josephine county board of commissioners wbs (paperless)… ·  · 2014-05-15josephine county board...

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Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, Vice Chair; and Simon G. Hare, Commissioner Josephine County Courthouse, 500 N. W. 6th Street Dept. 6, Grants Pass, OR 97526 541) 474- 5221, Fax( 541) 474- 5105 http// www. cojosephmeorus WEEKLY BUSINESS SESSION Agenda May 21, 2014, 9: 00 a. m. 2' d Wednesday of Month is Evening Meeting) Anne G. Basker Auditorium 604 N. W. Sixth Street, Grants Pass, Oregon 1. PRESENTATION: ROGUE VALLEY FOOD SYSTEM NETWORK 2. ADMINISTRATIVE ACTION( S) IN CONSIDERATION OF: a. Ratification of Resolution 2014- 020 In the Matter of the Declaration of a State of Drought Emergency for Josephine County, Oregon b. Ratification of Notice of Intent to Award— Forest Inventory Contract c. Ratification of Notice of Intent to Award—Codification Contract d. Approval of Report and Recommendation and Order 2014- 018 In the Matter of Replacement of Bridge Culvert on Foothill Boulevard; Approving Temporary Closure of Roadway during Culvert Replacement e. Approval of Report and Recommendation and Order 2014- 019 In the Matter of Replacement of Woodcock Creek Bridge on Westside Road; Approving Temporary Closure of Roadway during Replacement of Bridge f. Approval of Warranty Deed for Right of Way Acquisition of a Portion of Property from John Merrill Dwyer for the Construction/ Replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035 g. Approval of Warranty Deed for Right of Way Acquisition of a Portion of Property from Jeffrey P. Keil for the Construction/ Replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035 h. Approval of Property Acquisition for the Replacement of Slate Creek Bridge ( Slate Creek Road) Bridge# 369010, from Thomas R. and Cynthia A. Alexander i. Approval of Grant Agreement with the Sobering Center($ 50, 000) 3. APPROVAL OF CONSENT CALENDAR: li a. Minutes ( Draft minutes are available for viewing in the Board' s Office) County Administration Workshop— April 24, 2014 General Discussion— April 24, 2014 General Discussion— April 29, 2014 State Forestry Meeting— April 29, 2014 Weekly Business Session— April 30, 2014 Executive Session— April 30, 2014( Open Session) County Administration Workshop— May 1, 2014 General Discussion— May 6, 2014 Weekly Business Session— May 7, 2014 County Administration Workshop— May 8, 2014 b. Resolution 2014- 019 In the Matter of an Appointment to the Local Alcohol and Drug Planning Committee 4. OTHER: ( ORS. 192. 640( 1) ". . . notice shall include a list of the principal subjects anticipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects.') 5. REQUESTS FROM CITIZENS: ( Commissioners will hear the request and refer it to County staff or schedule it for future discussion.) The Board is available during the week to meet with citizens. 6. MATTERS FROM COMMISSIONERS: If special physical or language accommodations are needed for this Public Session, please notify the Commissioners' Office at( 541) 474- 5221 at least 48- hours prior to Session. TDD( Hearing- Impaired) 1- 800- 735- 2900.

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Page 1: Josephine County Board of Commissioners WBS (Paperless)… ·  · 2014-05-15Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, ... pasture shortages, decrease

Josephine County Board of CommissionersCherryl Walker, Chair; Keith Heck, Vice Chair; and Simon G. Hare, Commissioner

Josephine County Courthouse, 500 N.W. 6th Street Dept. 6, Grants Pass, OR 97526541) 474- 5221, Fax( 541) 474- 5105 http// www. cojosephmeorus

WEEKLY BUSINESS SESSION

Agenda

May 21, 2014, 9: 00 a. m.2' d Wednesday ofMonth is Evening Meeting)

Anne G. Basker Auditorium

604 N.W. Sixth Street, Grants Pass, Oregon

1. PRESENTATION: ROGUE VALLEY FOOD SYSTEM NETWORK

2. ADMINISTRATIVE ACTION(S) IN CONSIDERATION OF:

a. Ratification of Resolution 2014-020 In the Matter of the Declaration of a State of Drought Emergency forJosephine County, Oregon

b. Ratification of Notice of Intent to Award—Forest Inventory Contract

c. Ratification of Notice of Intent to Award—Codification Contract

d. Approval of Report and Recommendation and Order 2014- 018 In the Matter of Replacement of Bridge Culvert on

Foothill Boulevard; Approving Temporary Closure of Roadway during Culvert Replacement

e. Approval of Report and Recommendation and Order 2014- 019 In the Matter of Replacement of Woodcock Creek

Bridge on Westside Road; Approving Temporary Closure of Roadway during Replacement of Bridge

f. Approval of Warranty Deed for Right of Way Acquisition of a Portion of Property from John Merrill Dwyer forthe Construction/Replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035

g. Approval of Warranty Deed for Right of Way Acquisition of a Portion of Property from Jeffrey P. Keil for theConstruction/Replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035

h. Approval of Property Acquisition for the Replacement of Slate Creek Bridge ( Slate Creek Road) Bridge# 369010,from Thomas R. and Cynthia A. Alexander

i. Approval of Grant Agreement with the Sobering Center($ 50,000)

3. APPROVAL OF CONSENT CALENDAR:

li a. Minutes (Draft minutes are available for viewing in the Board's Office)County Administration Workshop—April 24, 2014

General Discussion— April 24, 2014

General Discussion— April 29, 2014

State Forestry Meeting—April 29, 2014

Weekly Business Session— April 30, 2014

Executive Session— April 30, 2014( Open Session)

County Administration Workshop—May 1, 2014General Discussion— May 6, 2014Weekly Business Session— May 7, 2014County Administration Workshop—May 8, 2014

b. Resolution 2014-019 In the Matter of an Appointment to the Local Alcohol and Drug Planning Committee

4. OTHER: ( ORS.192.640( 1) ". . . notice shall include a list ofthe principal subjects anticipated to be considered at themeeting, but this requirement shall not limit the ability ofa governing body to consider additional subjects.')

5. REQUESTS FROM CITIZENS: ( Commissioners will hear the request and refer it to County staff or schedule it for futurediscussion.) The Board is available during the week to meet with citizens.

6. MATTERS FROM COMMISSIONERS:

If special physical or language accommodations are needed for this Public Session, please notify the Commissioners' Officeat( 541) 474- 5221 at least 48- hours prior to Session. TDD( Hearing- Impaired) 1- 800-735-2900.

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATEOF OREGON

IN THE MATTER OF THE DECLARATION OF )A STATE OF DROUGHT EMERGENCY FOR ) RESOLUTION NO. 2014- 020

JOSEPHINE COUNTY, OREGON

WHEREAS ORS 401. 305 provides authority for Josephine County to act as an emergencymanagement agency and to establish policies and protocols for defining and directing responsibilitiesduring time of emergency; and

WHEREAS pursuant to ORS Chapter 401 and the Charter for Josephine County, the Board ofCommissioners has enacted Resolution 2011- 020, which provides executive responsibility in times ofemergency and which provides the procedures for declaring a State of Emergency; and

WHEREAS the Josephine County Board of Commissioners finds that there is the potential for theJosephine County agricultural and livestock industries, and recreational, river, tourism, and relatedeconomies to experience widespread and severe economic damage and injury resulting from extremeweather conditions within the County; and

WHEREAS annual water supplies available for irrigators and ranchers within Josephine Countyare a function of available water in the Rogue, Applegate, and Illinois Rivers and their tributaries, and inthe Lost Creek and Applegate Reservoirs; and

WHEREAS, the United States Department of Agriculture has estimated that in this water year,

from October 1, 2013 through May 3, 2014, the Rogue Basin is at 29 percent of total average snowpackand only 77 percent of total average precipitation; and

WHEREAS Josephine County has approximately 46,293 acres of land that is irrigated from storedwater, and many farmers, ranchers, and vineyards rely solely upon natural water sources, which are notaugmented by local reservoirs; and the tributaries to the Rogue, Illinois and Applegate Rivers are inextreme jeopardy of drying, as they rely upon annual snowpack to run; and

WHEREAS local water experts proclaim that this is the driest year in the past 30 years and the

lowest snowpack of record in Josephine County; and the extended weather forecast for Josephine Countyprojects higher than normal temperatures and below average precipitation; and

WHEREAS the above conditions result in loss of economic stability for agriculture, recreation,and tourism industries, pasture shortages, decrease in feed production, shortened growing season, anddecreased water supplies for Josephine County agricultural, vineyard, and livestock producers; and

WHEREAS this multi-year cumulative drought has resulted in decreased fuel moisture and earlyonset fire danger; and

WHEREAS in 2013 Josephine County experienced several devastating and large wildfires, andJosephine County still suffers from its effects; and

RESOLUTION NO. 2014- 020

Page 1 of 2

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WHEREAS, the Josephine County Board of Commissioners determines that extraordinarymeasures must be taken to alleviate suffering of people and livestock, to protect or mitigate economicloss, and to be responsive to the threat of wildfires; and

WHEREAS all available resources have been expended to respond to the drought emergency;

NOW, THEREFORE,

IT IS HEREBY RESOLVED that the Josephine County Board of Commissioners formallydeclares a State of Emergency for Josephine County, effective this

15th

day ofMay, 2014, for all areas ofJosephine County, including the incorporated cities of Grants Pass and Cave Junction; and

IT IS FURTHER RESOLVED that upon this Declaration of a State of Emergency, the EmergencyServices Program Manager of Josephine County shall have authority to respond to the emergency andimplement the Josephine County Emergency Operations Plan pursuant to Resolution No. 2011- 020; and

IT IS FURTHER RESOLVED that the County Emergency Manager or her designee shall take allnecessary steps authorized by law to coordinate response and recovery from this emergency, including butnot limited to requesting assistance from the State of Oregon; and

IT IS FURTHER RESOLVED that pursuant to ORS 401. 165, the Board of Commissionersrequests that the Honorable John Kitzhaber, Governor of Oregon, declare a Drought Emergency for all of

Josephine County due to severe and continuing drought conditions; and that the Oregon Department ofWater Resources make available in Josephine County: Temporary Transfers of Water Rights, EmergencyWater Use Permits, and Use of Existing Right Option/Agreement, and other Federal and State droughtassistance and programs as needed; and

IT IS FURTHER RESOLVED that all emergency purchasing provisions of the EmergencyOperations Plan shall become immediately effective until termination of the State of Emergency or untilfurther order of the Board of Commissioners.

DATED this15th

day of May, 2014.

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

0Cherryl W. - r, Chair

l C/""' L

K. O. Heck, Vice-Chair

Ei i„,----7 D.Simon Hare, Commissior,6r

RESOLUTION NO. 2014- 020

Page 2 of 2

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Josephine County, OregonBoard of Commissioners: Cherry] Walker, K.O. Heck, Simon G. Hare

Josephine County Courthouse500 NW 6th Street, Dept. 6/ Grants Pass, OR 97526

E ---- ..- 541) 474- 5221 / FAX( 541) 474-5105

www.co jhtt :// ose hine.or.us

vssawsmossoirP J p

NOTICE OF INTENT TO AWARD CONTRACT,

FOREST INVENTORY PROJECT

It is the intent of Josephine County, Oregon to award the contract for its Forest Inventory Projectto the following proposer:

RIVER ASSOCIATES,, LLC

This Notice of Intent to Award is subject to execution of a written contract and, as a result, thisNotice does NOT constitute the formation of a contract between Josephine County and theapparent successful proposer. The proposer shall not acquire any legal or equitable rightsrelative to the contract services until a contract containing terms and conditions acceptable toJosephine County, Oregon is executed. If the apparent successful proposer fails to negotiate

and execute a contract with Josephine County, Josephine County may revoke the award andaward the contract to the next highest ranked proposer, or withdraw the Proposal. JosephineCounty further reserves the right to cancel this Notice of Intent to Award at any time prior to theexecution of a written contract.

This Notice of Intent to Award starts the seven-day period in which an unsuccessful proposermay file a protest of the Award, pursuant to Section 3. 6 of the Request for Proposals document.The deadline for submitting written protests of the selection process is May 22, 2014.

Thank you for participating in the competitive proposals process. For information about this

notice, please refer questions to the contact person in Section 1. 5 of the Request for Proposalsdocument.

A copy of this NOTICE will be issued to each proposer who was evaluated.

DATED this 15 day of May, 2014.

JOSEPHINE COUNTY

BO OF COMMISSIONERS

e "7 o Lib 0 .

Cher I Wal r, Chair

K.O. ck, Vice- Chair

A41.4----- •-" ,-). -/ 74--- -

Si?trbn G. Hare, Commis ioner

Josephine County is an Equal Opportunity Employer and complies with Section 504 of the Rehabilitation Act of 1973."

Page 5: Josephine County Board of Commissioners WBS (Paperless)… ·  · 2014-05-15Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, ... pasture shortages, decrease

Josephine County, OregonBoard of Commissioners: Cherryl Walker, K.O. Heck, Simon G. Hare

Josephine County Courthouse500 NW 6t1i Street, Dept. 6/ Grants Pass, OR 97526

r 541) 474-5221 / FAX( 541) 474- 5105

http:// www.co.josephine.or.usvstsissommr

NOTICE OF INTENT TO AWARD CONTRACT

CODIFICATION SERVICES

It is the intent of Josephine County, Oregon to award the contract for ordinance codificationservices to the following proposer:

CODE PUBLISHING, INC.

This Notice of Intent to Award is subject to execution of a written contract and, as a result, thisNotice does NOT constitute the formation of a contract between Josephine County and theapparent successful proposer. The proposer shall not acquire any legal or equitable rightsrelative to the contract services until a contract containing terms and conditions acceptable toJosephine County, Oregon is executed. If the apparent successful proposer fails to negotiate

and execute a contract with Josephine County, Josephine County may revoke the award andaward the contract to the next highest ranked proposer, or withdraw the Proposal. JosephineCounty further reserves the right to cancel this Notice of Intent to Award at any time prior to theexecution of a written contract.

This Notice of Intent to Award starts the seven- day period in which an unsuccessful proposermay file a protest of the Award, pursuant to Section 3. 6 of the Request for Proposals document.The deadline for submitting written protests of the selection process is May 22, 2014.

Thank you for participating in the competitive proposals process. For information about this

notice, please refer questions to the contact person in Section 1. 4 of the Request for Proposalsdocument.

A copy of this NOTICE will be issued to each proposer who was evaluated.

DATED this 5 day of May, 2014.

JOSEPHINE COUNTY

B OF COMMISSIONERS

0 ( p A —

Cher IWalke9hair

dAAK.O. eck, Vice-Chair

Simon G. Hare, Commis ' ner

Josephine County is an Equal Opportunity Employer and complies with Section 504 of the Rehabilitation Act of 1973."

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li 1 1 1 III ll III it

Josephine County Board of CommissionersCherry) Walker, Chair o Keith Heck, Vice Chair U Simon G. Hare, Commissioner

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAgendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIncorrect or incomplete documents will be returned to the contact person

If sending documents electronically- send to both

twharton(d.co.iosephine.or.us and Imcelmurrv(a.co.iosephine.or.us

Date submitted to BCC 5/ 12/ 14 REVISED

Requested Meeting Date ( Administration Workshop) 5/ 15/ 14FEBRUARY 2014

Requested Meeting Date( Weekly Business Session) 5/ 21/ 14

AGENDA TITLE: Report and Recommendation & Order No. 2014-_; In the Matter of Replacement of Bridge

Culvert on Foothill Boulevard; Approving Temporary Closure of Roadway during Culvert ReplacementDepartment I Public WorksContact Person: Include Title& Extension# I Rob Brandes, Public Works Director; Chuck DeJanvier, County EngineerPresenter: Include Name(s) and Title(s) I Chuck DeJanvierBackground information The Report and Recommendation attached identifies the criteria for replacement

of the bridge culvert and the necessity for closure of the roadway during culvertreplacement.

Action you are requesting from the Board I Approve and sign the Report and Recommendation and Board order.Review by CFO ( Yes, No, or N/A) Yes

Review by Legal Counsel ( Yes, No, or N/A) I YesRevenue or Cost to County I N/ANotes or Special Instruction to BCC Staff

Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additionalSubmitted original on the documents? agency be signing signatures needed? signatures be

All exhibits to a documents Y/N or BCC only the document? Y/ N Y/ N received

document must be submitted electronically? Y/ Nclearly marked)

Report& Recommend. 1 BCC N N N

I Order 1 BCC N N NI'

I DOCUMENT DISTRIBUTION:

If all signatures are on the document: Board staff is required to submit one fully executed original for recording in the County Clerk'soffice. If multiple originals are submitted, all but one original will be returned to the contact person.State and federal agencies— if all signatures are not on the document:

Original documents: Board staff retain one original with Board signatures and return the remainder originals to the contact person to

obtain the remaining signatures. Upon department receipt of the fully executed document, one fully executed original or electronic copymust be returned to the Board staff for recording in the County Clerk's office.

Electronic documents: Board staff will retain one original and return one original to the contact person to obtain the remainingsignature. Upon department receipt of the fully executed electronic document, one fully executed electronic original must be returned to theBoard staff for recording in the County Clerk's office.

II

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Josephine County, OregonBoard of Commissioners: Simon Hare, Keith Heck, Cherryl Walker

PUBLIC WORKS

Robert Brandes, Director

201 River Heights Way, Grants Pass, OR 97527541) 474- 5460/ FAX( 541) 474- 5475

TDD#( 800) 735- 2900

REPORT& RECOMMENDATION

TO: Board of County Commissioners

FROM: Charles A. DeJanvier, P.E. County Engineer

RE: Closure of Foothill Blvd during the replacement of a failed cross culvert MP 2. 3

DATE: April 11, 2014

REPORT:

Foothill Blvd, which was established by Commissioner' s Journal Book 1 Page 148 ( JacksonCounty Commisioner' s Journal) on March 1, 1870, is East of Grants Pass. The 5 foot diameterculvert at Mile Post 2. 3. The existing culvert is about 120 feet in length and is constructed ofmetal plates bolted together.

This bridge was identified this year as having a major failure in the middle section of theculvert. The culvert is about 15 feet deep thus eliminating the possibility of safely excavatinghalf at a time and allowing controlled traffic movement through one lane via flaggers.

The 2013 ADT (average daily vehicle trip count) is 1445 with about 8 % of the trips beingtrucks.

Construction is currently scheduled to begin in summer of 2014 while school is out, eliminatingthe long detour for the school busses.

Pursuant to ORS 810.030, the Board, as the authority for all county roads outside the boundariesof an incorporated city, has authority to impose, by order, any restriction on highway use thatthe Board determines necessary to protect the interest and safety of the general public. Pursuantto the Memorandum dated August 31, 2011, from County Counsel, Steve Rich (copy attached),there are no statutory requirements for holding a public hearing prior to consideration of aBoard Order.

ROADS BRIDGES DRAINAGE ENGINEERING SOLID WASTE FLEET

Josephine County is an Affirmative Action/ Equal Opportunity Employer and complies with Section 504 of the Rehabilitation Act of 1973"

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Board of Commissioners

Report and Recommendation- Closure of Foothill Blvd during the replacement of the failed culvert at MP 2. 3April 11, 2014

Page 2

RECOMMENDATION:

To protect the interest and safety of the general public and for the reasons stated herein,Josephine County Public Works recommends that the Board, as the County Road Authority,authorize by order the temporary closure of Foothill Blvd during the replacement of the culvert.The closure is expected to last up to 3 weeks.

Public Works will post notices adjacent to the bridge at least four (4) weeks prior to the

anticipated closure, and road closure signs with dates and detour directions will be installed at

the same time. A full media notice, including notice to emergency services agencies, will beprovided at - ast - ( 5) I s prior to the closure.

y PiaRobert Brans Karles A. r P. E.

Public Works Director County Engin r

THE BOARD OF COMMISSIONERS APPROVES THIS RECOMMENDATION:

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K. O. Heck, Vice-Chair

Simon G. Hare, Commissioner

DATE: 2014

Page 9: Josephine County Board of Commissioners WBS (Paperless)… ·  · 2014-05-15Josephine County Board of Commissioners Cherryl Walker, Chair; Keith Heck, ... pasture shortages, decrease

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY

STATE OF OREGON

In the Matter of Replacement of Bridge

Culvert on Foothill Boulevard; Approving )Temporary Closure of Roadway ORDER No. 2014-0Igduring Culvert Replacement

WHEREAS, a failed bridge cross culvert is located east of Grants Pass, at approximatelymilepost 2. 3 on Foothill Boulevard, a part of the County road system, in the South West Quarterof Section 14, Township 36 South Range 5 West of the Willamette Meridian, Josephine County,

r n' andego , a d

WHEREAS, following an inspection, the bridge cross culvert was identified this year ashaving a major failure in the middle section of the culvert, and is unsafe because of physicaldeterioration, and is scheduled for replacement; and

WHEREAS, the County has scheduled replacement of the culvert to begin in thesummer of 2014, to continue for approximately three (3) weeks; and

WHEREAS, the Board has reviewed a report and recommendation from the CountyEngineer regarding the appropriate method of handling traffic during culvert replacement; and

WHEREAS, pursuant to ORS 810.010, the Board of Commissioners is the road authorityfor all county roads outside the boundaries of an incorporated city, and pursuant to ORS810.030 has the authority to impose, by order, any restriction on highway use if, in the Board' sdetermination, it is necessary to protect the interest and safety of the general public;

WHEREAS, pursuant to the County Engineer's Report and Recommendation, the Boardhas determined that it is in the best interest of the public to temporarily close Foothill Boulevardbetween mileposts 2. 26 and 2.32 during construction for culvert replacement;

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. To protect the interest and safety of the general public, and pursuant to authoritygranted in ORS 810.010 and ORS 810.030, the County Public Works Department is authorizedto temporarily close Foothill Boulevard, a County Road, to all vehicular and pedestrian trafficbetween mileposts 2. 26 and 2. 32, during replacement of the bridge cross culvert at thatlocation, estimated to begin in the summer of 2014; and

2. Pursuant to the County Engineer's Report and Recommendation dated April 11,2014, the Josephine County Public Works Department is directed to provide notice as follows:

a. By posting notices adjacent to the bridge at least four( 4) weeks prior tothe anticipated road closure, including road closure signs with dates anddetour directions;

b. By providing notice to all emergency services agencies and to media atleast five (5) days prior to the date scheduled for closure; and

Order No. 2014- 06Page 1 of 2

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c. By erecting appropriate signs, pursuant to ORS 810.030(3), giving noticeof the road closure, which signs shall be maintained in a conspicuous

manner and placed at each end of the section of Westside Road affected

by this order and at such other places as necessary to inform the public ofthe road closure.

3. This Order shall remain in full force and effect from the date of its signing untilfurther Order of this Board.

4. A copy of this Order shall be provided to the County Public Works Department.

DATED: May 2014.

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherry) Walker, Chair

K. O. Heck, Vice-Chair

Simon G. Hare, Commissioner

RECOMMEND

iarles J ,, r, P. ounty Engineer

d. /VRobert Brandes, Public Works' birectbr

APPROVED AS TO FORM:

Steven E. Rich

County Legal Counsel

Order No. 2014- 0/ 0

Page2of2

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j,

s. S

1 I I I I I I I I I I I III Iw

Josephine County Board of CommissionersCherry) Walker, Chair U Keith Heck, Vice Chair o Simon G. Hare, Commissioner

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAgendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIncorrect or incomplete documents will be returned to the contact person

If sending documents electronically- send to both

twharton(a.co.iosephine.or.us and Imcelmurrv(a co.iosephine.or.us

Date submitted to BCC 5/ 12/ 14 REVISED

Requested Meeting Date ( Administration Workshop) 5/ 15/14FEBRUARY 2014

Requested Meeting Date( Weekly Business Session) 5/ 21/ 14

AGENDA TITLE: Report and Recommendation & Order No. 2014- ; In the Matter of Replacement of Woodcock

Creek Bridge on Westside Road; Approving Temporary Closure of Roadway during Replacement of BridgeDepartment I Public WorksContact Person: Include Title& Extension# I Rob Brandes, Public Works Director; Chuck DeJanvier, County EngineerPresenter: Include Name(s) and Title(s) I Chuck DeJanvierBackground information The Report and Recommendation attached identifies the criteria for replacement

of the bridge and the necessity for closure of the roadway during bridgereplacement.

Action you are requesting from the Board I Approve and sign the Report and Recommendation and Board order.Review by CFO ( Yes, No, or N/A) I YesReview by Legal Counsel ( Yes, No, or N/A) I YesRevenue or Cost to County I N/ANotes or Special Instruction to BCC Staff

Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additional

Submitted original on the documents? agency be signing signatures needed? signatures be

All exhibits to a documents Y/N or BCC only the document? Y/ N Y/ N received

document must be submitted electronically? Y/Nclearly marked)

Report& Recommend. 1 BCC N N N

Order 1 BCC N N N

DOCUMENT DISTRIBUTION:

If all signatures are on the document: Board staff is required to submit one fully executed original for recording in the County Clerk'soffice. If multiple originals are submitted, all but one original will be returned to the contact person.

State and federal agencies— if all signatures are not on the document:

Original documents: Board staff retain one original with Board signatures and return the remainder originals to the contact person to

obtain the remaining signatures. Upon department receipt of the fully executed document, one fully executed original or electronic copymust be returned to the Board staff for recording in the County Clerk's office.

Electronic documents: Board staff will retain one original and return one original to the contact person to obtain the remainingsignature. Upon department receipt of the fully executed electronic document, one fully executed electronic original must be returned to theBoard staff for recording in the County Clerk's office.

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Josephine County, OregonBoard of Commissioners: Simon Hare, Keith Heck, Cherryl Walker

PUBLIC WORKS

Robert Brandes, Director

201 River Heights Way, Grants Pass, OR 97527541) 474- 5460/ FAX( 541) 474- 5475

TDD# (800) 735- 2900

REPORT& RECOMMENDATION

TO: Board of County Commissioners

FROM: Charles A. DeJanvier, P. E. County Engineer

RE: Closure of West Side Road during replacement of the Woodcock Creek Bridge

DATE: April 11, 2014

REPORT:

The Woodcock Creek Bridge, which was constructed in 1958 and rehabilitated in 1974, is west

of Cave Junction on Westside Road at Mile Post 0. 78. The existing bridge is 23 feet in lengthand is constructed of timber girders with a timber deck that is topped with A/ C. Westside Road

is a part of the county road system under the jurisdiction and control of Josephine County, byand through the Board of County Commissioners via Commissioner' s Journal Book 1 Page 77dated 4- 5- 1959.

This bridge was identified as meeting the criteria for replacement using OTIA III funds.Although it did not make the first cut of funding, the bridge remained on the list and now hasrisen to the top of the list and received replacement funding.P p g

The 2010 ADT (average daily vehicle trip count) is 268. As the attached map shows, there is adetour bridge available at Finch Road which can take legal loads. Oversize Loads and

Overweight Loads would not be able to access north of this bridge on Westside Road for the

duration of the closure (approximately 5. 6 miles in length). In reviewing the permits issued bythis office for this section of road over the last couple of years has averaged less than one ( 1)

oversize/overweight permit per year. Should emergency services require access with anoversize/overweight vehicle, this office would work with the ODOT load rating group to find asolution.

The County is currently a party to an IGA with ODOT to replace this bridge Agreement 21507Amendment 2 signed by the BCC on 011/ 13/ 2013). Construction is currently scheduled tobegin in summer of 2015. Due to the bridge being removed and replaced, closure is necessary.

ROADS BRIDGES DRAINAGE ENGINEERING SOLID WASTE FLEET

Josephine County is an Affirmative Action/ Equal Opportunity Employer and complies with Section 504 of the Rehabilitation Act of 1973"

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Board of Commissioners

Report and Recommendation- Closure of West Side Road during replacement of the Woodcock Creek BridgeApril 11, 2014

Page 2

Pursuant to ORS 810.030, the Board, as the authority for all county roads outside the boundariesof an incorporated city, has authority to impose, by order, any restriction on highway use thatthe Board determines necessary to protect the interest and safety of the general public. Pursuantto the Memorandum dated August 31, 2011, from County Counsel, Steve Rich( copy attached),there are no statutory requirements for holding a public hearing prior to consideration of aBoard order.

RECOMMENDATION:

To protect the interest and safety of the general public and for the reasons stated herein,Josephine County Public Works recommends that the Board, as the County Road Authority,authorize by order the temporary closure of the Woodcock Creek Bridge, during thereplacement of the bridge. Construction is anticipated to begin in summer 2015 and the closure

is expected to last up to 4 weeks.

Public Works will post notices adjacent to the bridge at least four (4) weeks prior to the

anticipated closure, and road closure signs with dates and detour directions will be installed atp g

the same time. A full media notice, including notice to emergency services agencies, will beprovide. . ; ,- ) day . rior to the closure.

V/3/11(

i ftRobert Brandes Charles A.1e a vier, P. E.Public Works Director County Engineer

THE BOARD OF COMMISSIONERS APPROVES THIS RECOMMENDATION:

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K. O. Heck, Vice-Chair

Simon G. Hare, Commissioner

DATE: 2014

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BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATE OF OREGON

In the Matter of Replacement of

Woodcock Creek Bridge on Westside ORDER No. 2014- 0/ 61Road; Approving Temporary Closure of )Roadway during Replacement of Bridge )

WHEREAS, Woodcock Creek Bridge ( Bridge) is located west of Cave Junction at

milepost 0. 78 on Westside Road, a part of the County road system, in the South East Quarter ofSection 31, Township 39 South, Range 8 West of the Willamette Meridian, Josephine County,Oregon; and

WHEREAS, following an inspection, the Oregon Department of Transportation ( ODOT)rated the Bridge as unsafe because of physical deterioration, and identified the Bridge as

eligible for replacement using OTIA III funding; and

WHEREAS, the County has entered into a Highway Bridge Program Project agreementwith ODOT to replace the existing Bridge with a new structure, with construction of the Bridgeestimated to begin in the summer of 2015, and continuing for approximately four (4) weeks; and

WHEREAS, the Board has reviewed a report and recommendation from the CountyEngineer regarding the appropriate method of handling traffic during Bridge replacement; and

WHEREAS, pursuant to ORS 810. 010, the Board of Commissioners is the road authorityfor all county roads outside the boundaries of an incorporated city, and pursuant to ORS810.030 has the authority to impose, by order, any restriction on highway use if, in the Board'sdetermination, it is necessary to protect the interest and safety of the general public;

WHEREAS, pursuant to the County Engineer's Report and Recommendation, the Boardhas determined that it is in the best interest of the public to temporarily close Woodcock CreekBridge ( Bridge) between mileposts 0. 77 and 0. 78 on Westside Road during Bridge replacement;

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. To protect the interest and safety of the general public, and pursuant to authoritygranted in ORS 810.010 and ORS 810.030, the County Public Works Department is authorizedto temporarily close Westside Road, a County Road, to all vehicular and pedestrian trafficbetween mileposts 0.77 and 0. 78, during replacement of the Woodcock Creek Bridge, estimatedto begin in the summer of 2015; and

2. Pursuant to the County Engineer's Report and Recommendation dated April 11,2014, the Josephine County Public Works Department is directed to provide notice as follows:

a. By posting notices adjacent to the bridge at least four (4) weeks prior tothe anticipated road closure, including road closure signs with dates anddetour directions;

b. By providing notice to all emergency services agencies and to media at

Order No. 20140/ ?

Page 1 of 2

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least five ( 5) days prior to the date scheduled for closure; and

c. By erecting appropriate signs, pursuant to ORS 810.030( 3), giving noticeof the road closure, which signs shall be maintained in a conspicuous

manner and placed at each end of the section of Westside Road affected

by this order and at such other places as necessary to inform the public ofthe road closure.

3. This Order shall remain in full force and effect from the date of its signing untilfurther Order of this Board.

4. A copy of this Order shall be provided to the County Public Works Department.

DATED: May 2014.

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K. O. Heck, Vice-Chair

Simon G. Hare, Commissioner

RECOMMEND

arles B;;: g• r, P. E; ounty Engineer

5/5/ 9Robert Brandes, Public Works birector

APPROVED AS TO FORM:

Steven E. Rich

County Legal Counsel

Order No. 2014- 0/?Page 2 of 2

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e, .

Josephine County Board of CommissionersCherry! Walker, Chair 0 Keith Heck, Vice Chair 0 Simon G. Hare, Commissioner

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAgendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIncorrect or incomplete documents will be returned to the contact person

If sending documents electronically- send to both

twhartona co.iosephine.or.us and Imcelmurrvd.co.iosephine.or.us

Date submitted to BCC 05/ 10/2014 REVISED

Requested Meeting Date ( Administration Workshop) 05/ 15/2014FEBRUARY 2014

Requested Meeting Date( Weekly Business Session) 05/ 21/ 2014

AGENDA TITLE: Warranty Deed for right of way acquisition of a portion of property from John Merrill Dwyer for theconstruction/ replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035

Department Public Works

Contact Person: Include Title& Extension# I Debbie Carbajal, Sr. Department Specialist, ext 4433Presenter: Include Name(s) and Title(s) Chuck DeJanvier, County Engineer/ Rob Brandes, Public Works DirectorBackground information Public Works is replacing the Deer Creek Bridge on Lakeshore Drive and needs

to purchase additional right of way from Mr. Dwyer for bridge construction.Action you are requesting from the Board Signatures on the warranty deedReview by CFO ( Yes, No, or N/A) I N/ AReview by Legal Counsel ( Yes, No, or N/ A) W., Yes

Revenue or Cost to County I $ 6, 184. 00 cost, paid through the Highway Bridge Program ( HBP)Notes or Special Instruction to BCC Staff After signatures and recording, please return the original to Debbie Carbajal at

Public Works

Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additional

Submitted original on the documents? agency be signing signatures needed? signatures beAll exhibits to a documents Y/ N or BCC only the document? YIN YIN received

document must be submitted electronically? Y/Nclearly marked)

Warranty Deed for one BCC No No No

right of wayacquisition of a

portion of propertyfrom John Merrill

Dwyer for the

construction I

replacement of the

Deer Creek Bridge

Lakeshore Drive)

Bridge# 520035

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John Merrill Dwyer, Trustee

6545 Lakeshore Drive

Selma, Oregon 97538-9711

Grantor' s Name and Address

After recording return document andsend tax statements to:

Josephine County201 River Heights WayGrants Pass, OR 97527

Grantee' s Name and Address

WARRANTY DEED

John Merrill Dwyer, Trustee of the John Merrill Dwyer Living Trust (" Grantor"), conveys and warrants

to Josephine County, a political subdivision of the State of Oregon ( Grantee), fee title to the real propertydescribed in Exhibits A and B, attached hereto and incorporated by this reference herein( the" Property").

Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said

Property, which is free from all encumbrances, and will warrant the same from all lawful claimswhatsoever, except as stated herein.

Grantor agrees that the consideration recited herein is just compensation for the Property or propertyrights conveyed, including any and all damages to Grantor' s remaining property, if any, which may resultfrom the acquisition or use of said Property or property rights.

The true and actual consideration for this conveyance is Six Thousand One Hundred Eighty Four Dollarsand no/ 100' s($ 6, 184.00).

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON

TRANSFERRING FEE 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855,

OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS

INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THISINSTRUMENT 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 USESOF 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

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IN WITNESS WHEREOF, John Merrill Dwye ,, Trustee 9tf the John Merrill Dwyer Living Trust hascaused this instrument to be executed this Li day of fi p r, I , 20 2 y

1 Ie

1Joh errill Dwyer, Trustee r1 7L-e,e_

STATE OF OREGON )

ss.

County o4041-IM )

This instrument was acknowledged before me on this 1 day o, `_ k. 20/ y JohnMerrill Dwyer, Trustee of the John Merrill Dwyer Living T t,, tt : tor.

Q,

OFFICIAL SEAL Notary Public o the State of Or onv

v < } ROBER? G FINNIGAN My Commission pires: 5////,NOTARY PUBLIC - OREGON

or COMMISSION NO. 456168

MY COMMISSION EXPIRES MARCH 11, 2015

DEED ACCEPTANCE

Josephine County, a political subdivision of the State of Oregon, acting by and through its Board ofCounty Commissioners, does hereby accept the foregoing deed pursuant to ORS 93. 808.

Dated this day of 2014.

ACCEPTED BY:

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K.O. Heck, Vice Chair

Simon G. Hare, Commissioner

STATE OF OREGON )

ss.

County of

This instrument was acknowledged before me on this day of 20_, byas members of the Board of

Commissioners of Josephine County, Oregon.

Notary Public for the State of OregonMy Commission Expires:

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EXHIBIT A- Page 1 of 1 File 17413-00209/ 23/2013

FEE

A parcel of land lying within NE% of Section 15, Township 38 South, Range 7 West, W.M,and being a portion of that property described in that Warranty Deed to John Merrill DwyerLiving Trust, recorded February 05, 2004 as Instrument Number 2004-02793 of the OfficialRecords of Josephine County, Oregon, the said parcel being that portion of said propertyincluded in a strip of land variable in width, lying on the Easterly side of the LakeshoreDrive" L" center line, which center line is described as follows:

Beginning at Engineer's Centerline Station" L" 0+ 00. 00, said station bears South 06°43'49"East 149. 09 feet from the North One-Quarter corner of Section 15, Township 38 South,Range 7 West of the Willamette Meridian; thence South 01° 20'20" East 419.24 feet to apoint opposite and 30.00 feet easterly of the West line of the Northwest Quarter of theNortheast Quarter of Section 15, Township 38 South, Range 7 West of the WillametteMeridian; thence parallel with said West line of the Northwest Quarter of the NortheastQuarter of said Section 15, South 00° 16'33" West 530.76 feet to Engineer's CenterlineStation" L" 9+ 50.00, said station bearing North 07° 50'41" East 227.77 feet from theSouthwest corner of the Northwest Quarter of the Northeast Quarter of said Section 15.The width in feet of said strip of land is as follows:

Station to Station Width on Easterly Side of Center Line

L" 4+ 35. 00 L" 5+ 35. 00 30. 00 in a straight line to 50.00L" 5+ 35. 00 L" 8+ 20.00 50. 00

Bearings are based upon the Oregon Coordinate Reference System, Grants Pass-AshlandZone, NAD 83(CORS 96) Epoch 2002.

This parcel of land contains 6, 700 square feet, more or less, outside the existing right ofway.

REGISTERED

PROFESSIONALLAND SURVEYOR

L- S'OREGO

JULY 12,

200N5

LOGAN MILES65452

RENEWAL DEC. 31, gory5444: 1/ Z3/ 16

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NE1/ 4 & NW1/ 4 SEC. 15, T. 38S., R. 7W., W. M.

W

ON

0N

JOHN MARK JOLLY & 008L• l£ ZSII 3

FRANCES ALBERTA JOLLY 1£ 9' 8£ L691 N

REVOCABLE LIVING TRUST Id 17Z' 61+ 17 „ 1,,

INST. NO. 00- 6274 00'0 oo'5+ 6

12.27 Acres± Rem.

fo .- 0—w

NI- WCC VN

a p

N 00+ S „ 1„w_

1

I Z ; , 00'05 00'8£4c

11' DeerDeer

MANUEL LAWRENCE & JOHN MERRILL DWYER

L UCIL L E LAWRENCE

INST. NO. 93- 11754 vLIVING TRUST

5.96 Acres± Rem. 0I 0 INST. NO. 2004- 002793

p N 4i 12. 12 Acres± Rem.1

i ,

0100'0L+ 9 , 00'05 p0

N00'2f+2 , 00'0£' o

BB'SCALE 1" = 50'

00'05 00'00+8

50 25 50

FEET

REGISTERED

1 LEGENDPROFESSIONAL

LAND SURVEYOR

FEE 6. 700 ftz±

PRELIMINARYOREGON Section Deer Creek Bridge Replacement

JULY 12. 2005LOGAN MILES Road Lakeshore Drive I Date I AUGUST 13, 2013

65452

RENEWAL: DEC. 31, 2014 County Josephine I Scale I 1" = 50'

RUWN OM ROC SIAM1WNW OWN WOO Purpose FEEL/= Srow snagE 1/ IF/ I M94 OmN11u

B1®" ;, ,

aF i e 17413- 002 I EXHIBIT " B"

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qty'

g...r

I I -.

n

I III I ± 1111111 IIIIJpII

Josephine County Board of CommissionersCherry) Walker, Chair o Keith Heck, Vice Chair o Simon G. Hare, Commissioner

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAgendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIncorrect or incomplete documents will be returned to the contact person

If sending documents electronically- send to both

twharton a co.iosephine.or.us and lmcelmurrv(a co.iosephine.or.us

Date submitted to BCC 05/ 10/ 2014 REVISED

Requested Meeting Date ( Administration Workshop) 05/ 15/ 2014FEBRUARY 2014

Requested Meeting Date( Weekly Business Session) 05/ 21/ 2014

AGENDA TITLE: Warranty Deed for right of way acquisition of a portion of property from Jeffrey P Keil for theconstruction 1 replacement of the Deer Creek Bridge( Lakeshore Drive) Bridge# 520035

Department I Public WorksContact Person: Include Title& Extension# Debbie Carbajal, Sr. Department Specialist, ext 4433

Presenter: Include Name(s) and Title(s) I Chuck DeJanvier, County Engineer/ Rob Brandes, Public Works DirectorBackground information Public Works is replacing the Deer Creek Bridge on Lakeshore Drive and needs

to purchase additional right of way from Mr. Keil for bridge construction.Action you are requesting from the Board I Signatures on the warranty deedReview by CFO ( Yes, No, or N/A) N/ A

Review by Legal Counsel ( Yes, No, or N/ A) Sk. Yes

Revenue or Cost to County 1, 600.00 cost, paid through the Highway Bridge Program( HBP)Notes or Special Instruction to BCC Staff After signatures and recording, please return the original to Debbie Carbajal at

Public Works

Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additional

Submitted original on the documents? agency be signing signatures needed? signatures be

All exhibits to a documents Y/ N or BCC only the document? Y/N Y/ N received

document must be submitted electronically? Y/Nclearly marked)

Warranty Deed for one BCC No No No

right of wayacquisition of a

portion of property

from Jeffrey P. Keilfor the construction

I replacement of the

Deer Creek Bridge

Lakeshore Drive)

Bridge# 520035

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Grantor' s Name and Address

Jeffrey P. KeilP.O. Box 801

Selma, Oregon 97538

Grantee' s Name

Josephine County500 NW 6th Street

Grants Pass, OR 97526

After Recording Return To:Josephine County Engineering500 NW 6th Street

Grants Pass, OR 97526

Unless a change is requested all taxes shall be sent to:

Grantor

WARRANTY DEED

Jeffrey P. Keil (" Grantor"), conveys and warrants to Josephine County, a political subdivision of the Stateof Oregon, its heirs, successors and assigns, ( Grantee), fee title to the real property described in Exhibit Aand B, which is attached hereto and incorporated by this reference herein( the" Property"). .

Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said

Property, which is free from all encumbrances, and will warrant the same from all lawful claimswhatsoever, except as stated herein.

Grantor agrees that the consideration recited herein is just compensation for the Property or propertyrights conveyed, including any and all damages to Grantor' s remaining property, if any, which may resultfrom the acquisition or use of said Property or property rights.

The true and actual consideration for this conveyance is One Thousand Six Hundred Dollars and no/ 100' s

1, 600.00).

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON

TRANSFERRING FEE 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, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,

OREGON LAWS 2009. 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,

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CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,

OREGON LAWS 2009.

1TN1 WITNESS WHEREOF, Jeffrey P. Keil have caused this instrument to be executed this / 7 day of

Pipri ( , 20 ttt:

m. rs

1P /Je

State of Oregon

ss.

County o ., j-

This instrument was acknowledged before me on this ri day of 2/ L 201Y, byJeffrey P. Keil, Grantor.

4/. 17"/

s.,

OFFICIAL SEALIr., I

1, ROBERT G FINNIGAN Notary Public he State of Or o

My nE p U/NOTARY PUBLIC - OREGON M Commission x fires: \. ( COMMISSION NO. 456168

SMY COMMISSION EXPIRES MARCH 11, 2015

APPROVED AS TO LEGAL SUFFICIENCY:

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DEED ACCEPTANCE

Josephine County, a Municipal Corporation of the State of Oregon, acting by and through its CountyCommission, does hereby accept the foregoing deed pursuant to ORS 93. 808.

Dated this day of 2014.

ACCEPTED BY:

BOARD OF COUNTY COMMISSIONERS

Cherryl Walker, Chair

Keith Heck, Vice Chair

Simon Hare, Commissioner

State of Oregon

County of Josephine ) SS

On 2014, Cherryl Walker, Chair, Board of Commissioners, Keith Heck, Vice-Chair, Board

of Commissioners, and Simon Hare, Commissioner personally appeared before me, and said person(s)acknowledged that he/ she/they signed this instrument and acknowledged it to be his/ her/their free andvoluntary act for the uses and purposes mentioned in the instrument to be the signer of the abovedocument, and he/ she acknowledged that he/ she signed it.

By:NOTARY PUBLIC FOR OREGON

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EXHIBIT A- Page 1 of 1 File 17413-00109/23/2013

FEE

A parcel of land lying within NW' of Section 15, Township 38 South, Range 7 West, W.M,and being a portion of that property described in that Statutory Warranty Deed to Jeffrey P.Keil, recorded June 06, 2013 as Instrument Number 2013-007603 of the Official Recordsof Josephine County, Oregon, the said parcel being that portion of said property lyingSoutherly of a line at right angles to the Lakeshore Drive" L" center line at Engineer'sStation" L" 3+ 30. 00 and included in a strip of land 50.00 feet in width, lying on the Westerlyside of said center line, which center line is described as follows:

Beginning at Engineer's center line Station"' L" 0+ 00.00, said station bears South06° 43'49" East 149.09 feet from the North One-Quarter corner of Section 15, Township 38South, Range 7 West of the Willamette Meridian; thence South 01° 20'20" East 419.24 feetto a point opposite and 30. 00 feet easterly of the West line of the Northwest Quarter of theNortheast Quarter of Section 15, Township 38 South, Range 7 West of the WillametteMeridian; thence parallel with said West line of the Northwest Quarter of the NortheastQuarter of said Section 15, South 00° 16'33" West 530.76 feet to Engineer's center lineStation" L" 9+ 50. 00, said station bearing North 07°50' 41" East 227.77 feet from theSouthwest corner of the Northwest Quarter of the Northeast Quarter of said Section 15.

Bearings are based upon the Oregon Coordinate Reference System, Grants Pass-AshlandZone, NAD 83( CORS 96) Epoch 2002.

This parcel of land contains 4, 843 square feet, more or less, outside the existing right ofway.

REGISTERED

PROFESSIONALLAND SURVEYOR

OREGONJULY 1Z, 2005

LOGAN MILES65452

RENEWAL DEC. 31, 205'r„ cct.: 9123/ i3

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i

NE1/ 4 & NW1/ 4 SEC, 15, T, 38S„ R, 7W., W. M.

1

00'o£+£ , 00.05 -- ;; woN

0

v

08L' IZSII 319. 8a681 N

Id VZ- 61+ b .. 1„Jeffrey P. Keil

INST. NO. 2013- 007603 00'0£' oo s£+ 6

12.27 Acres± Rem. i:\ w

N •

A._\. O

f\: w

Q

00'05 00.5£+ g

Deer Creek

0N4.MANUEL LAWRENCE &

LUCILLE LAWRENCE wINST. NO. 93- 11754 Q

5.96 Acres± Rem. Q `°q mO N1

NN'00'02+ 9 , 00'05 1 O

SCALE 1" = 50' oO

No

ld

i1---- 11 INM

50 25 0 50

FEET n

0

00.2£+ 2 . 00'0£ c

REGISTERED

1LEGEND

PROFESSIONAL

LAND SURVEYOR

Jr\• FEE 4.843 ft2_f

r OREGON Section Deer Creek ( Lakeshore Dr.) Bridge ReplacementJULY 12. 2005LOGAN MILES Road Lakeshore Drive Date SEPT. 23, 2013

65452

RENEWAL: DEC. 31, 2014County Josephine i Scale i 1" = 50'

ea a. wax.was. n, Purpose FEEgaaxota/Me a. Amoy mrn z sew vex aro. on. tss

File 17413- 001 EXHIBIT " B"

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I

Josephine County Board of CommissionersCherry! Walker, Chair U Keith Heck, Vice Chair o Simon G. Hare, Commissioner

AGENDA REQUEST FOR BOARD OF COMMISSIONERSAgendas are limited to Requests received no later than NOON on Monday of the week scheduled for Administration Workshop

Requests received after that time will be placed on the Administration Workshop agenda for the following weekIncorrect or incomplete documents will be returned to the contact person

If sending documents electronically- send to both

twharton(d.co.iosephine.or.us and Imcelmurrv(d co.iosephine.or.us

Date submitted to BCC 05/ 10/ 2014 REVISED

Requested Meeting Date ( Administration Workshop) 05/ 15/ 2014FEBRUARY 2014

Requested Meeting Date( Weekly Business Session) 05/ 21/ 2014

AGENDA TITLE: Property acquisition for the replacement of Slate Creek Bridge( Slate Creek Road) Bridge# 369010,from Thomas R. and Cynthia A. Alexander

Department I Public WorksContact Person: Include Title& Extension# Debbie Carbajal, Sr. Department Specialist, ext 4433

Presenter: Include Name(s) and Title(s) I Chuck DeJanvier, County Engineer/ Rob Brandes, Public Works DirectorBackground information Public Works is replacing the Slate Creek Bridge on Slate Creek Road and

needs to purchase property from Thomas R. and Cynthia A. Alexander for bridgeconstruction.

Action you are requesting from the Board Approval and signatures for the property acquisition from Thomas R. and CynthiaA. Alexander

Review by CFO ( Yes, No, or N/A) N/ A

Review by Legal Counsel ( Yes, No, or N/A) aL, YesRevenue or Cost to County 675.00 cost, paid through the Highway Bridge Program( HBP)Notes or Special Instruction to BCC Staff After signatures and recording, please return the original to Debbie Carbajal at

Public Works

Title of Document(s) Number of Are all signatures Will a state or federal Are additional Will additional

Submitted original on the documents? agency be signing signatures needed? signatures beAll exhibits to a documents Y/ N or BCC only the document? Y/N Y/N received

document must be submitted electronically? Y/Nclearly marked)

Property acquisition one Bcc No No No

for the replacementof Slate creek

Bridge (Slate Creek

Road) Bridge

369010, from

Thomas R. and

Cynthia A.

Alexander

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DOCUMENT DISTRIBUTION:

If all signatures are on the document: Board staff is required to submit one fully executed original for recording in the County Clerk' soffice. If multiple originals are submitted, all but one original will be returned to the contact person.State and federal agencies— if all signatures are not on the document:

Original documents: Board staff retain one original with Board signatures and return the remainder originals to the contact person to

obtain the remaining signatures. Upon department receipt of the fully executed document, one fully executed original or electronic copymust be returned to the Board staff for recording in the County Clerk's office.

Electronic documents: Board staff will retain one original and return one original to the contact person to obtain the remainingsignature. Upon department receipt of the fully executed electronic document, one fully executed electronic original must be returned to theBoard staff for recording in the County Clerk's office.

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Thomas R. Alexander and Cynthia A. Alexander

960 Slate Creek Road

Wilderville. Oregon 97543

Grantor' s Name and Address

After recording return document andsend tax statements to:

Josephine County201 River Heights WayGrants Pass, OR 97527

Grantee' s Name and Address

WARRANTY DEED

Thomas R. Alexander and Cynthia A. Alexander, as tenants by the entirety (" Grantor"), conveys and

warrants to Josephine County, a political subdivision of the State of Oregon ( Grantee), fee title to the real

property described in Exhibits A and B, attached hereto and incorporated by this reference herein ( theProperty").

Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said

Property, which is free from all encumbrances, and will warrant the same from all lawful claimswhatsoever, except as stated herein.

Grantor agrees that the consideration recited herein is just compensation for the Property or propertyrights conveyed, including any and all damages to Grantor' s remaining property, if any, which may resultfrom the acquisition or use of said Property or property rights.

The true and actual consideration for this conveyance is Six Hundred and Seventy- Five Dollars andno/ 100' s($ 675. 00).

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON

TRANSFERRING FEE 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855,

OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,

AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

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IN WITNESS WHEREOF, Thomas R. Alexander has caused this instrument to be executed thisLj4

ayof a ... 20 ti/.

nIILLhomas R. Alexander /

STATE OF OREGON )

ss.

cprCounty of,) s S " c_ )

This instrument was acknowledged before me on this 4 day of Ica _ , 20IYbyThomas R. Alexander, Grantor.

afeTsOi" FICIAL SEAL

s: >_ ANDREA DIANE BUCHMANN

flAIP

NOTARY PUEIUC- OREGONCOMMISSION NO. 462550 Notary Public for the State of Ore on

fL g. /

MY COMMISSION EXPIRES OCTOBER 11, 2015 My Commission Expires: ' l0/ 11 ! i J

IN WITNESS WHEREOF, Cynthia A. Alexander has caused this instrument to be executed this - I

day of 201 1 ,.

ii1i1 i . i JIt /I4' Ay ' is A. Alexan ser

STATE OF OREGON )

ss.

County oqV

This instrument was acknowledged before me on this 9 day ofAd Ord 208 by

Cynthia A. Alexander, Grantor.I- 7.

Notary Public for the State of Or goMy Commission Expires: I l / Le n

f' ' OFFICIAL SEALDANIELLE J RYAN

a NOTARY PUBLIC OREGONCOMMISSION NO. 473237

MY COMMISSION EXPIRES NOVEMBER 06, 2016

1

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DEED ACCEPTANCE

Josephine County, a political subdivision of the State of Oregon, acting by and through its Board ofCounty Commissioners, does hereby accept the foregoing deed pursuant to ORS 93. 808.

Dated this day of 2014.

ACCEPTED BY:

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K.O. Heck, Vice Chair

Simon G. Hare, Commissioner

STATE OF OREGON )

ss.

County of

This instrument was acknowledged before me on this day of 20_, byas members of the Board of

Commissioners of Josephine County, Oregon.

Notary Public for the State of OregonMy Commission Expires:

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EXHIBIT A- Page 1 of 1 File 17412-00109/23/2013

FEE

A parcel of land lying in Parcel 2 of Partition Plat No. 1990- 85 of the Records of PartitionPlats, Josephine County, Oregon and filed as Partition Plat Number 1990-85 in the officeof the Josephine County Surveyor, being a portion of that property described in thatStatutory Warranty Deed to Thomas R. Alexander and Cynthia A. Alexander, husband andwife, recorded October 12, 2005 as Instrument Number 2005-023698 of the Official

Records of Josephine County, Oregon, the said parcel being that portion of said propertyincluded in a strip of land variable in width, lying on the Northerly side of the Slate CreekRoad" S" center line, which center line is described as follows:

Beginning at center line Station" S" 46+ 33. 00, said Station being North 75°08'43" West2, 702.46 feet from the East quarter corner of Section 18, Township 37 South, Range 7West, W.M.; thence North 75° 17'58" West 35. 91 feet; thence on a 203.69 foot radius curve

left( the long chord of which bears South 77° 1628" West 187.64 feet) 195.00 feet; thenceSouth 49° 50'54" West 171. 76 feet to center line Station" S" 50+ 35.67, said Station beingNorth 79° 28' 51" West 3, 011. 82 feet from the East quarter corner of Section 18, Township37 South, Range 7 West, W.M.

The width in feet of said strip of land is as follows:

Station to Station Width on Northerly Side of Center Line

S" 47+75. 00 S" 48+ 33. 00 35.00

S" 48+33. 00 S" 48+46. 00 35.00 in a straight line to 55. 00S" 48+ 46. 00 S" 49+50. 00 55.00

Bearings are based on Survey Number 036-2012 as filed in the office of the JosephineCounty Surveyor.

This parcel of land contains 3,707 square feet, more or less, outside the existing right ofway.

REGISTEREDPROFESSIONAL

LAND SURVEYOR

7 OREGONJULY 12. 2005

LOGAN MILES65452

RENEWAL DEC. 31, ziuS I

eq1: 9, s/) 5

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i

Q59NW1/ 4 SEC. 18, T. 37S., R. 7W., W. M. 1

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046{ 68. 91 p.0, 2 .) (

25')oo 35, 7NW 1/ 4 SECTION 18 T37S R7W

NE 1/ 4 SECTION 18 T37S R7WSCALE I" = 50'

0 50 25 0 50

FEET

REGISTERED

1 LEGENDPROFESSIONAL

LAND SURVEYIR

1 FEE 3.707 ft2±

LQ OREGON Section Slate Creek Bridge Replacement

JULY 12. 2005LOGAN MILES Road Slate Creek Road Date SEPT. 23, 2013

65452

RENEWAL: DEC. 31, 2014 1 County Josephine Scale I" = 50'

44V cam., R(® row../ AE A, OI 1.094 Ol03V AO,0/ f Purpose FEECatWi ie mAAmu°3AA@r2 SE/EWSVIA1 O oo. ma1.m

s °-°'"'"""""''°°°""'''` '

File 17412- 001 EXHIBIT " B"lik STQd1VAA! n( YAgA1 Aq 9ElE.,gA,. f( ILCO p,1 y/ 9f4T'

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4

GRANT AGREEMENT

Matching FundsJosephine County

This Grant Agreement ("Agreement") is made by and between JOSEPHINE COUNTY, a politicalsubdivision of the State of Oregon (" County"), and GRANTS PASS SOBERING CENTER, INC., anOregon Nonprofit Corporation (" Grantee") on the date last signed below.

WHEREAS the Grants Pass Sobering Center, Inc. was formed to construct and maintain asobering center within Josephine County, Oregon; and

WHEREAS the Grants Pass Sobering Center, Inc., by letter dated November 29, 2013, hasrequested funds of$ 50,000 for the planning, design, and development of the Sobering Center; and

WHEREAS the Local Alcohol and Drug Planning Committee has approved the request of theSobering Center for funding in the amount of$ 50,000 from Beer and Wine Tax moneys for the planning,design, and development of the Sobering Center; and

WHEREAS the Board of Commissioners has determined that it is in the best interest of the

County to approve the recommendation of the LADPC by entering into a Grant Agreement to providematching funds to the Sobering Center;

NOW, THEREFORE, the parties agree as follows:

1. PAYMENT OF GRANT: County agrees to pay to Grantee a grant in the amount of FiftyThousand Dollars ($ 50, 000) to support the planning, design, and development of the Grants PassSobering Center on the following terms and conditions:

1. 1 County will match, dollar-for-dollar, all funds raised by Grantee after the date of thisAgreement for the planning, design, development, and construction of the Grants PassSobering Center, up to a maximum match by County of$ 50,000.

1. 2 County will match all funds raised for the Grants Pass Sobering Center after the date ofthis Agreement, including but not limited to funds raised from individuals, organizations,businesses, foundations, and municipalities.

1. 3 Grantee will deposit the funds raised for the Grants Pass Sobering Center into adedicated account maintained by Grantee. This account will be designated for purposesof the planning, design, development, and construction of the Sobering Center onlyhereinafter" The Fund").

1. 4 Grantee shall deposit all funds raised by Grantee into The Fund no later than June 30,2015, and provide County with a true copy of the bank statement for The Fund.

1. 5 Thereafter, County will pay its matching funds ( up to $50,000) to Grantee.

1. 6 Grantee shall use the monies granted by-County solely for the purpose of planning,design, and development of the Grants Pass Sobering Center.

1. 7 The maximum amount to be paid by County to Grantee under this Agreement is $ 50,000.

2. RECORDS MAINTENANCE: Grantee shall create and maintain all expenditure records in

accordance with generally accepted accounting principles and in sufficient detail to permit Countyto verify how the funds paid to Grantee under this Agreement are expended. Grantee shall

Grant Agreement- 1

r

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maintain records which document the expenditure of all funds paid to Grantee under this

Agreement for a minimum of six (6) years following the termination of this Agreement. Upon

reasonable request, Grantee shall make available to County copies of all documents, papers,files, and reports necessary for audit purposes.

3. INDEPENDENT CONTRACTOR: Grantee shall perform all work under this Agreement as an

Independent Contractor. Grantee shall not be deemed an officer, agent, or employee of County.

4. INDEMNIFICATION:

4. 1 Grantee shall defend, indemnify, reimburse, and hold harmless County, its officers, agentsand employees, from any and all claims, liabilities, demands, damages, actions orproceedings arising from or relating to the negligence, wrongful acts, or omissions ofGrantee in connection with the operations of the Sobering Center.

4.2 County shall defend, indemnify, reimburse, and hold harmless Grantee, its officers, agentsand employees, from any and all claims, liabilities, demands, damages, actions orproceedings arising from or relating to the negligence, wrongful acts, or omissions ofCounty in connection with the operations of the Sobering Center.

4.3 Grantee shall not be deemed an agent of County under the Oregon Tort Claims Act.

5. TERMINATION:

5. 1 Mutual Consent: This Agreement may be terminated at any time upon mutual consent ofboth parties.

5. 2. Major Breach: Either party may declare a default immediately upon the occurrence of amaterial breach by the other party. A material breach is one that substantially impairs thecontractual relationship of the parties to provide services in accordance with thisAgreement. Material breaches include, but are not limited to: a) Acts or omissions that

jeopardize the health, safety or security of any person; b) Misuse of funds; c) Intentional

falsification of records; d) Malfeasance by either party's officers, agents, or employees;e) Intentional refusal to comply with the provisions of this Agreement; and f) A pattern ofrepeated non- material breaches.

6. COMPLIANCE WITH LAW: County and Grantee shall comply with all applicable federal, state,and local laws, statutes, ordinances, rules, and regulations.

6. 1 Nondiscrimination: Grantee agrees that no person shall be denied services at the

Sobering Center or be discriminated against in the provision of services on the basis ofrace, color, national origin, sex, religion, handicap or age.

7. WAIVER: No waiver of any provision of this Agreement shall bind either party unless in writingand signed by both parties. Such waiver, if made, shall be effective only in the specific instanceand for the specific purpose given. The failure of the County to enforce any provision of thisAgreement shall not constitute a waiver by the County of that or any other provision.

8. SEVERABILITY: If any term or provision of this Agreement is declared by a court of competentjurisdiction to be illegal or in conflict with any law, the validity of the remaining terms andprovisions shall not be affected, and the rights and obligations of the parties shall be construed

and enforced as if the Agreement did not contain the particular term or provision held to beinvalid.

Grant Agreement- 2

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1

9. FURTHER ASSURANCES: The parties agree to promptly execute and deliver any such furtherinstruments and to perform any such further acts as may be required to carry out the intent andpurpose of this Agreement.

10. NOTICES: Any communications or notices required under this Agreement shall be given inwriting by personal delivery, or by certified mail, return receipt requested, to the address set forthbelow. Any communication or notice so addressed and mailed shall be deemed to be given three3) days after mailing. Any communication or notice by personal delivery shall be deemed to be

given when actually delivered.

Grants Pass Sobering Center, Inc. Board of County CommissionersAttn: James Brumbach Josephine CountyP. O. Box 1388 500 NW 6th Street, Dept. 6Grants Pass, OR 97528 Grants Pass, OR 97526

11. ASSIGNMENT: Grantee shall not assign or transfer any interest in this Agreement without theCounty's prior written consent.

12. AMENDMENT: This Agreement may be amended or modified at any time upon the writtenAgreement of both parties, signed and secured in the same form and manner as below.

13. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties,

and supersedes any previous promises, representations, agreements, conditions orunderstandings between the parties. There are no other promises, representations, agreements,

conditions or understandings, either oral or written, between the parties other than those set forthin this Agreement.

GRANTEE JOSEPHINE COUNTY

GRANTS PASS SOBERING CENTER, INC. BOARD OF COUNTY COMMISSIONERS

By Q31-14(- 9 ( r ti

James Brumbach Cherryl Walker, Chair

K. O. Heck, Vice Chair

Date: Y Vk°-'- ` I + a t-1 ISimon G. Hare, Commissioner

Fed ID# Date:

Approved as to form: .l C.-1- 15County Legal Courtsel

Grant Agreement- 3

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4‘" 7-

f -* Iiliiiiii litili . 1' 1c----')\*:..,-, -- 1 '

4,**41111\\ , e" )- 47.,

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATE OF OREGON

In the Matter of an Appointment to the

Local Alcohol and Drug RESOLUTION NO. 2014 - 019

Planning Committee

WHEREAS, it has come to the attention of the Board of County Commissioners that there isa vacancy on the Local Alcohol and Drug Planning Committee;

WHEREAS, it is both proper and necessary that the Board of County Commissioners fill saidvacancy by appointing as provided herein;

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the following person be appointed tosaid Local Alcohol and Drug Planning Committee with term expiring as hereinafter set forth.

Robin Hausen — Medical Community

Appointed to a 4-year term; said term to expire 05/ 14/ 18

DONE and DATED this 14th of May 2014

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

Cherryl Walker, Chair

K. O. Heck, Vice Chair

Simon Hare, Commissioner