HomeMy WebLinkAboutDoc 195 - Acess - Swalley - ODOTDeschutes County Board of Commissione s
1300 NW Wall St., Suite 200, Bend, OR 97701-19f 0
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 17, 2010
Please see directions for completing this document on the next page.
DATE: March 5, 2010
FROM: Teresa Rozic Property and Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2010-195 an Indenture of Access between Deschutes
County and the State of Oregon Department of Transportation.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Swalley Irrigation District is building a hydroelectric facility on an existing canal on County-owne 1
land. The property is on the west side of Hwy 97, approximately eight miles north of Bend (see
attached map). Swalley's access to the canal is from Hwy 97. Swalley's plan to reach the hydro plaint is
to abandon the existing access on the north side of the canal and replace it with a new, gated and
surfaced access on the south side of the canal (see attached drawing).
Swalley applied to ODOT for a new State Highway Approach. ODOT responded with a request fc r an
Indenture of Access. An "indenture" is ODOT's process to move or modiy an existing access right.
ODOT considers the existing access a "common law abuter's right" because it predates the legislation
that enables ODOT to control access on public highways. In this case, ODOT will modify the historic
"abutter's right" by closing it; the new access will replace it.
Deschutes County owns fee title to the real property encumbered by Swalley's easement. ODOT
requires that the property owner and the applicant sign the Indenture of Access.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2010-195.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic for transmittal to Swalley Irrigation District.
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: March 5, 2010' Department:
Property and Facilities
Contractor/Supplier/Consultant Name: ,Oregon Dept. of Transportation
Contractor Phone #: 503.986.3617
Contractor Contact:
Jackie Henderson
Type of Document: Indenture of Access
Goods and/or Services: Abandon an existing highway access point on County -owned
land.
Background & History: Swalley Irrigation District is building a hydroelectric facility on
an existing canal on County -owned land. Swalley's access to the canal is from Hwy 97.
Swalley's plan to reach the hydro plant is to abandon the existing access on the north
side of the canal and replace it with a new, gated and surfaced access on the south side
of the canal.
Swalley applied to ODOT for a new State Highway Approach. ODOT responded with a
request for an Indenture of Access. An "indenture" is ODOT's process to move or
modify an existing access right. Deschutes County owns fee title to the real property
encumbered by Swalley's easement. ODOT requires that the property owner and the
applicant sign the Indenture of Access.
Agreement Starting Date: Upon signature, Ending Date:
Annual Value or Total Payment:
❑ Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes D No
318/2C 10
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: Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: [Teresa Rozic Phone #:
385-1414
Department Director Approval: �/-= ' f' `-- 3 /5070 16
Signature Date
Distribution of Document: Original to Teresa Rozic for transmittal back to Swalley
Irrigation District.
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
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SHEET IDENTIFICATION SYSTEM
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INDENTURE OF ACCESS
THIS INDENTURE, made and executed this
File 6032021
Drawing 96-33-5
day of , 20 , by and between the
STATE OF OREGON, by and through its DEP ARTMENT OF TRANSPORTATION, hereinafter called "State", and
DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter called "Owner"; and SW ALLEY
IRRIGATION DISTRICT, hereinafter called "Interestholder".
WHEREAS, State by Correction Deed recorded July 23, 1992, in Book 271, Page 2042, Records of Deschutes
County, Oregon, acquired certain property; which Correction Deed, in part, reserved access rights, for the servic of the
grantor's remaining property, to and from the West side of the The Dalies-California Highway, opposite Engineer's: Station
563+18, (Reserved Access Rights); and
WHEREAS, Owner (Deschutes County), by Deed recorded February 23, 1999, Volume 1999, Page 8948, records
of Deschutes County, Oregon, acquired fee title to that portion of said remaining property affected by the access ;hanges
herein made; and
WHEREAS, by United States Patent No. 1119957 recorded October 2, 1945, Book 69, Page 275, a right of Nay was
reserved for ditches or canals over and across that portion of said remaining property affected by the access changes
herein made, and Swalley Irrigation District is Interestholder in said canal right of way; and
WHEREAS, Owner has requested that Owner's Reserved Access Rights set out above be terminated, and that
access rights be substituted; therefore to and from the West side of said highway opposite Engineer's Station 564+73, in a
width of 20 feet, (New Access Rights); and
RETURN TO
OREGON DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY SECTION
355 CAPITOL STREET NE, ROOM 420
SALEM OR 97301-3871
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DC 2010 • 195
File 6032021
Drawing 9B-33-5
WHEREAS, Swalley Irrigation District, as Interestholder affected by this change in access, is in agreement with
Owner's stated request; and
WHEREAS, State is agreeable to the granting of Owner's request.
NOW THEREFORE, THIS INDENTURE WITNESSETH, that for and in consideration of the grant herein made by
State, OWNER does convey unto State, its successors and assigns, Owner's Reserved Access Rights as set fort above.
Swalley Irrigation District as interestholder affected by this change in access, does also convey unto State, its suc cessors
and assigns, the Reserved Access Rights set forth above. STATE, in consideration of the relinquishment and w, Irranties
herein made, does grant New Access Rights as set forth above unto Owner and Owner's heirs, successors and ass,gns and
to Interestholder and Interestholder's heirs, successors and assigns.
The other remaining provisions in the above-mentioned Warranty Deed to State shall remain in full force al d effect,
and the access rights herein granted shall be subject to all the provisions of said Warranty Deed, as fully as if set forth
herein.
Owner and Interestholder represent and warrant that no one, other than Owner and Interestholder, is using or
entitled to use the Reserved Access Rights herein relinquished.
The New Access Rights granted herein are subject to, and may only be exercised in accordance with, the statutes
and administrative rules applicable to access control and road approaches. Such access is contingent upon issuance of an
approach road permit, and no access rights may be exercised or construction of an approach road begun unless, and until, a
standard Approach Road Permit application is submitted and a permit issued by the Oregon Department of Transportation.
The approach road may only be constructed or maintained upon issuance of such permit and in accordance with such
permit. If the State constructs the approach road during a highway project, Grantor is required to sign a standard Approach
Road Permit to ensure proper operation and maintenance of the approach road.
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File 6032021
Drawing 9B-33-5
In construing this document, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this document shall apply equally to corporations and to individuals.
IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first written a Dove_
ATTEST:
County Clerk
2/22/2010
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Deschutes County
Document No. 2010-195
STATE OF OREGON, by and through its
DEPARTMENT OF TRANSPORTATION
By
Deolinda G. Jones, State Right of Way Manage r
DATED this Day of 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
ATTEST:
Recording Secretary
SWALLEY IRRIGATION DISTRICT
By
President
By
Secretary anager
File 6032021
Drawing 93-33-5
STATE OF OREGON, County of Marion
Dated , 20 . Personally appeared Deolinda G. Jones, who being sworn, stated that
she is the State Right of Way Manager for the State of Oregon, Department of Transportation, and that this document was
voluntarily signed on behalf of the State of Oregon by authority delegated to her. Before me:
STATE OF OREGON, County of
Notary Public for Oregon
My Commission expires
Dated , 20 . Personally appeared
, and , who,
being sworn, stated that they are the Chairperson, County Commissioners and County Clerk of Deschutes County, a political
subdivision of the State of Oregon and Swalley Irrigation District, and that this instrument was voluntarily signed on behalf of
the County by authority of an order of the Board of Commissioners. Before me:
Notary Public for Oregon
My Commission expires
2/22/2010
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File 6032021
Drawing 9B-33-5
STATE OF OREGON, County of
Dated , 20 . Personally appeared and
who, being swom, stated that they are the
for the Swalley Irrigation District, and that this instrument was voluntaril 1
signed on behalf of the District by authority of an order of its Board. Before me:
Notary Public for Oregon
My Commission expires
2/22/2010
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and