HomeMy WebLinkAboutPublic Facilities Impr Agrmts - OSP-911 BldgDeschutes 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 Wednesday, October 28, 2009
Please see directions for completing this document on the next page.
DATE: October 21, 2009
FROM: Susan Ross Property & Facilities 383 6713
TITLE OF AGENDA ITEM:
Consideration of Authorization for County Administrator to Sign Public Facility Improvement
Agreements with City of Bend for Oregon State Police /911 Project.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
As part of Deschutes County's Oregon State Police /911 new building construction project, the County
is required to construct and install public facilities. A portion of Service Road will be constructed
well as connections to the public sewer and water utilities. There are numerous agreements (outlined
below) required by the city, and staff requests that the county administrator be authorized to sign these
agreements. County Legal Counsel has reviewed and approved all documents.
Document No. 2009 -622: Public Facility Improvement Agreement - Provides owner assurances that all
improvements will be built in accordance with plans, specifications, and City of Bend requirements.
Document No. 2009 -623: Dedication Warranty Deed - A dedication of right -of -way for Service Road.
Document No. 2009 -624: Water Easement - Easement required to allow for installation, maintenance,
and operation of public water lines and related facilities.
Document No. 2009 -625: Pedestrian Access Easement - Easement required to allow for installation
maintenance, and operation of pedestrian access along Service Road.
Document No. 2009 -626: Slope Easement - Easement required to allow maintenance of slopes for
Service Road.
Document No. 2009 -627: Temporary Public Access Easement during construction.
Document No. 2009 -628: Temporary Slope Easements during construction.
FISCAL IMPLICATIONS:
The fee established by City of Bend for processing agreements and engineering inspections is
$8,884.02. This expense will be paid from the OSP /911 project construction fund.
RECOMMENDATION & ACTION REQUESTED:
Authorize County Administrator Signature of Public Facilities Improvement Agreements with City of
Bend
ATTENDANCE: Susan Ross, Property & Facilities Director
DISTRIBUTION OF DOCUMENTS:
Return original set to Property & Facilities because documents must be executed by City of Bend and
then recorded in real property records. A fully executed set will be returned to Board of
Commissioners staff.
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.
October 21, 2009
Contractor /Supplier /Consultant Name:
Contractor Contact:
Department:
City of Bend
Property & Facilities
Contractor Phone #:
Type of Document: Public Facilities Improvement Agreements Required by City of
Bend as part of Oregon State Police /911 Project
Goods and /or Services: Required public facilities agreements
Background & History: As part of Deschutes County's Oregon State Police /911 new
building construction project, the County is required to construct and install public
facilities. A portion of Service Road will be constructed as well as connections to the
public sewer and water utilities. There are numerous agreements (outlined below)
required by the city, and staff requests that the county administrator be authorized to
sign these agreements. County Legal Counsel has reviewed and approved all
documents.
Public Facility Improvement Agreement - Provides owner assurances that all
improvements will be built in accordance with plans, specifications, and City of Bend
requirements.
Dedication Warranty Deed - A dedication of right -of -way for Service Road.
Water Easement - Easement required to allow for installation, maintenance, and
operation of public water lines and related facilities.
Pedestrian Access Easement - Easement required to allow for installation,
maintenance, and operation of pedestrian access along Service Road.
Slope Easement - Easement required to allow maintenance of slopes for Service Road.
Temporary Public Access Easement and Temporary Slope Easements - Temporary
easements required during construction.
Agreement Starting Date:
October 28, 2009
Annual Value or Total Payment:
Ending Date:
Fees amount to $8,884.02
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
10/21/2009
Check all that apply:
❑ RFP, Solicitation or Bid Process
[� Informal quotes ( <$150K)
[1 Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes [l No
If No, has budget amendment been submitted? [l Yes [l No
Is this a Grant Agreement providing revenue to the County? ❑ Yes [l 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: [1 Yes [l No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Susan Ross, Property & Facilities Director
Phone #: 383 6713
Department Director Approval:
Signature Date
Distribution of Document: Who gets the original document and /or copies after it hay
been signed? Include complete information if the document is to be mailed.
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
]0/2]/201.9
-REVIEWED
LEGAL C.OI,iNS FL
LICENSE
APPLICABLE PUBLIC FACILITY IMPROVEMENTS:
-I WATER NI STREET
The CITY OF BEND, an Oregon municipal corporation, hereinafter referred to as "CITY"
and Deschutes County , hereinafter referred to as "USER" agree as follows:
GENERAL CONDITIONS
1. USER has received, read and understands City's public facility improvement
policies which are incorporated herein by reference. The terms used in this
agreement have the meanings assigned to them by City's policies unless
specifically provided otherwise in this agreement.
1.1 USER desires the extension of public facilities to USER'S property
described on Exhibit "A" that is attached hereto and made part of this
agreement.
1.2 The USER and City intend that this agreement shall constitute a covenant
running with the land, binding on the USER and the USER'S heirs,
successors, or assigns.
1.3 USER agrees to pay applicable sewer, water and street System
Development Charges (SDC's) in accordance with City policies.
PROVISION OF PUBLIC FACILITY IMPROVEMENTS
2. FACILITIES shall be supplied only through components constructed by City
approved contractor, installed to City Standards and Specifications and owned by
City. All facilities except USER'S service connection lines shall be installed
within public right of ways or City easements. Easements shall be granted to
City free and clear of all liens and encumbrances.
2.1 USER shall not connect to CITY'S facilities until City accepts facilities
installed by USER in writing and a Maintenance Agreement between the
City and USER or AUTHORIZED REPRESENTATIVE is established.
2.2 USER shall promptly pay all charges for City services when due.
Charges shall be as prescribed by the appropriate schedule and may be
changed from time to time.
2.3 No other use of CITY services or CITY facilities shall be permitted without
express written consent of the CITY.
2.4 USER shall comply with all applicable governmental laws, rules and
regulations including but not limited to CITY ordinances, resolutions and
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 1 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
the provisions of City public facility improvement policies as they now
exist and as they may be changed from time to time. Any failure to
comply with all terms and conditions of this agreement shall entitle CITY
to terminate facility improvement services at CITY'S sole discretion.
2.5 If USER'S property is outside the City and USER receives City water,
sewer and /or street service, USER'S service may be terminated at
anytime after three month's written notice.
EXTENSION OF PUBLIC FACILITY IMPROVEMENTS
3. USER shall comply with the following conditions if components to USER'S
property require extension of sewer, water and street facilities.
3.1 USER agrees to perform all work necessary for the construction of the
public facility improvements as shown on engineered construction
drawings titled Deschutes County Public Safety Facility, OSP 911, for
City of Bend Project Number PZ 09 -114, approved by the City Engineer
on October 16, 2009 incorporated herein by reference, at USER'S sole
expense and in accordance with the City's Standards and Specifications,
within one year unless extended by City in writing.
3.2 The person, firm or corporation performing the work shall have
construction liability coverage. Coverage shall be in the amount of a one
million dollar combined single limit for bodily injury liability and property
damage. USER shall hold City harmless and indemnify City from any
liability of any kind in connection with activities resulting from this
agreement.
3.3 USER agrees to submit to the City a statement of all costs incurred on the
project upon completion of the project.
3.4 City will charge appropriate fees for services rendered to USER.
3.5 USER agrees to obtain an Oregon State Highway, City or County street
cut permit prior to any construction in right of ways.
3.6 When required by CITY, USER agrees to deliver to CITY "AS BUILT"
reproducible drawings of the completed work, signed by an Oregon
professional engineer prior to acceptance of the work by CITY.
3.7 The total amount due and payable upon signing this agreement is listed
on Exhibit "C ".
3.8 USER hereby grants CITY a license to enter and remain on USER's
property for the purpose of inspecting public facility improvements
constructed pursuant to this Agreement, including, but not limited to, any
water lines, meters, backflow prevention devices, sewer lines, streets,
test cocks and other facilities.
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 2 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
ADDITIONAL CONDITIONS
FOR PROVISION OF WATER FACILITIES
USER agrees to perform all work necessary to install water service lines with
meters and housings if required. Said installations to be completed in
accordance with City Standards and Specifications. The meter, to be installed by
contractor, must be stamped and registered by CITY Public Works department
prior to installation.
USER agrees to perform all work necessary to install on USER'S property at a
City approved location a backflow prevention device approved by the Oregon
State Health Division and the City of Bend Standards and Specifications if
required. This device must pass inspection by a certified backflow prevention
inspector. USER agrees to have test cocks installed on this device as shown in
the specifications. USER also agrees to comply with the annual requirement for
checking the backflow protection valves at USER'S expense.
FIRE SERVICES: When required, fire services shall be constructed in
accordance with engineered plans approved by the City Engineer, including
locations of all fire services and associated backflow devices.
FOR PROVISION OF SEWER FACILITIES
An Industrial Discharge Permit may be required for some projects. If required, USER
shall obtain this permit from the City of Bend Public Works Department.
FOR PROVISION OF STORMWATER AND STREET FACILITIES
USER shall construct all required stormwater, public and private street improvements
according to the City Street Policies. CITY shall review and approve all private street
improvements in accordance with the City of Bend Zoning Ordinance.
LAND USE DECISION REQUIREMENTS
USER shall comply with and meet all requirements specific to this development as
stipulated in the City of Bend Land Use Decision and /or Development Agreement,
including additional conditions for public facility improvements not mentioned above.
BUILDING PERMIT ISSUANCE POLICY
USER acknowledges that City policy prohibits release of building permits until all of the
required public facility improvements for the project have been completed, approved by
the City, and the one -year warranty (maintenance) period has begun.
SYSTEMS DEVELOPMENT FEE REIMBURSEMENT
USER understands and acknowledges if master plan facilities, as defined and approved
by the City Engineer, are constructed by the applicant and approved by the City, USER
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 3 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
has the potential for a system development charge reimbursement entitlement pursuant
to City policy, rules, regulations and the Master Plan Facility Reimbursement Agreement.
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 4 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
DATED this day of , 2009
USER
By:
(signature of person representing Deschutes County)
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
by as
Dave Kanner
County Administrator
(date)
(print name of person above) (title of person above)
for Deschutes County.
NOTARY PUBLIC FOR OREGON
CITY OF BEND
Accepted By:
STATE OF OREGON
County of Deschutes
LEGAL COUNSEL
This instrument was acknowledged before me on
by Craig Chenoweth as Development Services Coordinator for the City of Bend.
NOTARY PUBLIC FOR OREGON
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 5 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
EXHIBIT A
A portion of the South Half Of the Southeast Quarter (S1/2SE1/4) of Section Seventeen
(17) , Township Seventeen (17) South, Range Twelve (12) , East of the Willamette
Meridian, Deschutes County, Oregon, being more particularly described as follows:
Beginning at a point on the North line of Lot Eight (8), "FRONTAGE PARK ", a Plat of
record in Deschutes County, which bears South 89 °54'12" East, 53.15 feet from the 5/8"
iron rod with an aluminum cap inscribed "0R930 MBA" marking the most Westerly
Northwest corner thereof; thence North 01 °53'01" East, 674.49 feet to the Southerly line
of that right of way dedicated on February 6, 1997 in Volume 437, Page 609, Deed
Records of Deschutes County; thence along said right of way line, South 89 °43'29"
East, 280.21 feet to the 5/8" iron with a plastic cap inscribed "HWA" marking a point of
curvature; thence along the arc of a 330.00 foot radius curve concave to the Northwest,
through a central angle of 24 °36'46" (Chord bears North 77 °58'08" East, 140.67 feet) a
distance of 141.76 feet; thence leaving said right of way, South 89 °45'58" East, 178.59
feet to the 5/8" iron rod marking a point on the West line of the Seaborn Trust Tract of
land as described in deed, recorded on July 22, 1999, in Volume 1999, Page 35935,
said Records; thence along said line and its Southerly extension, being a line parallel
with and 300.00 feet distant and Westerly from the East line of the SE1 /4 of said
Section 17, South 00 °17'47" West, 622.75 feet to the Northeast corner of said
"FRONTAGE PARK "; thence along the North line of said Plat, North 89 °52'42" West,
571.74 feet to the 5/8" iron rod marking the most Northerly Northwest corner of Lot 8,
said Plat; thence along the West line of said Lot 8, South 00 °08'32" West, 79.92 feet to
the 5/8" iron rod marking an angle point; thence along the North line of said Lot 8, North
89 °54'12" West, 43.38 feet to the point of begi:ning.
Engineering Fees
Inspection Review
Base fee
In excess of 10 hrs
Dedication Deed
EXHIBIT "C"
1 @ $ 1,067.00 $ 1,067.00
35 @ $ 102.00 per hr $ 3,570.00
$402.00 $402.00
Miscellaneous
Agreement Processing $ 2,253.00
Administrative Surcharge (14 %) $ 1,091.02
Recording Fee $ 501.00
Engineering: eb
Initials
10/16/2009
Date
TOTAL DUE
$ 2,253.00
$ 1,091.02
$ 501.00
$ 8,884.02
DATE PAID RECEIPT # HTE #09 -2051
Deschutes County OSP 911 Facility
PZ09- 114/eb
Page 7 of 7
After Recording Return to:
City of Bend Engineering Division
PO Box 431 Bend, OR 97709
DEDICATION WARRANTY DEED
Deschutes County, GRANTOR, conveys to the PUBLIC, an Oregon municipal
corporation, GRANTEE, the following described property for RIGHT OF WAY
PURPOSES, and warrants that it is free and clear of all liens and encumbrances:
See Exhibit B — B1
THIS INSTRUMENT WILL 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
APPROVED USES.
There is no consideration for this conveyance.
Dated this day of 2009 Dave Kanner
GRANTOR
By:
signature
State of Oregon
County of Deschutes
This instrument was acknowledged before me on
Date
County Administrator
by as
(Print name of representative) (title)
for Deschutes County
NOTARY PUBLIC FOR OREGON
LEGAL COUNSEL
CITY OF BEND FOR THE PUBLIC
Accepted By:
tolV signature
State of Oregon
County of Deschutes
This instrument was acknowledged before me on
by Eric King, City Manager for the City of Bend.
NOTARY PUBLIC FOR OREGON
Tax Statement: no charge
Deschutes County Public Safety Facility- OSP911
PZ09 -114
Page 1 of 3
After Recording Return To:
City of Bend Engineering Division
PO Box431, Bend, OR 97709
WHPi11c
EXHIBIT 'B'
RIGHT -OF -WAY DEDICATION
SERVICE ROAD
A 60.00 FOOT STRIP OF LAND LOCATED IN THE SOUTH ONE -HALF (S1/2) OF THE SOUTHEAST
ONE - QUARTER (SE1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON BEING 30.00 FEET EACH SIDE,
WHEN MEASURED AT RIGHT ANGLES, TO THE FOLLOWING DESCRIBED CENTERLINE:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way to the True Point of
Beginning; thence North, 607.04 feet, more or Tess, to the southerly right -of -way of Poe Sholes Drive and
the terminus of this centerline description.
Sidelines should be either lengthened or shortened to said southerly right -of -way of Poe Sholes Drive.
This description contains 0.84 acres, more or Tess.
p} JAN. I, ,.
611 \P.-+' C-1 d P+J i' N 3.
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Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • + 541.388.4229 • www.whpacific.com
POE SHOLES DR.
60.00'
R.O.W.
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
SOUTHERLY RIGHT -OF -WAY OF POE
SHOLES DRIVE
TAX LOT
1712170 609
NORTH
36,453 SF
607.04'
TAX LOT
1712170 609
30.00
30.00
CENTERLINE OF
RIGHT -OF -WAY DEDICATION
_ SERVICE ROAD
RIGHT -OF -WAY DEDICATION
APPRX. 0.84 ACRES
TRUE POINT OF BEGINNING
NE CORNER OF TOY HOUSE
CONDOMINIUM PLAT
REGISTERED
PROFESSIONAL
LA SU'VEYOR
■Air
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407
EXPIRES: 06/30/2011
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171217D 600
SERVICE
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REVIEWED
f •' LNSEL
WATER EASEMENT
Deschutes County, Grantor, conveys and warrants to the CITY OF BEND, an Oregon
Municipal corporation, Grantee, the following water facilities easement free of
encumbrances except as specifically set forth herein:
See Exhibit "A — Al"
This easement is granted on the following terms and conditions:
1. The easement shall be a permanent, perpetual and exclusive right to construct,
install, maintain and operate a water line and all related facilities on the surface and
within the subsurface of the easement. City shall have the right to immediate
possession of the property described in this easement.
2. The City of Bend shall hold Grantor harmless from any liability caused by City's
work within the easement or the operation and maintenance of the water line.
3. Grantor shall not erect any structures on the easement, but may use the surface of
the easement provided such used does not interfere with City's construction, installation,
operation and maintenance of its water system.
4. Grantor also grants to the City of Bend a temporary construction easement of
10.00 feet in width along each side of the permanent easement for the purpose of giving
a work area during the construction of the water system. Upon completion of the water
construction and acceptance for use, this construction easement shall be terminated.
5. Grantor warrants and represents that the property subject to this easement is free
and clear of all liens and free and clear of all encumbrances that would interfere with
Grantee's exclusive use of the easement and that the Grantor has the right to grant this
water easement.
6. There is no consideration for this easement.
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 1 of 4
After Recording Return to:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
DATED this day of , 2009
GRANTOR
By:
(Signature of representative)
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
(date)
by as
(print name of representative) (title)
for Deschutes County.
NOTARY PUBLIC FOR OREGON
CITY OF BEND
Accepted By:
STATE OF OREGON
County of Deschutes
LEGAL COUNSEL
This instrument was acknowledged before me on
by Tom Hickman as City Engineer for the City of Bend Engineering
Division.
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 2 of 4
After Recording Return to:
City of Bend Engineering Division
PO Box431, Bend, OR 97709
WHPcI!k
EXHIBIT 'A'
WATERLINE EASEMENT
LOCATED IN THE SOUTH ONE -HALF (51/2) OF THE SOUTHEAST ONE - QUARTER (5E1/4) OF SECTION 17,
TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
A 20.00 foot wide strip of land being 10.00 feet either side (when measured at right angles) to the
following described centerline:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of said westerly
right -of -way, North, 399.50 feet to the True Point of Beginning; thence leaving said extension, West,
16.50 feet.
This description contains 330 square feet, more or less.
REGISTERED
PROFESSIONAL
VEYOR
OREGON
JAN. 21, 2009
ANDREW N. HUSTON
#61407
Ex7I E': O( 3olOII
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • 541.388.4229 • www.whpacific.com
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
SERVICE ROAD DEDICATION
PER EXHIBITS B & B1
NORTH
399.50'
THIS DESCRIPTION
CONTAINS 330 ± SF, AS
DESCRIBED.
\/\
NE CORNER OF TOY HOUSE
CONDOMINIUM PLAT
TRUE POINT OF BEGINNING
WATERLINE
EASEMENT CENTERLINE
AS DESCRIBED
WEST 16.50'
TAX LOT
171217D 609
REGISTERED
PROFESSIONAL
LAND SU'VEYOR
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407
EXPIRES: 06/30/2011
z-
TOY HOUSE CONDOMINIUM PLAT
SCALE
40 0 20 40
(FEET)
1 INCH = 40 FT.
DESIGNED: LAG CHECKED BY: —
DRAWN BY: LAG APPROVED BY: SRH
LAST EDIT: 9/2 /2009 PLOT DATE: 9/21/2009
DATE BY
REV/
REVISION
CK'D
APPR
WHPacifit
123 SW Columbia St
Bend, 012 97702
541- 388 -4255 Fax 541-388-4229
www whpecific.com
OREGON STATE POLICE 911 FACILITY
EXHIBIT A -1
WATERLINE EASEMENT
BEND, OREGON DE!, :HUTES COUNTY
SCALE:
1"=40'
PROJECT NO,
33852
DRAWING FILE NAME:
DWG
SHEET
1 OF 1
PEDESTRIAN ACCESS EASEMENT
Deschutes County, Grantor, conveys and warrants to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following pedestrian access easement free of
encumbrances except as specifically set forth herein:
See Exhibit "F — F1"
This easement is granted on the following terms and conditions:
1. The easement shall be a permanent, perpetual and exclusive right to construct,
install, maintain and operate a pedestrian access. City shall have the right to
immediate possession of the property described in this easement.
2. All improvements including landscaping, fencing, driveways and any other form
or type of improvement within the easement areas are subject to disruption
and /or removal with no cost to be incurred by the City of Bend for removal, repair
and replacement of said improvements, landscaping and construction.
3. Grantor shall not erect any structures on the easement, but may use the surface
of the easement provided such use does not interfere with City's construction,
installation, operation and maintenance of its pedestrian access easement.
4. There is no consideration for the easement.
5. Grantor warrants and represents that the property subject to this easement is
free and clear of all liens and encumbrances and that Grantor has the right to
grant this public travel and access easement.
DATED this day of , 2009.
GRANTOR:
Dave Kanner
by
(signature of representati■ County Administrator
STATE OF OREGON
County of Deschutes
LEGAL COUNSEL
This instrument was acknowledged before me on
(date)
by as
(print name of representative) (title)
for Deschutes County
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 1 of 4
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
CITY OF BEND
Accepted By:
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
by Tom Hickman, as City Engineer for the City of Bend Engineering Division.
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 2 of 4
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
WHPacific
EXHIBIT `F`
PEDESTRIAN ACCESS EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (S1/2) OF THE
SOUTHEAST ONE - QUARTER (SE1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way, North, 589.02 feet to the True Point
of Beginning; thence North 21 °03'31" West, 10.66 feet to a point of non - tangent curvature and the
southerly right -of -way Poe Sholes Drive; thence along said southerly right -of -way along the arc of a
330.00 foot radius curve to the left an arc distance of 3.90 feet, through a central angle of 21 °03'31' (the
chord of which bears North 79 °15'28" East, 3.90 feet to a point of non - tangency; thence leaving said
southerly right -of -way, South, 10.68 feet to the True Point of Beginning.
This description contains 20 square feet, more or less.
REGISTERED
PROFESSIONAL
ND S RVEYOR
OREGON
JAN. 21, 2009
ANDREW N. HUSTON
;6,1407
t= x�trLEs . co 3o zo t
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • 541.388.4229 • www.whpacific.com
60.00'
R.O.W.
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
L =3.90'
R= 330.00'
d=21'03'31"
CHB= N79'15 '28 "E
SOUTHERLY RIGHT -OF -WAY OF POE CH =3.90'
SHOLES DRIVE
NOR TH
607.04'
TAX LOT
171217D 609
TRUE POINT OF BEGINNING
SEE DETAIL ABOVE
SOUTHERLY RIGHT -OF -WAY
POE SHOLES DRIVE
NORTH
APPROXIMATE 20 S.F.
NORTH 21'03'31" WEST
10.66'
DETAIL
SCALE: 1" = 10'
589.02'
TAX LOT
1712170 609
30.00
TAX LOT
1712170 600
SERVICE
L ROAD
30.00 °
w �
CENTERLINE OF
RICH T -OF -WAY DEDICATION -7
NE CORNER OF TOY HOUSE
CONDOMINIUM PLAT
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407
EXPIRES: 06/30/2011
TAX LOT
1712170 618
SCALE
40 0 4b 80
( FEET )
1 INCH = 80 FIT.
BEND. OREGON
U W
0
DRAWN BY:
yy�
0
S
SLOPE EASEMENT
Deschutes County, Grantor, conveys and warrants to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following slope easement over the property
described in Exhibit "D — D3 ".
This easement is granted on the following terms and conditions:
1. The easement shall be a permanent, perpetual and exclusive right to maintain
the slope on the surface and within the subsurface of the easement. City shall have the
right to immediate possession of the property described in this easement.
2. All improvements including landscaping, fencing, driveways, and any other form
or type of improvement within the easement areas are subject to disruption and /or
removal with no cost to be incurred by the City of Bend for removal, repair and
replacement of said improvements, landscaping and construction
3. Grantor shall not erect any structures on the easement, but may use the surface
of the easement provided such use does not interfere with City's maintenance of the
slope.
4. There is no consideration for this easement.
5. Grantor warrants and represents that the property subject to this easement is
free and clear of all liens and clear of all encumbrances that would interfere with
Grantee's exclusive use of the easement and that the Grantor has the right to grant this
slope easement.
DATED this day of , 2009.
Grantor:
By: Dave Kanner
County Administrator
STATE OF OREGON
County of Deschutes
i REVIE
244
LEGAL COUNSEL
This instrument was acknowledged before me on
(date)
by as
(print name) (title)
for Deschutes County
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 1 of 6
After Recording Return To:
City of Bend Engineering Division
PO Box431, Bend, OR 97709
City of Bend
Accepted by;
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
by Tom Hickman as City Engineer for the City of Bend Engineering Division.
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 2 of 6
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
EXHIBIT `D`
SLOPE EASEMENT 1
WHPCt&
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (51/2) OF THE
SOUTHEAST ONE - QUARTER (5E1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way; thence North, 23.35 feet;
thence East, 30.00 feet to the True Point of Beginning; thence North, 391.71 feet ; thence East, 11.60
feet; thence South 08 °33'23" East, 156.19 feet; thence South 06 °38'20" West, 238.86 feet; thence West,
7.22 feet to the True Point of Beginning.
This description contains 8,576 square feet, more or less.
REGISTERED
PROFESSIONAL
• Ste" VEYOR
OREGON
JAN. 21, 2009
ANDREW N. HUSTON
,c9•9407
r KPif~ES : cXo 3OZ011
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • l 541.388.4255 • F 541.388.4229 • www.whpacific.com
EXHIBIT 'D -1'
SLOPE EASEMENT 2
WHPfI1c
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (S1 /2) OF THE
SOUTHEAST ONE - QUARTER (SE1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H, Page
525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service Road;
thence along the northerly boundary of said plat, North 89 °16'30" West, 2.36 feet; thence North
38 °21'21" West, 27.64 feet; thence North 05 °48'26" West, 44.42 feet; thence North 03 °36'26" East,
299.93 feet; thence East, 5.14 feet; thence South, 365.23 feet to the point of beginning.
This description contains 5,561 square feet, more or Tess.
REGISTERED
PROFESSIONAL
ND SUy EYOR
ORE ON
JAN. 21, 2009
ANDREW N. HUSTON
#61407
XPItE .: oco soaci
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • T 541.388.4255 • F 541.388.4229 • www.whpacific.com
%VHPI&
EXHIBIT `D -2`
SLOPE EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (51/2) OF THE
SOUTHEAST ONE - QUARTER (5E1/4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way; thence North, 491.45 feet;
thence East, 30.00 feet to the True Point of Beginning; thence North, 126.04 feet to the southerly right -
of -way of Poe Sholes Drive and a point of non - tangent curvature; thence along said southerly right -of-
way along the arc of a 330.00 foot radius curve to the left an arc distance of 4.07 feet, through a central
angle of 00 °42'21" (the chord of which bears North 67 °41'03" East, 4.07 feet); thence leaving said
southerly right -of -way South 23 °04'02" East, 21.39 feet; thence South, 49.55 feet; thence South
11 °45'09" West, 59.60 feet to the True Point of Beginning.
This description contains 1,109 square feet, more or less.
REGISTERED
PROFESSIONAL
ND S *'VEYOR
OREGON
JAN. 2 1 , 2009
ANDc7V-, N. HUSTON
EXPIIZES 0(030zoI
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • 541.388.4229 • www.whpacific.com
S23 04'02 "E
21.39'
SOUTH
49.55'
THIS DESCRIPTION
CONTAINS 1,1091 SF
TRUE POINT OF BEGINNING
SLOPE EXHIBIT D -2
Sl
—59-60' W
NORTH 126.04'
N oI
10 11.60' NORTH
491.45'
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
TAX LOT
171217D 609
S08'33'23 "E _ - - -
156.19
EAST
EAST 5.14'
L= 4.07', R= 330.00'
A=0'42'21"
CHB= N67'41 '03 E
CH =4.07'
r- REGISTERED
PROFESSIONAL
L. DD�SS �UU : VE YOR
, it
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407 /
EXPIRES: 06/30/2011
THIS DESCRIPTION
CONTAINS 8,5761 SF
TRUE POINT OF BEGINIJING
SLOPE EXHIBIT 'D'
WEST
- - - _ _ _ S06'38 20 "w 7.22'
238.86'-- _____ _ -
NORTH
391.71
_________ NO3'3_6'26_E_
299.93
THIS DESCRIPTION
CONTAINS 5,5611 SF
SERVICE ROAD DEDICATION
PER EXHIBITS B & B1
SOUTHERLY RIGHT -OF -WAY OF POE
SHOLES DRIVE
TAX LOT
171217D 609
SOUTH
365.23
_ _ - - - --
N05'48'26 "W
44.42'
N387121 "W
27.64'
SERVICE
ROAD
N8976'30 "W
2.36'
TRUE POINT OF BEGINNING
EXHIBIT D -1
NE CORNER OF TOY HOUSE
CONDOMINIUM PLAT
z-
NORTH
23.35'
SCALE
80 0 40 80
( FEET )
1 INCH = 80 FT.
DE!i;HUTES COUNTY
W L.
0
v-
0
co
J
U
C m
CO
d
a
F
N
3
i
co
0
REVIEWED
LE CnI NSa1,.... —
TEMPORARY PUBLIC AND ACCESS EASEMENT
Deschutes County, Grantor conveys and warrants to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following temporary Public Access Easement free of
encumbrances except as specifically set forth herein:
See Exhibit "C — C2"
This easement is granted on the following terms and conditions:
1. The easement shall be a temporary exclusive right to construct an access facility.
City shall have the right to immediate possession of the property described in this
easement.
2. All improvements including landscaping, fencing, driveways and any other form
or type of improvement within the easement areas are subject to disruption
and /or removal with no cost to be incurred by the City of Bend for removal, repair
and replacement of said improvements, landscaping and construction.
3. Grantor shall not erect any structures on the easement, but may use the surface
of the easement provided such use does not interfere with City's access
easement.
4. This easement will terminate upon written notification from the City after all
construction items listed in the attached Exhibit C — C2 have been completed and
accepted by City of Bend
5. There is no consideration for the easement.
6. Grantor warrants and represents that the property subject to this easement is
free and clear of all liens and encumbrances and that Grantor has the right to
grant this public travel and access easement.
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 1 of 5
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
DATED this day of , 2009
GRANTOR:
By:
(signature of representative)
STATE OF OREGON
County of Deschutes
Dave Kanner
County Administrator
This instrument was acknowledged before me on
(date)
by as
(print name of representative) (title)
for Deschutes County.
NOTARY PUBLIC FOR OREGON
CITY OF BEND
Accepted By:
STATE OF OREGON
County of Deschutes
LEGAL COUNSEL
This instrument was acknowledged before me on
by Tom Hickman as City Engineer for the City of Bend Engineering Division.
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 2 of 5
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
WHPitk
EXHIBIT 'C'
TEMPORARY PUBLIC ACCESS EASEMENT 1
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (S1/2) OF THE
SOUTHEAST ONE - QUARTER (SE1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way; thence North, 430.19 feet;
thence East, 30.00 feet to a point of non - tangent curvature and the True Point of Beginning; thence
along the arc of a 45.50 foot radius curve to the right an arc distance of 77.43 feet, through a central
angle of 97 °30'03" (the chord of which bears South, 68.42 feet) to a point of non - tangency; thence
North, 68.42 feet to the True Point of Beginning.
This description contains 735 square feet, more or less.
REGISTERED
PROFESSIONAL
,N SUJVEYOR
OREGON
JAN. 21, 2009
ANDREW N. HUSTON
✓r,- 1407
E,P i E-S '. orq 3o zol l
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • 541.388.4229 • www.whpacific.com
WHP1I1c
EXHIBIT `C -1`
TEMPORARY PUBLIC ACCESS EASEMENT 2
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (51/2) OF THE
SOUTHEAST ONE - QUARTER (SE1 /4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way; thence North, 430.19 feet;
thence West, 30.00 feet to the True Point of Beginning; thence South, 68.42 feet to a point of non -
tangent curvature; thence along the arc of a 45.50 foot radius curve to the right an arc distance of 77.43
feet, through a central angle of 97 °30'03" (the chord of which bears North, 68.42 feet) to the True Point
of Beginning.
This description contains 735 square feet, more or less.
rREGISTERED
• PROF='ESS ON L
0 R P_
EX17IIZES : 04v-302.0(1
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • " 541.388.4229 • www.whpacific.com
TRUE POINT OF
BEGINNING
EXHIBIT 'C'
TRUE POINT OF
BEGINNING
EXHIBIT 'C -1'
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
L= 77.3', R= 45.50'
A= 97'30'03"
CHB =SOUTH
CH= 68.42'
TAX LOT
1712170 609
THIS DESCRIPTION
CONTAINS 735± SF
430.20' SOUTH
SOUTH
L= 77.3', R= 45.50'
A= 97'30'03"
CHB =NORTH
CH= 68.42'
THIS DESCRIPTION
CONTAINS 735± SF
TAX LOT
1712170 609
NORTH
430.19'
SERVICE ROAD DEDICATION PER
EXHIBITS B & B -1
NE CORNER OF
TOY HOUSE CONDOMINIUM PLAT
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407
EXPIRES: 06/30/2011
z-
SCALE
40 0 20 40
I
(FEET)
1 INCH = 40 FT.
d
1—
1-to
CO
U
0
W w
a
U
gl
Wm
U
Eh 04
PLOT DATE:
W
F-
ce
0
TEMPORARY SLOPE EASEMENT
Deschutes County, Grantor, conveys and warrants to the CITY OF BEND, an Oregon
municipal corporation, Grantee, the following temporary slope easement over the
property described in Exhibit "E — El".
This easement is granted on the following terms and conditions:
1. The easement shall be a permanent, perpetual and exclusive right to maintain
the temporary slope on the surface and within the subsurface of the easement. City
shall have the right to immediate possession of the property described in this easement.
2. All improvements including landscaping, fencing, driveways, and any other form
or type of improvement within the easement areas are subject to disruption and /or
removal with no cost to be incurred by the City of Bend for removal, repair and
replacement of said improvements, landscaping and construction
3. Grantor shall not erect any structures on the easement, but may use the surface
of the easement provided such use does not interfere with City's maintenance of the
slope and access.
4. There is no consideration for this easement.
5. Grantor warrants and represents that the property subject to this easement is
free and clear of all liens and clear of all encumbrances that would interfere with
Grantee's exclusive use of the easement and that the Grantor has the right to grant this
slope easement.
DATED this day of , 2009.
Grantor: Dave Kanner
County Administrator
By:
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
(date)
by as
(print name) (title)
for Deschutes County
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 1 of 4
REVIE D
LEGAL COUNSEL
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
CITY OF BEND
Accepted by
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
by Tom Hickman as City Engineer for the City of Bend Engineering Division.
NOTARY PUBLIC FOR OREGON
Deschutes County Public Safety Facility- OSP911
PZ09- 114/eb
Page 2 of 4
After Recording Return To:
City of Bend Engineering Division
PO Box 431, Bend, OR 97709
WHPiiIfic
EXHIBIT 'E'
TEMPORARY SLOPE EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTH ONE -HALF (51/2) OF THE
SOUTHEAST ONE - QUARTER (5E1/4) OF SECTION 17, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing from the northeast corner of the plat of Toy House Condominium recorded in Cabinet H,
Page 525 of Deschutes County Official Records, said point lies on the westerly right -of -way of Service
Road; thence leaving said plat boundary and westerly right -of -way along the extension of the north
boundary line of said plat, 30.00 feet to the centerline of said right -of -way; thence North, 328.16 feet;
thence East, 30.00 feet to the True Point of Beginning; thence North, 33.62 feet to a point of non -
tangent curvature; thence along the arc of a 45.50 foot radius curve to the left an arc distance of 36.31
feet, through a central angle of45 °43'37" (the chord of which bears North 25 °53'13" East, 35.36 feet) to
a point of non - tangency; thence North 82 °07'58" East, 22.79 feet; thence South 14 °13'30" West, 70.71
feet; thence West, 20.64 feet to the True Point of Beginning.
This description contains 1,596 square feet, more or less.
gEGIS ERED
PROFESSIONAL
VEYOR
OREGON
JAN_ 21 , 2009
ANDREW N. HUSTON
07
�KPi2r`s O(03o20II
Page 1 of 1
123 SW Columbia Street • Bend, OR 97702 • 541.388.4255 • 541.388.4229 • www.whpacific.com
S 1/2, SE 1/4, SECTION 17,
T. 17 S., R. 12 E., W.M.
TAX LOT
1712170 609
N8707'58 "E
22.79'��� 5�4133py
L=36.31'
R= 45.50'
d= 45'43'37"
CHB= N25'53'13 E
CH= 35.36'
1
`I— ;F
I
o
NORTH IN
33.62'
THIS DESCRIPTION
CONTAINS 1,596± SF
TRUE POINT OF BEGINNING
TAX LOT
1712170 609
NOR TI-1
328.16'
SERVICE
ROAD
SERVICE ROAD DEDICATION
PER EXHIBITS 8 & B -1
NE CORNER OF TOY HOUSE
CONDOMINIUM PLAT
REGISTERED
PROFESSIONAL
LA D SU'VEYOR
"Tir
OREGON
JAN 21, 2009
ANDREW N. HUSTON
61407
EXPIRES: 06/30/2011
z-
SCALE
40 0 20 40
( FEET )
1 INCH = 40 FT.
8
z
m
z
W
d
W
COI
a.
0
an
U
3
3
co
6
5
it
rx
PLOT DATE:
LAST EDIT:
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