HomeMy WebLinkAboutDoc 294 - Deed - Right of Way - RickardDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 22, 2011
Please see directions for completing this document on the next page.
DATE: June 13, 2011
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2011-294, An Acceptance Deed for Right of Way on
Rickard Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On February 22, 2011, the Board of County Commissioners signed Resolution No 2011-014. approving
the acquisition of right-of-way on Rickard Road. The reason for the right-of-way acquisition was that
there are several power poles located on Rickard Road (classified as a rural collector) east of Gosnev
Road that are too close to the pavement and are a liability for the County if they would ever be hit by a
motorist. The County has a policy of maintaining a 10 foot clear zone from the edge of the travel lane
on County roads and several of these poles are within 2 - 3 feet of the travel lane (see attached photo).
The Road Department worked with Central Electric to get these poles relocated back to the edge of the
right-of-way but when research was done on the existing right-of-way, it was discovered that the width
of the right-of-way was only 40 feet, 20 feet each side of centerline. Based on this information, it vas
determined that unless another 10 feet of right-of-way was aquired, Central Electric would be unable to
move the poles out of the clear zone. Normal right-of-way width for County roads is 60 feet therefore
this right-of-way will be needed in the future if the road is ever widened out to current collector road
standards. The Road Department, through their right-of-way agent performed the necessary appraisals
and worked with Jon L. Sullivan, the owner of the 10 foot strip to come up with the fair market value of
$13.200 for this parcel. Signature of the Acceptance Deed will finalize the process and create the
public right-of-way.
FISCAL IMPLICATIONS:
The amount of $13,200 required for the purchase of the property is budgeted in the 2010 - 11 Fiscal
Year. The cost of moving the power poles will be at the expense of Central Electric Co-op.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2011-294, accepting the right-of-way dedication
on Rickard Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila Odle (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.)
Date:
June 13, 2011
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
Department:
Jon L. Sullivan
Road
Contractor Phone #:
541-998-6888
Type of Document: Dedication Deed/Acceptance Deed for right-of-way dedication on
Rickard Road
Goods and/or Services: 10 foot strip of right-of-way
Background & History: On February 22, 2011, the Board of County Commissioners
signed Resolution No 2011-014, approving the acquisition of right-of-way on Rickard
Road. The reason for the right-of-way acquisition was that there are several power
poles located on Rickard Road (classified as a rural collector) east of Gosney Road that
are too close to the pavement and are a liability for the County if they would ever be hit
by a motorist. The County has a policy of maintaining a 10 foot clear zone from the
edge of the travel lane on County roads and several of these poles are within 2 - 3 feet
of the travel lane (see attached photo). The Road Department worked with Central
Electric to get these poles relocated back to the edge of the right-of-way but when
research was done on the existing right-of-way, it was discovered that the width of the
right-of-way was only 40 feet, 20 feet each side of centerline. Based on this
information, it was determined that unless another 10 feet of right-of-way was aquired,
Central Electric would be unable to move the poles out of the clear zone. Normal right-
of-way width for County roads is 60 feet therefore this right-of-way will be needed in the
future if the road is ever widened out to current collector road standards. The Road
Department, through their right-of-way agent performed the necessary appraisals and
worked with Jon L. Sullivan, the owner of the 10 foot strip to come up with the fair
market value of $13,200 for this parcel.
Agreement Starting Date:
6/22/2011
Annual Value or Total Payment:
$13,200
Ending Date:
Insurance Certificate Received (check box)
Insurance Expiration Date:
N/A
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
5/20/2011
Funding Source: (Included in current budget? X] Yes [ I No
If No, has budget amendment been submitted? 1 I Yes 1 1 No
Is this a Grant Agreement providing revenue to the County? ❑ Yes I I 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: I I Yes I I 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:
Signature
671/2_.
Date
Distribution of Document: Copy to Sheila Odle (ext. 7148) at the Road Department
after recording.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
5/20/2011
REVIEWED
LEGAL COUNSEL
After recording return to:
Deschutes County Road Dept.
61150 S.E. 27th Street
Bend, Oregon 97701
For Recording Stamp Only
DEED OF DEDICATION
JON L. SULLIVAN, Grantor, does hereby dedicate to the public for roadway and utility
purposes that parcel of land described in Exhibit "A", attached hereto and by this reference
incorporated herein.
The true consideration for this conveyance is $13,200.00.
DATED this % / day of .--)"'7 a-..1_,
, 2011
Jon L, Sullivan
STATE OF OREGON
`` ) ss
County of 4—�`►v )
Before me, a Notary Public, personally appeared Jon L. Sullivan and acknowledged
the foregoing instrument.
Dated this f l — day of VVl 2011
OFFICIAL SEAL
T A BERGOLD
NOTARY PUBLIC - OREGON
COMMISSION NO. 419105
MY COMMISSION EXPIRES SEPT. 9, 2011
DC 2011-243
NOTARY PUBLIC FOR OREGO
My Commission Expires: '
PAGE 1 OF 2
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 , 2011
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE -CHAIR
ATTEST:
ALAN UNGER, COMMISSIONER
Recording Secretary
STATE OF OREGON
ss
County of Deschutes
Before me, a Notary Public, personally appeared Tammy Baney, Anthony DeBone,
and Alan Unger, 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 , 2011
NOTARY PUBLIC FOR OREGON
My Commission Expires:
DC 2011-243 PAGE 2 OF 2
EXHIBIT A
A ten (10) foot wide strip of land located in the Northeast Quarter of Section 20.
Township 18 South, Range 13 East of the Willamette Meridian, Deschutes County,
Oregon, and being more particularly described as follows:
A strip of land bounded on the north by a line 20 feet southerly of and
parallel with the north section line of said Section 20 and bounded on the
south by a line 30 feet southerly of and parallel with the north section line
of said Section 20 and bounded on the west by the easterly 30 foot right-
of-way line of Gosney Road and bounded on the east by the prolongation
of the east line of the property described in that deed recorded in 2003 in
Volume 2003, Page 37996, Deschutes County Official Records. This strip
of land is depicted on the attached map titled "Exhibit "A" Sketch" which
is incorporated herein by this reference.
Containing 1 9,203 square feet (0.44 acres) more or less
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