HomeMy WebLinkAboutRight of Entry - ODOT (2)Deschutes County Board of Commissioner
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 May 7, 2008
Please see directions for completing this document on the next page.
DATE: 04/28/2008
FROM: Teresa Rozic Property and Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration and Signature by County Administrator of Document 2008-215, a Right -of -Entry for the
Oregon Department of Transportation to conduct site inspections on county -owned land.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of Transportation ("ODOT") is working on developing alternatives for the US
97 Bend North Corridor Project. The project area is bounded on the south by Bend Parkway/Empire
Ave interchange and on the north by Deschutes Market Rd-Tumalo Jct. interchange.
ODOT requests permission to enter 16 different county -owned parcels to do field work. The work
involves environmental specialists conducting surveys for threatened or endangered plants or animals,
identification of wetlands and waterways, observation of historic properties and observations for
archeological artifacts in the areas that could be acquired for additional right of way or indirectly
impacted.
No ground disturbing activities will occur in this phase.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature by the County Administrator.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Return original to Teresa Rozic
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.
04/28/2008
Contact Person:
Teresa Rozic
Department:
Contractor/Supplier/Consultant Name:
Goods and/or Services: Right of Entry
Property and Facilities
Phone #:
385-1414
Oregon Department of Transportation
Background & History: The Oregon Department of Transportation (ODOT) is working
on developing alternatives for the US 97 Bend North Corridor Project. The project area is
bounded on the south by Bend Parkway/Empire Ave interchange and on the north by
Deschutes Market Rd-Tumalo Jct. interchange.
ODOT requests permission to enter various county -owned parcels to do field work. The
work involves various environmental specialists conducting surveys for threatened or
endangered plants or animals, identification of wetlands and waterways, observation of
historic properties and observations for archeological artifacts in the areas that could be
acquired for additional right of way or indirectly impacted.
No ground disturbing activities will occur in this phase.
Agreement Starting Date:
Upon signature
Annual Value or Total Payment:
None
N/A 1 1 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)
Il
Il
Ending Date:
12/01/2008
N/A Funding Source: (Included in current budget? 1 1 Yes ❑ No
If No, has budget amendment been submitted? I 1 Yes 1 1 No
Departmental Contact:
Teresa Ro
385-1414
zic hone #:
Department Director Approval:
Title: Property Specialis]
c,161 (6S
Signature Date
Distribution of Document: RETURN ORIGINAL TO TERESA ROZIC
4/D/2008
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
4/28 2008
REVIEWED
LEGAL COUNSEL
RIGHT OF ENTRY
Deschutes County, hereinafter referred to as "Grantor", does hereby grant to the State
of Oregon, by and through the Oregon Department of Transportation, its employees,
agents, or contractors, the right and license to go upon the real properties identified
below and shown on the attached Exhibit "A" for the following purposes:
Environmental Survey — examination for threatened or endangers plants or animals,
identification of wetlands and waterways, observation of historic properties, and
observations for archeological artifacts in the areas that could be acquired for additional
right of way or indirectly impacted.
The estimated time frame for the surveys above is spring and summer of 2008.
Property Descriptions:
Map and Taxlot
Number
161226B000701
161226C000100
161226C000109
1612340000400
1612340000800
1712030000700
1712030000800
1712040000100
171216AB00499
171217D000100
171217D000106
171217D000108
171217D000109
171217D000110
Conditions
Subject to the restrictions contained in Deed recorded as
document 99-8949, Official Records of Deschutes County.
Subject to the restrictions contained in Deed recorded as
document 99-8949, Official Records of Deschutes County.
Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
Page 1 of 2
Right of Entry — Oregon Department of Transportation Document 2008-215
enforcement.
171217D000599 Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
171217D000609 Persons entering the Public Safety Complex and vicinity are
subject to field interviews by Deschutes County law
enforcement.
171221C001200
IT IS UNDERSTOOD AND AGREED that this right and license shall continue until
December 1, 2008 unless expressly revoked by Grantor before work is completed. It is
further understood that the Oregon Department of Transportation shall, to the extent
permitted by Oregon law, be responsible for any damage arising from the activity of the
State, its officers, employees, agents, or contractors on said land and exercise of rights
under this Right of Entry either by repairing such damage or, at the option of the State,
by making an appropriate settlement with the above named in -lieu thereof.
Grantor hereby represents and warrants that he is the owner of said real property or
otherwise has the right to grant this permit for entry.
Dated this day of , 2008.
DESCHUTES COUNTY, OREGON
Dave Kanner, County Administrator
Page2of2
Right of Entry — Oregon Department of Transportation Document 2008-215
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Page 1 of 5
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Page 2 of 5
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Page 3 of 5
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Page 4 of 5
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Page 5 of 5