HomeMy WebLinkAboutDoc 659 - BLM Rights of Way - 19th StDeschutes County Board of Commissioner!
1300 NW Wall St., Suite 200, Bend, OR 97701 -196(
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.m,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 2, 2009
Please see directions for completing this document on the next page.
DATE: November 11, 2009
FROM: George Kolb Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2009 -659, Accepting the Bureau of Land Management
Right -of -Way Grant Serial Number OR -65448 for 19th Street.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In October of 2009, the Bureau of Land. Management (BLM) finalized its Determination of NEPA
Adequacy (DNA) document concerning the right -of -way across BLM property for the future alignn lent
of 19th Street from Redmond to Deschutes Junction. This decision is applicable to only property ov ned
by the BLM and in no way constitutes any sort of land use action for the future constuction of 19th
Street. Baed on the results of the DNA, the BLM has granted a right -of -way (OR- 65448) to Deschl rtes
County for 19th Street across BLM property. There are two mitigation measures required by the DN,A,
one is the construction of a fence on both sides of 19th Street to prevent off -road travel and illegal
dumping and the other is the installation of a 14 foot wide cattle guard with gate at the dry utilities road
that accesses Pronghorn Resort to protect the surrounding area once 19th Street is constructed. There
are two signatures required for this document, the first signature will be by the Chair on Page 7 of the
right -of -way grant and the second is the Acceptance Deed which is signed by all three Commission:rs.
FISCAL IMPLICATIONS:
The mitigation measures required by the BLM will be included in the construction contract and wil be
paid for by the project funding which will be a combination of Federal and County funds.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2009 -659
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Return the originals to Wanda Kunz (ext. 7103) at the Road Department for forwarding on to the B L M
for their signature.
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.
November 11, 2009
Contractor /Supplier /Consultant Name:
Contractor Contact:
Type of Document:
No. OR -65448
Janet Hutchison
BLM
Department:
Road
Contractor Phone #:
416 -6710
Bureau of Land Management (BLM) Right -or -Way Grant Serial
Goods and /or Services:
Provides Deschutes County the necessary right -of -way on
BLM property to construct the future extension of 19m Street.
Background & History: In October of 2009, the Bureau of Land Management (BLM)
inalized its Determination of NEPA Adequacy (DNA) document concerning the right-of-
ay across BLM property for the future alignment of 19th Street from Redmond to
Deschutes Junction. This decision is applicable to only property owned by the BLM and
in no way constitutes any sort of land use action for the future constuction of 19th
Street. Based on the results of the DNA, the BLM has granted a right -of -way (OR-
65448) to Deschutes County for 19th Street across BLM property. There are two
mitigation measures required by the DNA, one is the construction of a fence on both
sides of 19th Street to prevent off -road travel and illegal dumping and the other is 'th1
installation of a 14 foot wide cattle guard with gate at the dry utilities road that accesses
Pronghorn Resort to protect the surrounding area once 19th Street is constructed.
Agreement Starting Date:
after signature
upon signature
Annual Value or Total Payment:
n/a
Ending Date:
Insurance Certificate Received (check box)
Insurance Expiration Date:
30 years
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 Li No
If No, has budget amendment been submitted? ❑ Yes U No
11/9/2009
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: I I Yes No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Phone #:
322 -7113
Department Director Approval:
George Kolb, County Engineer
Signature
/i °5'
ate
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.
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
11/9/2009
FORM 2800 -14 Issuing Office
(August 1985) Prineville District
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT -OF -WAY GRANT
SERIAL NUMBER OR -65448
1. A right -of -way is hereby granted pursuant to Title V of the Fedezal
Land Policy and Management Act of October 21, 1976 (90 Stat. 277E; 43
U.S.C. 1761).
2. Nature of Interest:
a. By this instrument, the holder:
Deschutes County Road Department
61150 SE 27th Street
Bend, OR 97702
receives a right to construct, operate, maintain, and terminate a
roadway, on public lands described as follows:
T. 15 S., R. 13 E.,
Section 32, Lot 2,40 feet west of the east section line.
T. 16 S., R. 13 E.,
Section 6, Lots 1 & 2, SDI, SEkSWi,
Section 7, Lots 2 -4, E' -�NWk,
T. 16 S., R. 12 E.,
Section 12, ESE',1,
Section 13, SWIND'a, NW�'aSE a, SE'iSW�a,
Section 24, NDaNWk,
Deschutes County, Oregon
b. The right -of -way granted herein is 100 feet wide, 19,100 feet
long and contains 32 acres, more or less. The exception to tie
100 feet width is in Section 32, Lot 2, where 40 feet was
reserved in the City of Redmond Juniper Golf Course Recreation
and Public Purposes Lease for 19th Street Extension.
1
c. This instrument shall terminate 30 years from its effective date
unless, prior thereto, it is relinquished, abandoned, terminated,
or modified pursuant to the terms and conditions of this
instrument or of any applicable Federal law or regulation.
d. This instrument may be renewed. If renewed, the right -of -way
shall be subject to the regulations existing at the time of
renewal and any other terms and conditions that the authorized
officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal
thereof, early relinquishment, abandonment, or termination, the
provisions of this instrument, to the extent applicable, shall
continue in effect and shall be binding on the holder, its
successors, or assigns, until they have fully satisfied the
obligations and /or liabilities accruing herein before or on
account of the expiration, or prior termination, of the gran
3. Rental:
For and in consideration of the rights granted, the holder agrees
to pay the Bureau of Land Management fair market value renta.i as
determined by the authorized officer unless specifically exempted
from such payment by regulation. Provided, however, that tho
rental may be adjusted by the authorized officer, whenever
necessary, to reflect changes in the fair market rental valuo as
determined by the application of sound business management
principles, and so far as practicable and feasible, in accontance
with comparable commercial practices.
4. Terms and Conditions:
a. This grant is issued subject to the holder's compliance with all
applicable regulations contained in Title 43 Code of Federal
Regulations part 2800.
b. Upon grant termination by the authorized officer, all
improvements shall be removed from the public lands within 9(
days, or otherwise disposed of as provided in paragraph (4)((0 or
as directed by the authorized officer.
c. The holder shall construct, operate, and maintain the facilities,
improvements, and structures within this right -of -way in strict
2
conformity with the plan of development. Any relocation,
additional construction, or use that is not in accord with the
approved plan of development, shall not be initiated without the
prior approval of the authorized officer. A copy of the complete
right -of -way grant, including all stipulations, shall be made
available on the right -of -way area during construction,
operation, and termination to the authorized officer.
Noncompliance with the above will be grounds for an immediate
temporary suspension of activities if it constitutes a threw; to
public health and safety or the environment.
d. The map set forth in Exhibit 1, attached hereto, is incorporated
into and made a part of this grant instrument as fully and
effectively as if they were set forth herein in their entire :y.
e. Failure of the holder to comply with applicable law or any
provision of this right -of -way grant shall constitute ground.; for
suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike
manner so as to ensure protection of the environment and the
health and safety of the public.
g Any human remains, cultural and /or paleontological resource
(historic or prehistoric or vertebrate fossil site or object;
discovered by the Holder, or any person working on his behalf, on
public or Federal land shall be immediately reported by telephone
to the authorized officer. The Holder shall suspend all
operations in the immediate area of such discovery until written
authorization to proceed is issued by the authorized officer. An
evaluation of the discovery will be made by the authorized
officer to determine appropriate actions to prevent the loss of
significant cultural or scientific values. The Holder will be
responsible for the cost of evaluation and any decision as to
proper mitigation measures will be made by the authorized officer
after consulting with the Holder. In some cases it may be
necessary to suspend authorized operations in the area of the
discovery for as much as 30 days.
h. The holder shall conduct all activities associated with the
operation, and termination of the right -of -way within the
authorized limits of the right -of -way.
i. The holder shall flag the exterior limits of the right -of -way and
then have a meeting on site with the authorized officer from BLM.
J•
The holder shall conduct a pre -work meeting on site with affected
3
parties prior to any construction activity.
k. The holder shall wash all construction equipment before entering
public lands.
1. Construction holes left open over night shall be covered. Covers
shall be secured in place and shall be strong enough to prevent
livestock or wildlife from falling through and into a hole.
m. Construction - related traffic shall be restricted to routes
approved by the authorized officer. New access roads or cross -
country vehicle travel will not be permitted. Any maneuvering,
turning, etc. would be done within the permitted area or on
private land.
n. The holder shall contact BLM 3 -6 months prior to constructing 19th
Street to allow BLM to issue commercial firewood permits fox- the
affected trees. Deschutes County will chip the excess brush and
then spread on the forest floor.
o. The right -of -way granted herein may be reviewed at any time
deemed necessary by the authorized officer.
P.
q.
The holder shall use weed -free surface and fill material if
additional is needed.
The holder shall seed all disturbed areas. The holder shall use
the following seed mixture or another mixture approved by BLS-'[;
40% western wheatgrass,
30% bluebunch wheatgrass, and
30% bottlebrush squirreltail.
All seed mixture would be 100% pure live seed and certified geed
free. The holder shall provide BLM with a seed testing report
prior to planting the seed.
r. Seeding shall be repeated if a satisfactory stand is not obtained
as determined by the authorized officer upon evaluation after the
second growing season.
s. Construction sites shall be maintained in a sanitary conditicn at
all times; waste materials at those sites shall be disposes of
promptly at an appropriate waste disposal site. "Waste" meanE all
4
discarded matter including, but not limited to, human waste, trash,
garbage, refuse, oil drums, petroleum products, ashes, and
equipment.
t. The holder(s) shall comply with all applicable Federal law: and
regulations existing or hereafter enacted or promulgated. I1 any
event, the holder(s) shall comply with the Toxic Substances Control
Act of 1976, as amended (15 U.S.C. 2601, et seq.) with rega :d to
any toxic substances that are used, generated by or stored on the
right -of -way or on facilities authorized under this right -o -way
grant. (See 40 CFR, Part 702 -799 and especially, provisions on
polychlorinated biphenyls, 40 CFR 761.1- 761.193.) Additionally,
any release of toxic substances (leaks, spills, etc.) in excess of
the reportable quantity established by 40 CFR, Part 117 shall be
reported as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 102b. A copy of
any report required or requested by any Federal agency or State
government as a result of a reportable release or spill of any
toxic substances shall be furnished to the authorized of:'icer
concurrent with the filing of the reports to the involved Federal
agency or State government.
u. The holder shall suppress noxious weeds according to BLM
standards for a period of three years following construction. An
applicator, licensed with the State of Oregon, shall use
herbicides at an application rate approved by BLM.
v. The holder shall work with Burlington Northern Sante Fe (ENSF)
Railroad Company if drainage issues from this road impacts the BNSF
ROW to resolve these issues to BNSF's satisfaction.
w. The holder shall obtain approval and provide BLM with a copy from
the Division of State Lands and private landowners along the
route prior to beginning construction of the roadway.
x. The holder and all of their contractors /subcontractors shall have
in their possession a copy of the right -of -way grant.
y The holder shall be required to fence both sides of the roadway.
The east side of the fence shall be 4 strands (16, 22, 28 ar.d 40
inches from the soil surface) with the bottom wire smooth anc the
rest barbed. The fence posts would be five - and -a -half feet long
and rated as 1.33. Their spacing would be one rod (16.5 feet)
apart with twisted wire -stay halfway between each post. The
bottom end of each stay would be bent -up. There would he a
stretch -panel approximately every quarter -mile to anchor the wire
ends. They would be constructed of E -Z metal panels. The west
5
side of the fence shall be 3 strands (18, 26, and 38 inches from
the soil surface) with the top and bottom wire being smooth ar.d the
middle barbed.
z. The holder shall install a 14 foot wide cattle guard and a 14 foot
wide powder river style gate at the intersection of 19th Street and
the dry utilities road to Pronghorn Resort.
aa. The holder shall obtain the services of a licensed professLonal
engineer to locate, survey, design, and construct the proposed road
as directed by the authorized officer. The road design sha_1 be
based on the (1) width, (2) maximum grade, and (3) design sped of
the road.
bb. The holder shall survey and clearly mark the exterior limits of the
right -of -way, as determined by the authorized officer.
cc. Right -of -way clearing shall be limited to the limits of the r_ght-
of -way.
dd. The holder shall trim trees in preference to cutting tree and
shall cut trees in preference to bulldozing them as directed b✓ the
authorized officer.
ee. Holder shall remove only the minimum amount of vegetation nece3sary
for the construction of structures and facilities. Topsoil Lhall
be conserved during excavation and reused as cover on disturbed
areas to facilitate regrowth of vegetation.
ff. The holder shall permit free and unrestricted public access to and
upon the right -of -way for all lawful purposes except for those
specific areas designated as restricted by the authorized officer
to protect the public, wildlife, livestock, or facilities
constructed within the right -of -way.
gg•
The holder shall recontour disturbed areas, or designated sections
of the right -of -way, by grading to restore the site to
approximately the original contour of the ground as determined by
the authorized officer.
hh. Construction sites shall be maintained in a sanitary conditicn at
all times; waste materials at those sites shall be dispose) of
promptly at an appropriate waste disposal site. "Waste" mean: all
discarded matter including, but not limited to, human waste, trash,
6
garbage, refuse, oil drums, petroleum products, ashes, and
equipment.
ii. The holder shall furnish and apply water or other Weans
satisfactory to the authorized officer for dust control.
jj. The maximum limitation for such strict liability damages shall not
exceed $ 1,000,000.00 for any one event (road construction and
maintenance), and any liability in excess of such amount shall be
determined by the ordinary rules of negligence of the jurisdi :tion
in which the damage or injury occurred.
kk. The holder shall adhere to the industrial fire precaution lerels.
Call Central Oregon Interagency Dispatch at 1- 800 - 523 -47,7 to
ascertain the fire level.
11. The holder shall contact the authorized officer prior to begilning
construction work on BLM managed public lands.
mm. In the event the holder sells the property the holder: is
responsible for completing an assignment to transfer this
authorization to the new landowner.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of
this right -of -way grant.
Signature of Holder Signature of Authorized Offi(:er
Title Title
Date Effective Date of Grant
7
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby accept that
certain RIGHT -OF -WAY GRANT, SERIAL NUMBER OR -65448 from the United States Departmen L
of the Interior, Bureau of Land Management to Deschutes County, Oregon, through its Deschutes
County Road Department pursuant to ORS 92.014.
DATED this day of , 2009.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
STATE OF OREGON )
) SS.
County of Deschutes )
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.
ACCEPTANCE
NOTARY PUBLIC FOR OREGON
My Commission Expires:
C: \DOCUMENTS AND SETTINGS \KOLB \MY DOCUMENTS \WORD \BOILERPLATE DOCUMENTS\ACCEPTANCE OF DEDICATION BLM.DOC
11/9/2009 2:18 PM
PROPOSED 19TH STREET ACROSS BLM LAN r%.
STAKED BY DESCHUTES COUNTY ROAD DEPT. 10/1/2008
FLAGGED IN FIELD:
PINK = 19TH R/W (100' WIDE)
BLUE = 19TH C/L
ALL LINES STAKED IN FIELD ARE APPROXIMATE FOR
THE PURPOSE OF BLM EVALUATION OF CULTURAL
AND NATURAL RESOURCES ALONG PROPOSED
CORRIDOR.
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