The URL can be used to link to this page

Home My WebLink AboutDoc 587 - Deed of Ded - Haul Rd TrailDeschutes County Board of Commissioner 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or AGENDA REQUEST & STAFF REPORT For Board Business Meeting of October 14, 2009 Please see directions for completing this document on the next page. DATE: September 30, 2009 FROM: Teresa Rozic Property & Facilities 385 -1414 TITLE OF AGENDA ITEM: Consideration of signature of Document 2009 -587, a Deed of Dedication for road and utility purpo es. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: By Resolution No. 2009 -008, the Board of County Commissioners declared its intention to exchant e land with the Bend Metro Park & Recreation District that would allow BMPRD to realign the public trail commonly known as the Haul Road Trail. A public hearing was held and deeds were exchanged. After the conveyances, BMPRD applied for and received approval for a property line adjustment to reconfigure the land. One of the conditions for final approval is that the landowners dedicate right- )f- way for Bachelor View Drive. BMPRD supplied a legal description and drawing of the area to be dedicated and requests that the Board execute a deed of dedication. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board sign the deed of dedication. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Return original to Teresa Rozic for transmittal to Bend Metro Park & Recreation District. CITY of BEND OLEY ROBAL 0 0 r 0 EMPIR z 0 REV RE NEWPORT x FRAN LIN 0) ENN NEFF 4Area of Proposed Land Exchangd x 1- TLER MARKET BEAR CRE€K�` ED MARKET City Limits RECORD OF SURVEY- CITY OF BEND LOT LINE ADJUSTMENT PZ 08 -387 LOCATED IN A PORTION OF THE SW1 /4 OF SECTION 12, T 18S, R 11 E, W M„ CITY OF BEND, DESCHUTES COUNTY, OREGON cib NOT TO SCALE EXISTING TAX LOT CONFIGURATION DESCHUTES COUNTY EXIST TL300 224 acres BEND METRO PARKS EXIST TL501 1.92 acres PORTIONS OF EXISTING TAX LOTS TO BE EXCHANGED DEED FROM DESCHUTES COUNTY TO BEND METRO PARKS //Ai/ DEED FROM END METRO PARKS TO )ESCMUTES f(* COUNTY ADJUSTED TAX LOT CONFIGURATION ADJ TL501 1.92 acres DEED FROM BEND METRO PARKS TO BEND METRO PARKS ADJ TL300 224 s DEED FROM DESCHUTES COUNTY TO DESCHUTES COUNTY PREPARED BY HWAINC surveyors • engineers • planners 389 SW SCAIEHOUSF COURT, SUITE 100 BEND, OREGON 97702 PHONE: 541.389.9151 882.7 541188.5416 SHEET 1 OF 1 080802 LLAdj Map.OWG 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 30, 2009 Contractor /Supplier /Consultant Name: Contractor Contact: Type of Document: Deed of Dedication Goods and /or Services: N/A N/A Department: Property & Facilities Contractor Phone #: Background & History: By Resolution No. 2009 -008, the Board of County Commissioners declared its intention to exchange land with the Bend Metro Park & Recreation District that would allow BMPRD to realign the public trail commonly known as the Haul Road Trail. A public hearing was held and deeds were exchanged. After the conveyances, BMPRD applied for and received approval for a property line adjustment to reconfigure the land. One of the conditions for final approval is that the landowners dedicate right -of -way for Bachelor View Drive. BMPRD supplied a legal description and drawing of the area to be dedicated and requests that the Board execute a deed of dedication. Agreement Starting Date: Upon signature Annual Value or Total Payment: N/A Ending Date: N/A I I Insurance Certificate Received (check box) Insurance Expiration Date: N/A 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) N/A 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: 9/30/2009 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, Property Specialist Phone #: 385 -1414 Department Director Approval: 91S0 /05 Signature Date Distribution of Document: Original to Teresa Rozic for transmittal to BMPRD. 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 Nurnber 9/30/2009 REVIEWED LEGAL COUNSEL After Recording Return to: Deschutes County Road Dept. 61150 SE 27th St. Bend, OR 97702 For Recording Stamp Only DEED OF DEDICATION DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, does hereby dedica.e to the public for roadway and utility purposes that parcel of and described in Exhibits "A" and "B" attached hereto and by this reference incorporated herein. The consideration for this conveyance consists of or includes other property or other value given Jr promised which is the whole consideration. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FETE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. DATED this day of , , 2009. ATTEST: Recording Secretary STATE OF OREGON County of Deschutes BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE -CHAIR ALAN UNGER, COMMISSIONER } } SS. Before me, a Notary Public, personally appeared Tammy Baney, Dennis R. Luke, and Alan Unger, 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 , 2009. NOTARY PUBLIC FOR OREGON My Commission Expires: DEED OF DEDICATION — DOCUMENT NO. 2009 -587 ACCEPTANCE The City of Bend does hereby accept the foregoing Deed of Dedication as a public road pursuant to ORS 92.014.. By: Eric King City Manager DATED this day of , 2009. STATE OF OREGON ) SS. County of Deschutes ) Before me, a Notary Public, personally appeared , and acknowledged the foregoing instrument. Dated this day of , 2009. NOTARY PUBLIC FOR OREGON My Commission Expires: DEED OF DEDICATION - DOCUMENT No. 2009 -587 EXHIBIT A A parcel of land being a portion of the lands described in Lot Line Adjustment Deed recorded in Volume 2009, Page 20145 of Deschutes County Official Records located in a portion of the Southwest One - quarter (SW1 /4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Commencing at a point on the southerly right-of-way line of Century Drive (also known as the Cascade Lakes Highway) which bears North 79 °01'04" East a distance of 1285.44 feet from the SW corner of said Section 12, said commencement point also being a point on the centerline of the roadway easement (no width stated) recorded June 7, 1963 in Book 135, Page 279 of Deschutes County Deed Records; thence along said easement centerline South 02 °06'04" West a distance of 55.01 feet to the true Point of Beginning of this description, said beginning point also being a point on the northerly boundary of the land described in said Volume 2009, Page 20145; thence along said northerly boundary North 70 °43'10" East a distance of 32.22 feet; thence leaving said northerly boundary South 02 °06'04" West a distance of 159.01 feet to a point on the southerly boundary of said Volume 2009, Page 20145; thence along said southerly boundary South 63 °26'34" West a distance of 34.19 feet to a point on the centerline of said roadway easement; thence along said centerline and said southerly boundary North 02 °06'04" East a distance of 113.96 feet; thence leaving said centerline and continuing along said southerly boundary South 63 °26'34" West a distance of 34,19 feet; thence leaving said southerly boundary North 02 °06'04" East a distance of 54.35 feet to a point on said northerly boundary; thence along said northerly boundary North 70 °4310" East a distance of 32.22 feet to the point of beginning, the terminus of this description. See attached map titled "EXHIBIT B ", hereby incorporated by reference. ,s--. 7-v--e-Pp REGISTERED PROFESSIONAL AND SURVEYOR OREGON JULY 17, 1986 PETER A. MANLEY 2214 RENEWAL DATES 12/31/10 May 19, 2009 S:1Land Projects1080802 ENTRADA TRAIL EASEMENTIDOC10808021080802 Deseo Dedicatlon.doc EXHIBIT B LOCATED IN A PORTION OF THE SW 1/4 OF SECTION 12, CITY OF BEND, DESCHUTES COUNTY, OREGON 30' Po/Nr of �RUDR COMMENCEMENT BEARS N79'01'04 "E A DISTANCE OF 1285.44 FEET FROM THE SW CORNER OF SECTION 12, T18S, R11E, W.M. TOWNSHIP 18 SOUTH, RANGE 11 EAST, W.M., 30' CENTERLINE ROADWAY EASEMENT VOL. 135, PAGE 279 (NO WIDTH STATED) 181112 00 00501 BEND METROPOLITAN PARK AND RECREATION DISTRICT 200 NW PACIFIC PARK LW BEND OR 97701 LOT LINE ADJUSTMENT DEED VOL. 2009, PAGE 20146 TRUE POINT OF BEGINNING ciOS 0032.22 1 1 1 CONTAINS 1 6,401 SF* 1 181112 00 00300 DESCHUTES COUNTY LOT LINE ADJUSTMENT DEED VOL. 2009, PAGE 20145 CENTERLINE ROADWAY 1 EASEMENT VOL, 135, PAGE 279 (NO 11077-1 , 181113 00 01000 STATED) ENTRADA LODGE INC kul WEST WESTERN ENTRADA AP LODGE 20364 STRAWLINE RD i, BEND OR 97702 N4I" s": ra--ay 2� REGISTERED PROFESSIONAL LAND SURVEYOR RENEWAL DATE: 12/31/10 50' 181112 00 00300 DESCHUTES COUNTY GO- cQ�SG 41040 02.0 �GI 50' 1" = 30' H NKIYOIL LR4W W ruwui NLCKMAN, WILLIAMS L ASSOCLATLS, INC notNwwAUmur,3 tf100 MONO mamas, lk& !II]6Lltt1 ROAD DEDICATION-- DESCHUTES COUNTY 080802 DesCo Deddwg SCALE: 1" = 30' [DRAWN BY: PAM 1 DATE: 05/19/09 SHEET 1/1