foot bike lanes the entire length of the project. As a result of this widening, the grade on several private residence driveways will be affected to the point that the contractor will be required to enter onto private property in order to reconstruct the driveway to an acceptable grade. FHWA requires a construction easement from the individual property owners allowing the contractor onto their private property to accomplish the work. These easements will be in effect until the completion of the road project at which point they will no longer be in effect. On August 22, 2012, the Board of County Commissioners signed Resolution No. 2012-104, approving the acquisition of these temporary construction easements for the Skyliners Road Project. Agreement Starting Date: !Upon Signaturij Ending Date: [E-n{[01j lEi2J~d Annual Value or Total Payment: '-'----' Insurance Certificate Received (check 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? [g] Yes No If No, has budget amendment been submitted? Yes D No 12112/2012 ___ __ ---------------- Is this a Grant Agreement providing revenue to the County? DYes [g] 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: George Kolb, County Engineer Phone #: 541-322-7113 Department Director Approval: _-----"'Ol\..:·~-..L.----HL---- 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. 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. _____1 Legal Review Date Document Number 12/12/2012 For Recording Stamp Only After recording return to: Deschutes County Road Dept. 61150 S.E. 27th Street Bend, Oregon 97701 TEMPORARY CONSTRUCTION EASEMENT Christopher M Morrison, Trustee and Diana Lynn Chalfant-Morrison, Trustee, or Successor Trustee, of the Chalfant Morrison Family Trust UTD 5/18/05, Grantor, does hereby grant to Deschutes County, Oregon, Grantee, its successors and assigns, a Temporary Construction Easement for construction purposes, over and across the Grantor's property as described in Exhibit "A", attached hereto and by this reference incorporated herein. The true consideration for this conveyance is $225.48 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. The Grantee's use of the easement shall include the right for the Grantee, its employees, agents, assigns, contractors and employees of contractors , to enter and use the easement area for construction work in connection with the Skyliners Road Reconstruction project. The term and duration of this temporary construction easement shall be from April 1, 2013 to the completion of the Skyliners Road Reconstruction project. This document is intended to grant easements on the property described, not to convey fee title or any interest in the underlying property except as expressly stated herein. The easements granted shall not prevent Grantors from the use of said property provided, however, that such use shall not be permitted to interfere with the rights herein granted. Grantor shall not be permitted to endanger the lateral support of any facilities constructed within or adjacent to the easements granted herein. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or use of said property and the construction or improvement in the public way. Grantor(s) hereby covenant(s) to and with Grantee that itltheyis/are the owner of said property, which is free from all encumbrances, except for easements, conditions and PAGE 1 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE -'0"1-~ . .c.. ',. (...-6: '-.: restrictions of record, and will warrant and defend the easement rights herein granted from all lawfull claims whatsoever, except as stated herein . IN WITNESS WHEREOF, this document is executed this Ibfk.-day of __V~i--=-e--=C.-'-=-0'--'V\--"B<--c-_R....::>-____, 2012. Q:!id&Jr~~~r~ , ;~~ STATE OF OREGON SS . County of Deschutes Before me, a Notary Public, personally appeared Christopher M Morrison, Trustee and acknowledged the foregoing instrument to be his/her voluntary act. Dated this 10'11'-. day of V e-Let'V\.B?)'Z, , 2012. OFFICIAL SEAL TERESA L ROZIC NOTARY PUBLIC-OREGON COMMISSION NO , 470066 MY COMMISSION EXPIRES JULY 17, 2016 N~Lfc-FO~N 7/('7 / (~_My Commission Expires: _ ~ ---'-'--'---""- STATE OF OREGON ) ) SS. County of Deschutes ) Before me, a Notary Public, personally appeared Diana Lynn Chalfant-Morrison , Trustee, and acknowledged the foregoing instrument to be his/her voluntary act. Dated this ID'ttr,-day of \)E:Q0Ylf?C1c ,2012. • OFFICIAL SEAL TERESA L ROZIC NOTARY PUBLIC -OREGON COMMISSION NO, 470066 MY COMMIS~ION EXPIRES JULY 17, 2016 N~~g~GON My Commission Expires : J (('1 ((Co PAGE 2 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE ACCEPTANCE Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the foregoing Temporary Construction Easement. DATED this __day of ____________, 2012. 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, acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon. Dated this __day of _________, 2012. NOTARY PUBLIC FOR OREGON My Commission Expires: _____ PAGE 3 OF 3 -CONSTRUCTION EASEMENT AND ACCEPTANCE DC 201.2 ... 6 'I [}-. . . EXHIBIT A Tax lot 18-10-00 300 Two (2) tracts of land lying in the SE ~ SE ~ of Section 2, Township 18 South, Range 10 East, W.M., Deschutes County, Oregon and being portions of that land conveyed to Christopher M. Morrison and Diana Lynn Chalfant-Morrison as Trustees or the Successor Trustee of the Chalfant Morrison Family Trust UTD 5/18/05 in that Deed recorded May 26, 2005 in Volume 2005, Page 32684 of Deschutes County Official Records, and being more particularly described as those portions of said Morrison property included in two strips of land, variable in width, lying on the northerly (left) side of the center line of the Skyliners Road Legalization Alignment as described in Exhibit B of Deschutes County Commissioner's Order 2012-021 and depicted on the Legalization Survey filed in the County Surveyor's Office as survey CS18386, which centerline is described as follows: Commencing at the 2-1/2" aluminum cap monumenting the corner common to Sections 2,3, 10 and 11 of Township 18 South, Range 10 East, W.M.; thence S62°30'19"W a distance of 4378.16 feet to Engineer's Station 1101+45.88PC; thence 54.12 feet along the arc of a 525.00 foot radius curve to the left, the long chord of which bears S44°08'56"E a distance of 54.10 feet to Engineers Station 1102+00.00P.O.C., the Point of Beginning of the 2012 Skyliners Road legalization centerline alignment; thence continuing along said curve 458.03 feet along the arc of a 525.00 foot radius curve to the left, the long chord of which bears S72°05'44"E a distance of 443.64 feet; thence N82°54'39"E a distance of 191.41 feet; thence 189.02 feet along the arc of a 1650.00 foot radius curve to the left, the long chord of which bears N79°37'45"E a distance of 188.92 feet; thence N76°20'50"E a distance of 82.66 feet; thence 426.09 feet along the arc of a 1400.00 foot radius curve to the left, the long chord of which bears N6r37'42"E a distance of 424.45 feet; thence N58°54'34"E a distance of 655.62 feet; thence N58°24'23"E a distance of 655.63 feet; thence N58°23'23"E a distance of 330.96 feet; thence N58°49'23"E a distance of 721.66 feet; thence N58°07'23"E a distance of 291.14 feet; thence N56°12'08"E a distance of 383.87 feet; thence N54°03'59"E a distance of 1557.69 feet; thence 288.11 feet along the arc of a 2600.00 foot radius curve to the right, the long chord of which bears N5r14'27"E a distance of 287.96 feet to a point of compound curvature; thence 350.00 feet along the arc of a 1800.00 foot radius curve to the right, the long chord of which bears N65°59'09"E a distance of 349.44 feet; thence N71°33'22"E a distance of 88.76 feet; thence 302.73 feet along the arc of a 1541.08 foot radius curve to the right, the long chord of which bears N77°11 '01"E a distance of 302.24 feet; thence N82°48'41"E a distance of 55.01 feet; thence 333.02 feet along the arc of a 1832.75 foot radius curve to the right, the long chord of which bears N88°01'00"E a distance of 332.55 feet; thence S 86°46'41"E a distance of 100.54 feet; thence 250.00 feet along the arc of a 1500.00 foot radius curve to the right, the long chord of which bears S82°00'12"E a distance of 249.71 feet to a point of compound curvature; thence 300.00 feet along the arc of a 2100.00 foot radius curve to the right. the long chord of which bears S73°08'10"E a distance of 299.74 feet; thence S69°02'37"E a distance of 504.61 feet; thence 1062.37 feet along the arc of a 1950.00 foot radius curve to the left, the long chord of which bears S84°39'04"E a distance of 1 049.28 feet; thence N79°44'29"E a distance of 565.76 feet to centerline station 1203+44.68 at the west line of Section 2 of Township 18 South, Range 10 East, W.M., thence leaving said centerline and along said section line SOoo08'53"W 732.62 feet to the 2-1/2" brass cap monumenting the corner common to Sections 1, 2,11 and 12 of Township 18 South, Range 10 East, W.M. Bearings are grid bearings based on the Deschutes County Surveyor's Office Central Oregon Coordinate System. The widths in feet of the strips of land above referred to are as follows: PARCEL 1 Station to Station Width in feet on Northerly (left) Side of Center Line 1102+00.00 1189+50.48 30 parallel with centerline 1189+50.48 1189+89.37 30 in a straight line to 54.47 1189+89.37 1190+67.27 54.47 in a straight line to 84.49 1190+67.27 1190+80.66 84.49 in a straight line to 51.85 1190+80.66 1190+42.73 51.85 in a straight line to 30 (continued on next page) J:\CAD\Projects \ RD 353 5-Skyliners \Deed s\Skyliner-18100000300-M 0 R RISON-lgl.docx Page 1 of 2 7/27/2012 EXHIBIT A Tax lot 18-10-00 300 PARCEL 1 (continued from previous page) Station to Station Width in feet on Northerly (left) Side of Center Line 1190+42.73 1203+44.68 30 parallel with centerline Containing 2717 square feet (0.06 acres) more or less lying within said SE % SE % of Section 2 and outside of the legalized right-ot-way of Skyliners Road. This tract is depicted as "CONSTRUCTION EASEMENT PARCEL 1" on the attached map titled "Exhibit "A-1" Sketch" which is incorporated herein by this reference. PARCEL 2 Station to Station Width in feet on Northerly (left) Side of Center Line 1102+00.00 1200+92.15 30 parallel with centerline 1200+92.15 1200+92.15 30 in a straight line to 58 1200+92.15 1201+40.11 58 parallel with centerline 1201 +40.11 1201+40.11 58 in a straight line to 30 1201 +40.11 1203+44.68 30 parallel with centerline Containing 1343 square feet (0.03 acres) more or less lying outside of the legalized right-of-way of Skyliners Road. This tract is depicted as "CONSTRUCTION EASEMENT PARCEL 2" on the attached map titled "Exhibit "A-2" Sketch" which is incorporated herein by this reference. The combined area of both construction easements is 4060 square feet (0.09 acres) more or less lying within said SE % SE % of Section 2 and outside of the legalized right-of-way of Skyliners Road. RENEWAL DATE: 12/311 13 J:\CAD\Projects\RD3535·Skyliners\Deeds\Skyliner·18100000300·MORRISON·lgl.docx Page 2 of 2 7/27/2012 1 I I Exhibl~LVA-1LV Sketch 181000 00 00303 (T1 8S,R1 OE, SEC. 2) CHELSEA TREES INC PO BOX 11 BEND OR 97709 Site Address: 16661 SKYLINERS RD BEND 97701 Vol-Page: 1988-1650392 1""&"""''''1..".."14 '''''#''''',,,6,,,'''''''''',,,,,-' &1 o 50 100 SCALE: 1" = 50' PORTION OF EASEMENT ACROSS CHELSEA TREES PROPERTY STA: STA: 1189+89.37 54.47 LT. RENEWAl DATE: 121J11lJ EXHIBIT "A-1" SKETCH 1 1 I I (/)1 t!fl ~I <I z w~(/)1-JO::: wO::: J:IOU:::E w1w ZIZ::J::J ~I~ 0:::10:::ww 2>12> 0::: 1 0::: 0..0.. I I 1 I (/)1 t!fl ~I Z<1°w(/) ~1i2wo::: J:loU:::E wlw ~I~-J-J ~I~ 0:::10::: ww 2>12> B:IB: I I I I I 181000 00 00300 (T18S,Rl0E, SEC. 2, SE 1/4 SE 1/4) CHALFANT MORRISON FAMILY TRUST MORRISON,CHRISTOPHER M CHALF ANT-MORRISON,DIANA LYNN MORRISON,CHRISTOPHER METAL TRUSTEES 16700 SKYLINERS RD BEND OR 97701 Site Address: 16700 SKYLINERS RD BEND 97701 Vol-Page: 2005-32684 STA: 1190+67.27 84.49 LT. CONSTRUCTION EASEMENT PARCEL 1 AREA = 2,717 sq. ft. 0.06 acres STA: 1190+80.66 OFFSET: 51.85 LT. 190+00 LT. 12717 f20'-1-+-15-=LT--.------o[--·-2------li13-=-4.:..=3'----__--1 l_TOTAL .4060 SKYLINERS RD. CONSTRUCTION EASEMENT C L 190+00 LT. DATE: 7/26/2012 1.........1""'''''1''''''1111",,',,''1.....,,..1'',,'''''1''''''1111''''''1111.......,,1'''.1""I o 50 100 SCALE: 1II = 50' 181000 00 00300 (T18S,R10E, SEC. 2, SE 1/4 SE 1/4) CHALFANT MORRISON FAMILY TRUST MORRISON,CHRISTOPHER M CHALFANT -MORRISON,DIANA LYNN MORRISON,CHRISTOPHER METAL lRUSTEES 16700 SKYLINERS RD BEND OR 97701 Site Address: 16700 SKYLINERS RD BEND 97701 Vol-Page: 2005-32684 CONSTRUCTION STA: 1200+92.15 58.00 LT. STA: 1200+92.15 30.00 LT. R/W LINE . '200 +00 \ ~\ o. R/W LINE - EASEMENT PARCEL 2 AREA = 1,343 sq. ft. 0.03 acres B.OO LT. STA: 1201+40.11 0.00 LT. ---- MORRISON TOTAL EASEMENT AREAS CONSTRUCTION C/L STATION PARCEL AREA (SQ.FT) 190+00 LT. 1 2717 201+15 LT. 2 1343 TOTAL 4060 EXHIBIT "A-2" SKETCH -SKYLINERS RD. CONSTRUCTION EASEMENT SHEET 2 OF 2 RENEWAL DATE: 121311/ ~ STA: 1201+40.11