HomeMy WebLinkAboutDoc 624 - Accept Road Easement66:101 -Es
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Deschutes 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 22, 2010
Please see directions for completing this document on the next page.
DATE: September 14, 2010
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2010-624, Acceptance of a Public Road Easement on
Deschutes Markert Road from the U.S. Department of Agriculture, Forest Service (USFS)
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The USFS is in the process of relocating their Forest Headquarters on the old Pine Nursery property
located off of Deschutes Market Road. As a result of the increased traffic generated by the new
headquarters building, the USFS is required to build a left turn lane on Deschutes Market Road. The
existing 60 foot wide right-of-way is not sufficient for the construction of the turn lane so the USFS is
dedicating an additional 10 feet of right-of-way along the east boundary of their property. This
dedication will allow them to construct the necessary improvements without affecting the privately
owned properties on the east side of Deschutes Market Road.
FISCAL IMPLICATIONS:
None - all design and costruction of the turn lane is being financed by the USFS. The Road Department
will inspect the improvements and will be paid for the inspection services by the USFS.
RECOMMENDATION & ACTION REQUESTED:
Suggested motion: move Board signature of Document No. 2010-624.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Document is to be recorded with a copy to Sheila Odle (ext. 7148) at the Road Department
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:
Please complete all sections above the Official Review line.
September 14, 2010
Contractor/Supplier/Consultant Name:
Contractor Contact:
5623
Rick Collins
Department:
US Forest Service
Type of Document: Public Road Easement
Road
Contractor Phone #:
541 -383 -
Goods and/or Services: Provides an additional 10 feet of right-of-way on Deschutes
Market Road along the east boundary of the Forest Service property (Pine Nursery).
Background & History: The USFS is in the process of relocating their Forest
Headquarters on the old Pine Nursery property located off of Deschutes Market Road.
As a result of the increased traffic generated by the new headquarters building, the
USFS is required to build a left turn lane on Deschutes Market Road. The existing 60
foot wide right-of-way is not sufficient for the construction of the turn lane so the USFS
is dedicating an additional 10 feet of right-of-way along the east boundary of their
property. This dedication will allow them to construct the necessary improvements
without affecting the privately owned properties on the east side of Deschutes Market
Road.
Agreement Starting Date:
9/22/10
Annual Value or Total Payment:
N/A1
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)
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
9/14/2010
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: George Kolb, PE Phone #:
541-322-7113
Department Director Approval: .�.,4.„&-•_
Signature
9/G/iD
Date
Distribution of Document: Document is to be recorded with a copy to Sheila Odle
(ext. 7148) at the Road Department
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 DC
2010.624
9/14/2010
Authorization ID: BEN 695
Contact ID: DES CTY RD
Deschutes Market Road
U. S. DEPARTMENT OF AGRICULTURE
Forest Service
PUBLIC ROAD EASEMENT
National Forest Roads and Trails Act,
October 13, 1964, (P. L. 88-657)
36 CFR 251.50, et seq
FS -2700-9g9/96)
OMB No. 0596-0082
THIS EASEMENT, dated this 3/ st day of 4, -,,,sr, -2010, from the UNITED STATES OF
AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter
called Grantor, to Deschutes County, a subdivision of the State of Oregon, hereinafter called
Grantee.
WITNESSETH:
WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13,
1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easements
owned by the United States in the County of Deschutes, State of Oregon and administered by the
Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and
highway along and across a strip of land, hereinafter defined as the right-of-way over and across
the following described lands in the County of Deschutes, State of Oregon, as described on
exhibit A attached hereto.
Willamette Meridian
T. 17 S., R. 12 E.,
Sec. 23, W1/2NW1/4.
The word "right-of-way" when used herein means said strip of land whether or not there is an
existing road or highway located thereon. Except where it is defined more specifically, the word
"highway" shall mean roads or highways now existing or hereafter constructed on the right-of-
way or any segment of such roads or highways.
The right-of-way is shown and specifically described on the plat attached hereto and made a part
hereof.
This grant is made subject to the following terms, provisions, and conditions:
1. Outstanding valid claims, if any, existing on the date of this grant.
Page 1 of 6
DC 2010.624
2. The easement herein granted is limited to use of the described right-of-way for the
purpose of construction, operation, and maintenance of a highway and does not
include the grant of any rights for nonhighway purposes or facilities; Provided, That
the Forest Service shall not exercise its right to use or authorize the use of any
portion of the right-of-way for nonhighway purposes when such use would interfere
with the free flow of traffic or impair the full use and safety of the highway; and
Provided further, That nothing herein shall preclude the Forest Service from locating
National Forest and other Department of Agriculture information signs on the
portions of the right-of-way outside of construction limits.
3. Any reconstruction of the highway situated on this right-of-way shall conform with
plans, specifications, and written stipulations approved by the Forest Supervisor or
authorized representative prior to beginning such reconstruction.
4. Consistent with highway safety standards, the Grantee shall:
(a) Protect and preserve soil and vegetative cover and scenic and esthetic values
on the right-of-way outside of construction limits.
(b) Provide for the prevention and control of soil erosion within the right-of-way
and adjacent lands that might be affected by the construction, operation, or
maintenance of the highway, and shall vegetate and keep vegetated with
suitable species all earth cut or fill slopes feasible for revegetation or other
areas on which ground cover is destroyed. The Grantee shall perform these
activities where it is deemed necessary during a joint review between the
authorized Forest Officer and Grantee prior to completion of the highway.
The Grantee also shall maintain all terracing, water bars, leadoff ditches, or
other preventive works that may be necessary to accomplish this objective.
This provision also shall apply to waste disposal areas and slopes that are
reshaped following slides that occur during or after construction.
5. The Grantee shall:
Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites
for highway -operation and maintenance facilities; camps; supply depots; or disposal
areas within the right-of-way, unless shown on approved construction plans, without
first obtaining approval of the authorized Forest Officer.
6. The Grantee shall maintain the right-of-way clearing by means of chemicals only
after the Forest Supervisor has given specific written approval. Application for such
approval must be in writing and must specify the time, method, chemicals, and the
exact portion of the right-of-way to be chemically treated.
7. The Grantee does by the acceptance of this document covenant and agree for itself,
its assigns, and its successors in interest to the property here granted or any part
thereof, that the covenant set forth below shall attach to and run with the land:
Page 2 of 6
(a) That the Grantee shall operate the described property and its appurtenant
areas and its buildings and facilities whether or not on the land therein
granted as a public road, in full compliance with Title VI of the Civil Rights
Act of 1964 and all requirements imposed by or pursuant to the regulations
issued thereunder by the Department of Agriculture and in effect on the date
of this document to the end that no person in the United States shall, on the
grounds of race, sex, color, religion, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any programs or activities provided thereon; and
(b)
That the United States shall have the right to judicial enforcement of these
covenants not only as to the Grantee, its successors and assigns, but also as to
lessees and licensees doing business or extending services under contractual
or other arrangements on the land therein conveyed.
The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent
of the Grantee, (2) by condemnation, or (3) after a five (5) year period of nonuse, by a
determination to cancel after notification and opportunity for hearing as prescribed by law.
IN WITNESS WHEREOF, Grantor, by its Forest Supervisor, Deschutes National Forest, Pacific
Northwest Region, Forest Service, has executed this easement pursuant to the delegation of
authority by the Secretary of Agriculture to the Under Secretary of Natural Resources and
Enviroment, the delegation of authority by the Under Secretary for Natural Resources and
Enviroment to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the
Chief, Forest Service, 49 F.R. 34283, published August 29, 1984, and the delegation of authority
by the Regional Forester, Pacific Northwest Region, Forest Service, 58 F.R. 30766, published
May 27, 1993, on the day and year first above written.
UNITED STATES OF AMERICA
John Allen
Forest Supervisor
Deschutes National Forest
Pacific Northwest Region
USDA Forest Service
Page 3 of 6
FFICIAL SEAL
JEFFERSON C SIMS J
� �`" NOTARY PUBLIC -OREGON �j
LMYCOMMISSION NO.450814 COMMISSION EXPIRES JULY 15 114
ACKNOWLEDGMENT
STATE OF OREGON )
)ss.
County of Deschutes )
On this 3I T day of kS 4', 2010, before me, the undersigned, personally
appeared .i o k n Pr Ile +n , Forest Supervisor, Deschutes National
Forest, Pacific Northwest Region, Forest Service, Department of Agriculture, the same
person who executed the within and foregoing instrument, who being by me duly sworn
according to law, did say that he executed said instrument on behalf of the United
States of America by its authority duly given and by him delivered as and for its act and
deed. And he did further acknowledge that he executed said instrument as the free act
and deed of the United States of America, for the purposes and consideration herein
mentioned and set forth, and I do hereby so certify.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
Na nteR f)eff-t.rsayl c. cat
Notary Public for the State of Ovecfa,
My Commission Expires is 7 1S1 20(&/
Wash VW &CA Specialist, USDA Forest Service
•e4 -la
Data
Page 4 of 6
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the
foregoing Public Road Easement as a public road pursuant to ORS 92.014.
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 2 OF 2 - ACCEPTANCE OF DEDICATION
C:\DOCUMENTS AND SETTINGS\KOLB\MY DOCUMENTS\WORD\PUBLICINFOWCCEPTANCE OF DEDICATION.DOC
9/14/2010 7:47AM
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-
0082.
This information is needed by the Forest Service to evaluate requests to use National Forest System lands and
manage those lands to protect natural resources, administer the use, and ensure public health and safety. This
information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act
of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the Secretary of Agriculture to
promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes, along
with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term
Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16,
1973, Archeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the
Secretary of Agriculture to issue authorizations for the use and occupancy of National Forest System lands. The
Secretary of Agriculture's regulations at 38 CFR Part 251, Subpart B, establish procedures for issuing those
authorizations.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality
to be provided for information received by the Forest Service.
Public reporting burden for this collection of infomiation, if requested, is estimated to average 1 hour per response for
annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan;
average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such
things as reports, logs, facility and user information, sublease information, and other similar miscellaneous
information requests. This includes the time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information.
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