HomeMy WebLinkAboutDoc 151-152 - EasementsDeschutes County Board of Commissioners
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 September 7, 2011
Please see directions for completing this document on the next page.
DATE: August 29, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2011-131, a Farm and Forest Management
Easement and Document 2011-132, a Waiver of Remonstrance.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Tumalo Irrigation District ("TID") owns several parcels of land which they want to partition. The
TID land is adjacent to a County-owned 40-acre parcel (see attached map). In 2005, TID and the
County entered into an Intergovernmental Agreement whereby TID would provide assistance to
prepare an application to partition the County-owned land in exchange for the County dedicating a
portion of its land for access to benefit all the parcels. The partition will increase the value of the
County-owned land.
In October 2009, Deschutes County received approval of a partition to divide the 40-acre parcel into
two nonfarm parcels in the Exclusive Farm Use zone. It is a tentative approval pending completion
of several conditions and final plat approval. The conditions must be met by March 2012, or the
approval becomes void.
One of the conditions of approval is to sign and record the waiver listed under DCC 18.16.050 for
adjacent farm and forest uses. The waiver, a Farm and Forest Management Easement, binds the
landowner and its successors in interest, prohibiting them from pursuing a claim for relief alleging
injury from farming practices. The requirement comes from State law that recognizes potential
conflicts when residential uses expand on to agricultural resource areas.
Another condition is to sign and record a Waiver of Remonstrance for surface mining Site No. 357.
It is a statement that the property owner and its successors in interest will not now or in the future
complain about allowed surface mining activities on the nearby site. The proposed building site
envelope locations are more than one-quarter mile from the boundary of the mining site. The
reclamation of mine site No. 357 may not be completed until two or three years from the partition
decision.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Statr recommends signature of Documenta 2011-131 and 2011-132.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Originals to Teresa Rozic for recording with the County Clerk.
-----
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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: !8/29/20111 Department: !Property & Facilities!
Contractor/Supplier/Consultant Name: ~
Contractor Contact: ~ Contractor Phone #:
Type of Document: Farm and Forest Management Easement
Goods and/or Services: NIA
Background & History: Tumalo Irrigation District ("TID") owns several parcels of land
which they want to partition. The TID land is adjacent to a County-owned 40-acre
parcel. In 2005, TID and the County entered into an Intergovernmental Agreement
whereby TID would provide assistance to prepare an application to partition the County
owned land in exchange for the County dedicating a portion of its land for access to
benefit all the parcels. The partition will increase the value of the County-owned land.
In October 2009, Deschutes County received approval of a partition to divide the 40
acre parcel into two nonfarm parcels in the Exclusive Farm Use zone. It is a tentative
approval pending completion of several conditions and final plat approval. The
conditions must be met by March 2012 or the approval becomes void.
One of the conditions of approval is to sign and record the waiver listed under DCC
18.16.050 for adjacent farm and forest uses. The waiver, a Farm and Forest
Management Easement, binds the landowner and its successors in interest, prohibiting
them from pursuing a claim for relief alleging injury from farming practices. The
requirement comes from State law that recognizes potential conflicts when residential
uses expand on to agricultural resource areas.
Agreement Starting Date: !Upon signature, Ending Date: !None
Annual Value or Total Payment: !Nonei
D Insurance Certificate ReCeiVjd (ChjCk 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)
8/30/2011
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? Yes o No
Is this a Grant Agreement providing revenue to the County? 0 Yes 0 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: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Teresa Rozic Phone #: 385-1414L/L
'{ Signature Date
Distribution of Document:
Original to Teresa Rozic for recording with the County Clerk.
Official Review:
County Signature Required (check one): D SOCC Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-'
Legal Review Date
Document Number 2011-131
8/30/2011
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
Return To: Paul Blikstad
Community Dev. Dept.
FARM AND FOREST
MANAGEMENT EASEMENT
Deschutes County, herein called the Grantor is the owner of real property described as the
South one-half of the South one-half of the Southeast Quarter of Section 25, Township 16 S,
Range 11 E, WM, Deschutes County, Oregon, and identified or depicted on Deschutes County
Assessor's Map 16-11-25, as tax lot 1200. In accordance with the conditions set forth in the
decision of the Deschutes County Planning Division and Hearings Officer on application Nos.
CU-09-47/CU-09-51/MP-09-16, approving Conditional Use Permits and a Partition, Grantor
hereby grants to the owner(s) of all property adjacent to the above described property
(Grantees), a perpetual non-exclusive farm and forest practices management easement as
follows:
1. The Grantors, their heirs, successors, and assigns hereby acknowledges by the
granting of this easement that the above-described property is situated in a designated
farm zone in Deschutes County, Oregon, and may be subjected to conditions resulting
from farming or forest practices on adjacent lands. Such operations include
management and harvesting of timber, disposal of slash, reforestation, application of
chemicals, road construction and maintenance, by raising, harvesting and selling crops
or by the feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products
or any other agricultural or horticultural use or animal husbandry or any combination
thereof, and other accepted and customary farm and forest management activities
conducted in accordance with Federal and State Laws. Such farm or forest
management activities ordinarily and necessarily produce noise, dust, smoke, and
other conditions that may conflict with Grantor's use of Grantor's property for residential
purposes. Grantors hereby waive all common law rights to object to normal, non
negligent farm and forest management activities legally conducted on adjacent lands
that may conflict with Grantors use of Grantor's property for residential purposes, and
Grantors hereby gives an easement to the adjacent property owners for the resultant
impact on Grantor's property caused by the farm and forest management activities on
adjacent lands.
2. Grantors shall comply with all restrictions and conditions for maintaining residences in
farm and forest zones that may be required by State, Federal, and local land use laws
and regulations. Grantors shall comply with all fire safety regulations developed by the
Oregon Department of Forestry for residential development within a forest zone.
This easement is appurtenant to all property adjacent to the above-described property, and
shall bind the heirs, successors, and assigns of Grantors, and shall endure for the benefit of
the adjacent landowners, their heirs, successors, and assigns. The adjacent landowners, their
Document 2011-131 Page 1
File: CU-09-47/CU-09-51/MP-09-16 DC 2011 .. 131
heirs, successors, and assigns are hereby expressly granted the right of third-party
enforcement of this easement.
DATED this __day of _____, 2011.
DESCHUTES COUNTY COMMUNITY
DEVELOPMENT,BEND,OREGON
Nick Lelack, Planning Director
STATE OF OREGON }
} ss
County of Deschutes }
BEFORE ME, as Notary Public, personally appeared Nick Lelack, the above named Planning
Director of Community Development of Deschutes County, and acknowledged the foregoing
instrument on behalf of Deschutes County, Oregon, this day of , 2011.
Notary Public for Oregon
My Commission Expires: _____
DATED this __day of March, 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
ATTEST: Anthony DeBone. Vice Chair
Recording Secretary Alan Unger, Commissioner
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 March. 2011.
My Commission Expires: ________
Notary Public for Oregon
Document 2011-131 Page 2
File: CU-09-47/CU-09-51/MP-09-16
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: 18/29/20111 Department: IProperty &Facilitiesl
Contractor/Supplier/Consultant Name: IN/~
Contractor Contact: iNIAl Contractor Phone #: ~
Type of Document: Easement (Waiver of Remonstrance)
Goods and/or Services: NIA
Background & History: Tumalo Irrigation District ("TID") owns several parcels of land
which they want to partition. The TID land is adjacent to a County-owned 40-acre
parcel. In 2005, TID and the County entered into an Intergovernmental Agreement
whereby TID would provide assistance to prepare an application to partition the COLinty
owned land in exchange for the County dedicating a portion of its land for access to
benefit all the parcels. The partition will increase the value of the County-owned land.
In October 2009, Deschutes County received approval of a partition to divide the 40
acre parcel into two nonfarm parcels in the Exclusive Farm Use zone. It is a tentative
approval pending completion of several conditions and final plat approval. The
conditions must be met by March 2012 or the approval becomes void.
One of the conditions of approval is to sign and record a waiver of remonstrance for
surface mining Site No. 357. It is a statement that the property owner and its
successors in interest will not now or in the future complain about allowed surface
mining activities on the nearby site. The proposed building site envelope locations are
more than one-quarter mile from the boundary of the mining site. The reclamation of
mine site No. 357 may not be completed until two or three years from the partition
decision.
Agreement Starting Date: IUpon signaturel Ending Date: INon~
Annual Value or Total Payment: INon~
D Insurance Certificate Received (check box)
Insurance Expiration Date: I I
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)
8/30/2011
______ ____ _
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? Yes 0 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: 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: .....".....L"'-"ccl_c~ <6(~O (dDl ,
Signature Date
Distribution of Document:
Original to Teresa Rozic for recording with the County Clerk.
Official Review:
County Signature Required (check one): 0 BOCC Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____t
Legal Review Date
Document Number 2011·132
8/30/2011
REVIEWED
LEGAL COUNSEL
Retum to: Paul Blikstad
Community Dev. Dept.
EASEMENT
(WAIVER OF REMONSTRANCE)
As a condition of the grant of development approval pursuant to Chapter 18.56 of the
Deschutes County Code for Tax Lot 1200 of Township 16S. Range 11E. W.M .• Section
25. and further described as the South one-half of the South one-half of the Southeast
Quarter (S~ S~ SEY..) of Section 25. Township 16S. Range 11E, WM. Deschutes
County, Oregon (hereafter referred to as "burdened property") Grantorls hereby grantls
andlor relinquish/es to the owners of record of the property described as the North
One-half (N ~), the Southwest One-quarter (SW Y..), and the North One-half of the
Southeast One-quarter (N ~SE Y..) of Section 36. Township 16 South. Range 11 East
of the Willamette Meridian, Deschutes County, Oregon (hereafter referred to as the
"benefited property"). as grantee/s, any and all rights of remonstrance or protest that
he/they may have by virtue of ownership of the burdened property or othe!)Vise to the
visual, noise. dust. reclamation. traffic and any other similar impacts from the following
protected activities:
(1) Surface mining activities lawfully conducted in connection with a pre-existing
mine, as that term is defined in Section 18.52.160(B) of the Deschutes County
Code. on the benefited property; or
(2) Surface mining activities that might be lawfully conducted in the future on the
benefited property under County or State permits or exemptions.
Grantor/s acknowledges that by virtue of such grant helthey have no remaining rights
to complain or protest about the protected activities described above.
This Waiver of Remonstrance Easement runs with the land and is binding upon the
heirs, successors and assigns of the undersigned's interest in the burdened property or
any persons acquiring through the undersigned an interest in the burdened property.
DATED this __day of March. 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
ATIEST: Anthony DeBone, Vice Chair
Recording Secretary Alan Unger, Commissioner
STATE OF OREGON
ss.
DC 2011-132