HomeMy WebLinkAboutDoc 240 - Deed - Hurtley-Emerald Valley Rds❑ ..s a.. -<
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1969)
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 28, 2010
Please see directions for completing this document on the next page.
DATE: April 6, 2010
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2010-240, A Dedication deed and Acceptance deed fol the
Extension of Hurtley Ranch Road with Emerald Valley Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In January of 2009, the Road Department was approached by the Panoramic Access Special Road
District concerning the status of the dirt track located on County property that connected Emerald
Valley Road with Hurtley Ranch Road. The Road District was interested in getting this dirt track
improved so that it could be used for ingress/egress in case of a fire and also serve as a secondary
access for the residents of the Panoramic Estates subdivision. The subdivision consists of 146 lots z.nd
the only access for all of these lots was onto Camp Polk Road so there was a need for a secondary
access. Research indicated that there was no right-of-way across the County parcel therefore a
condition use permit would have to be applied for. The Road Department applied for a conditional Ise
permit to allow the road to be improved to minimum County standard and they received approval fr )m
the Hearings Office for this land use on November 3, 2009. Two of the conditions of approval were as
follows:
1. The road was to be improved to the County standard for partitions which is a surface width of
twenty (20) feet with five (5) inches of aggregate surfacing. This was completed March 31, 2010 w th
the Road District paying for 1/3 of the construction costs and a FEMA grant paying for 2/3 of the
construction costs.
2. Upon completion of the road improvements, the Road Department shall submit a Dedication Deed
and legal description of the land to be dedicated to the Deschutes County Board of Commissioners.
Signature of the Deed of Dedication and the Acceptance Deed will satisfy this condition.
FISCAL IMPLICATIONS:
None. The maintenance of the road will be the responsibility of the Panoramic Access Special Roac
District
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document 2010-240
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Wanda Kunz (ext. 7103) 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:
April 6, 2009
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
Type of Document:
Department:
Road
Deschutes County
Contractor Phone #:
Dedication Deed/Acceptance Deed for the Extension of Hurtley
Ranch Road to Emerald Valley Road
Goods and/or Services:
Provides for a public right-of-way across County property to
allow emergency/secondary access to the Panoramic View Estates Subdivision
Background & History: In January of 2009, the Road Department was approached
by the Panoramic Access Special Road District concerning the status of the dirt track
located on County property that connected Emerald Valley Road with Hurtley Ranch
Road. The Road District was interested in getting this dirt track improved so that it
could be used for ingress/egress in case of a fire and also serve as a secondary access
or the residents of the Panoramic Estates subdivision. The subdivision consists of 146
lots and the only access for all of these lots was onto Camp Polk Road so there was aJ
need for a secondary access. Research indicated that there was no right-of-way across
he County parcel therefore a condition use permit would have to be applied for. The
Road Department applied for a conditional use permit to allow the road to be improved
o minimum County standard and they received approval from the Hearings Office for
his land use on November 3, 2009. Two of the conditions of approval were as follows:
1. The road was to be improved to the County standard for partitions which is a surface
idth of twenty (20) feet with five (5) inches of aggregate surfacing. This was
completed March 31, 2010 with the Road District paying for 1/3 of the construction
costs and a FEMA grant paying for 2/3 of the construction costs.
2. Upon completion of the road improvements, the Road Department shall submit a
Dedication Deed and legal description of the land to be dedicated to the Deschutes
County Board of Commissioners. This Deed of Dedication and the Acceptance Deed
ill satisfy this condition.
Agreement Starting Date:
Upon Signature
Annual Value or Total Payment:
N/AJ
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
N/A1
4/5/2010
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 ❑ 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: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
541-322-7113
George Kolb, PE
Department Director Approval: 7,
Signature
Phone #:
D to
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 Wanda Kunz (ext. 7103) at 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
Document Number
Date
4/5/2010
Hurtley Ranch Rd Area
Panoramic Access Special Road District
Legend
Terdots
.g_ County Routes
S Primary Highway
s Medal
® Collector
Local
• Road in Question
Special Road District
County Texlots
— — SECTION LINE
---• TOWNSHIP/RANGE LINE
0 Golf Course
0
0.25
0.5
May 0.75 Miles
DATE: 11, 2009
The inform IW an Ihl. imp wee derived horn dg..l dsaMee. m
Deschutes County'. G.I.S. C. we. Wen in the mention of this
map, butt is provided tis Is". Deschees County cannot accept my
responsibility for mors, orrisslone. or positional amlracy {n the dgret
dee or the underlying r.earde. There ere nowwra ies .rage. or
implied, inducing tine warranty elrnerchirdatiQy or fitness for ■
perticul.r purpose, accanp.nying itis product. However, notification
deny errors wtl be appreciated.
...tlDeschutes County Rodd Dep. tment
John Mdtrsan. 51' Speciaist
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DEED OF DEDICATION
Deschutes County, a political subdivision of the State of Oregon„ Grantor, does hereby
dedicate to the public for roadway and utility purposes that parcel of land described i
Exhibits "A" attached hereto and by this reference incorporated herein.
DATED this day of , 2010.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
STATE OF OREGON )
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Dennis R. Luke, 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 , 2010.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
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 , 2010.
ATTEST:
Recording Secretary
STATE OF OREGON
County of Deschutes
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
) SS.
Before me, a Notary Public, personally appeared Dennis R. Luke, 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 , 2010.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
PAGE 2 OF 2 - DEDICATION AND ACCEPTANCE
Exhibit "A"
1 of 2
Hurtley Ranch Road Extension Description
A strip of land lying in the SE 1/4 SW 1/4 of Section 31, Township 14 South, Range 11 E
of the Willamette Meridian, Deschutes County, Oregon and being more particularly
described as follows:
Commencing at the South 1/4 corner of said section 31, a 1/2" rebar with a 3"
aluminum cap stamped "PLS 1938, 1989", thence along the south line of said
section N89°30'14"W a distance of 621.34 feet to the east right-of-way line of
Hurtley Ranch Road as retraced in the survey filed at the Deschutes County
Surveyor's Office as "CS 15516", the Point of Beginning, from which a 5/8"
rebar with a 2" aluminum cap stamped "DCRD LS 2390" monumenting the E-
W 1/64 corner of section 31 bears N89°30'14"W a distance of 30.00 feet;
thence leaving said section line and along the prolongation of said CS 15516
right-of-way line N00°24'34"W a distance of 584.56 feet to the prolongation of
the north right-of-way line of Emerald Valley Road as shown on Partition Plat
PP 2000-68; thence along said prolongation of said PP 2000-68 right-of-way
line N89°56'23"W a distance of 603.08 feet to the east line of Partition Plat PP
2000-68 at the southeast corner of Parcel 1 of Partition Plat 2002-4 (from which
a bent 3/4" pipe with a yellow plastic cap marked "Povey Assoc." bears
S89°56'23"E a distance of 0.31 feet); thence along the east line of PP 2000-68
S00°19'00"W a distance of 60.00 feet; thence leaving said east line
S89°56'23"E a distance of 424.82 feet; thence 187.51 feet along the arc of a
120.00 foot radius curve to the right, the long chord of which bears
S45°10'29"E a distance of 169.01 feet; thence S00°24'34"E a distance of
405.08 feet to the south line of Section 31; thence along said south line
S89°30' 14"E a distance of 60.00 feet to the Point of Beginning. Containing
70,699 square feet (1.62 acres) more of less. Bearings are based on the
Deschutes County Surveyor's Office Central Oregon Coordinate System. This
strip of land is depicted on the attached map titled "Map of Hurtley Ranch
Road Extension" which is incorporated herein by this reference.
REG S TIRED
PROFESSIONAL
LAND SURVEYOR
Resta Y '=.. [ATE: 12/91111
J:\CAD\Projects\W612-Hurtley Ranch Rd Extension\docs\w612-Hurtley Ranch Road Extension Description-Igl.doc
12/2/2009 9:43:37 AM
mjb
— NORTH LINE OF EMERALD VALLEY
ROAD PER PARTITION PLAT PP
2000-68
PARCEL 1
PP 2002-4
N 89'56' 23"W
S00.19'00"W
60.00'
PARCEL 3
PP 2000-68
HATCHING =
Exhibit "A"
2 of 2
WEST LINE OF PARTITION PLATS PP
2000-68 & 2002-4
FOUND 3/4" PIPE W/ "POVEY
ASSOC." YELLOW PLASTIC CAP
LEANING EASTERLY. NOT HELD.
PIPE BEARS S89'56'23"E 0.31'
FROM CALCULATED SE CORNER OF
PARCEL 1, PP 2002-4
N89'56'23"W 603.08'
S89'56'23"E 424.82'
R=120.00'
L=187.51'
Tan=119.02
X89'31'48"
Chord: S45'10'29"E
169.01'
AREA TO BE DEDICATED
SEC. 31, T. 14 S., R. 11 E.
O
0
c.
0
cn
0
03
SEC. 6, T. 15 S., R. 11 E.
S89'30' 14"E
30.00'
E—W 1/64 CORNER:
FOUND 2" ALUM. CAP STAMPED
"DCRD LS2390" 0.2' DOWN IN
GRAVEL PER SURVEY CS15703
L.JULY 26, 1989
MICHAEL J. BERRY
2390
RENEWAL DATE: 12-31-11
REGISTERED
PROFESSIONAL
LAND SURVEYOR 0
OREGo$N +'
i
vel A3112:1f1H
O
D
M„ -K,-17Z.00N
TAX LOT
141131C000100
DESCHUTES
COUNTY
PROLONGATION OF NORTH LINE OF
EMERALD VALLEY ROAD PER
PARTITION PLAT PP 2000-68
PROLONGATION OF EAST LINE
OF HURTLEY RANCH ROAD
PER SURVEY CS15516
SOUTH 1/4 CORNER SECTION 31:
1/2" REBAR WITH 3" DIA. ALUM.
CAP STAMPED:
�T14S\.
1/4 S 31 R,
S 6 E
T15S
PLS9819938
N89'30'14'W 621.34'
P.O.B.
589'30'14"E 30.00'
EAST LINE OF HURTLEY
RANCH ROAD PER
SURVEY CS15516
MAP OF HURTLEY RANCH ROAD EXTENSION
_31
6
PROPOSED ROAD DEDICATION
DESCHUTES COUNTY ROAD DEPARTMENT
SCALE: 1"=200'
DRAWN BY: M.J.B.
DATE: 8/7/2009
61150 S.E. 27TH STREET, BEND, OR. 97702 FILE: w612 BASE.dwg
J:\CAD\Projects\W612—Hurtley Ranch Rd Extension\dwg\w612 BASE.dwg
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