tassi o'neil county clerk for tillamook county, oregon · of the american society of state...

':"r, ENDORSE:QA/()35»Filed-<fp) .'1 ~/Q ,20.Q.bTassi O'NeilCounty Clerk

BEFORE THE BOARD OF COMMISSIONERSFOR TILLAMOOK COUNTY, OREGON

In the Matter of Authoriz~ng theOregon Department of TransportationTo Pursue Condemnation Proceedingsto Acquire Additional Right of Wayfor Sandlake Road

Resolution ~2-/~

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This matter coming on to be heard at a regular meeting of the Board ofCommissioners at which time it appears that Sandlake Road is a CountyRoad; and

Whereas, Tillamook County has heretofore entered into certainagreements for the purpose of making repairs to Sandlake Roadresulting from the 1999 Sandlake Road slide (Milepost 10.5), and as anecessary corollary to improving said road, additional right of waymust be acquired; and

Whereas, the Board has contracted with the Oregon. Department ofTransportation for the purpose of appraising and negotiating theacquisition of certain parcels for said right of way on behalf of thecounty;. : and the Oregon Department of Transportation has concludednegotiations on some of the parcels, but has been unsuccessful inacquiring others; and

Whereas, the Oregon Department of Transportation, after extensivenegotiations, has made offers based on the fair market value ofaffecte~ properties, which offers some property owners have failed orrefused to accept; and

Whereas, there is a public necessity to acquire these remainingproperties to complete the project; and

Whereas, the project was planned in a manner which is be mostcompatible with the greatest public good and the least private injury;and

Whereas, the public use for which the properties are required is forright of way needed for the repaired Sandlake Road, in TillamookCounty, Oregon; and

Whereas, the project is necessary because the repair andreconfiguration of the road was required to reopen the road to thepublic; and

Whereas, the appropriation of the subj ect properties adj oining saidroadways was necessary as part of the proposed improvement andreconstruction of the roadways in order to comply with the standards

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of the American Society of State Highway Transportation Officials(ASSHTO) , including the standards for traveled surface width,shoulders and for drainage ditches, excavation cut slopes, andembankment fill slopes; and

Whereas, the construction was done in accordance with rights of accessprovided by respective property owners; and

Whereas, the Board finds that the project is necessary for the publichealth, safety and welfare in that Sandlake Road must be reconfiguredand reconstructed to insure the welfare of the motoring public; NOWTHEREFORE,

IT IS HEREBY RESOLVED that the Oregon Department of Transportation andits Counsel are authorized to represent County and are hereby directedto undertake and pursue to completion the legal proceedings necessaryto acquire right of way over and across the hereinafter described realproperty belonging to: Wild-Flower Corporation, Inc. and Two Lakes,Inc. as more particularly described on Exhibit "A"; and William L.Myers and Wild-Flower Corporation, Inc. , as more particularlydescribed on Exhibit "B".

Abstain/Absent

FORM:

Nay

William SargentCounty Counsel

APPROVED

of 2

BOARD OF COUNTY COMMISSIONERSFOR TILLAMOOK COUNTY, OREGON

IT IS FURTHER RESOLVED, that after execution of this resolution, theOregon Department of Transportation will send the required 20 day firmwritten offer t~aid property owners by certified mail.

DATED THIS ~AY OF I 2002

Tim Josi, Vice- air

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EXHIBIT "A"

Sandlake Road Slide Date: 07/29/99Sandlake-Woods County Road/McPhillips Drive 04.2658.0022Tillamook CountyFile: 6810-001 Key No. 11057, Drg. No. 10B-9-6

WILD-FLOWER CORPORATION, INC. and TWO LAKES, INC.;T.L. 202 & 100Parcels I, 2, 3, 4, 5, 6 & 7

PARCEL 1 - Permanent Easement for Highway Right-of-Way Purposes

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and· being aportion of that property described in deed to William L. Myersand recorded as Fee Doc. #9534413, in Book 371, Page 628, onAugust 15, 1995, and being a portion of that propertydesignated as Exhibit ~Bn and described in that quit-claim deedto William L. Meyers and Wild-Flower Corporation, recorded inBook 388, Page 184, on August 6, 1996, said parcel being thatportion of said property lying Northerly of Ferry Road andincluded in a strip of land, variable in width, lying easterlyand west~rly of and adjacent to the centerline of the relocatedSandlake-Woods County Road/McPhillips Drive, which centerline isdescribed as follows:

Beginning at a point referred to as Engineers Station 0+900which bears North 69°15'29" West 298.327 meters (978.76 feet)from the east one-quarter corner of said Section 12; thenceSouth 4°51' 42" East 88.431 meters (290.13 feet) to a point· ofcurvature; thence 45.672 meters (149.84 feet) along the arc of a200 meter (656.17 feet) radius curve to the left through acentral angle of 13°05' 03" [the long chord bears South 11°24' 14"East 45.573 meters (149.52 feet)) to a point of tangency; thenceSouth 17°56'45" East 147.876 meters (485.16 feet) to a point ofcurvature; thence 84.572 meters (277.47 feet) along the arc of a95 meter (311.68 feet) radius curve to the right through acentral angle of 51°00' 24" (the long chord bears South 7°33' 27"West 81.807 meters (268.40 feet)} to a point of tangency; thenceSouth 33°03'39" West 27.147 meters (89.07 feet) to a point of

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tangent to spiral; thence 50.00 meters (164.04 feet) along thearc of a spiral curve to the left through an angle of 1PS6'12"[the long chord bears South 29°05'00" West 49.904 meters (163.73feet) to a point of spiral-to-curve; thence 41.297 meters(135.49 feet)' along the arc of a 120.00 meter (393. 70 feet)radius curve to the left through a central angle of 19°43' 05"[the long chord bears South 11°15'55" West 41.094 meters (134.82feet)] to a point of tangency; thence South 01°24'22" West 30.055meters (98.61 feet) to Engineers Station 1+415.052 and the pointof terminus of the herein described center line, said point ofterminus bears South 35°32'41" West 473.931 meters (1,554.89feet) from the east one-quarter corner of said Section 12.

The widths in meters of the strip of land above referred to areas follows:

STATION

1+050.000

to STATION

1+225.000

WIDTH ON EASTERLY SIDE OF CENTER LINE

9.144m (30.00') parallel to centerline

Together with:

STATION

1+060.000

to STATION

1+225.000

WIDTH ON WESTERLY SIDE OF CENTER LINE


Except therefrom that portion of said property lying within theexisting right-of-way of Sandlake Woods County Road andMcPhillips Drive.

The parcel of land to which this description applies contains2,655.976 square meters (28,588 square feet).

PARCEL 2 - Pe~anent Easement for Highway Right-of-Way Purposes

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand recorded as Fee Doc. #9534413, in Book' 371, Page 628, onAugust 15, 1995, and being a portion of that propertydesignated as Exhibit ~B" and described in that quit-claim deedto William L. Meyers and Wild-Flower Corporation, recorded inBook 388, Page 184, on August 6, 1996, said parcel being that

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oportion of said property lying Southerly of Ferry Road andincluded in a strip of land, variable in width, lying easterlyand westerly of and adjacent to the centerline of the relocatedSandlake-Woods County Road/McPhillips Drive, which centerline isdescribed in Parcell:


STATION

1+235.000

to STATION

1+350.000



Together with:

STATION

1+240.000

to STATION

1+343.699



property lying within theWoods County Road and

Except theref~om that portion of saidexisting: right-of-way of Sandl~ke

McPhillips Drive.

~ The parcel of land to which this description applies contains1,080.030' square meters (11,625 square feet) ..

PARCEL ~ - PeJ::manent Easement for Slopes, Onderground Electrioand Communication Service Lines, Fixtures and Faci1ities

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand recorded as Fee Doc. #9534413, in Book 371, Page 628, onAugust 15, 1995, and being a portion of that propertydesignated as Exhibit ~B" and described in that quit-claim deedto William L. Meyers and Wild-Flower Corporation, recorded inBook 388, Page 184, on August 6, 1996, said parcel being thatportion of said property lying Southerly of Ferry Road andincluded in a strip of land, variable in width, westerly of andadjacent to the centerline of the relocated Sandlake-WoodsCounty Road/McPhillips Drive, which centerline is described inParcel 1:

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Except therefrom Parcel 2 andlying within the right-of-wayRoad/McPhillips Drive.

that portion of said propertyof the Sandlake-Woods County

The parcel of land to which this description applies contains68.539 square meters (738 square feet).

PARCEL 5 - Permanent Easement for S1opes.

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand recorded as Fee Doc. #9534413, in Book 371, 28, onAugust 15, 1995, and being a portion of that propertydesignated as Exhibit ftB" and described in that quit-claim deedto William L. Meyers and Wild-Flower Corporation, recorded inBook 388, Page 184, on August 6, 1996, said parcel being thatportion of said property lying Northerly of Ferry Road andwesterly of and adjacent to the centerline of the relocatedSandlake-Woods County Road/McPhillips Drive, which centerline isdescribed in Parcell:

Except therefrom Parcel 1 andlying within the right-of-wayRoad/McPhillips Drive.

that portion of said propertyof the Spndlake-Woods County


PARCEL 6 - Pe:r:ma.nent Easement for Slopes, Underground Electricand Communication Service Lines, Fixtures and Facilities

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand recorded as Fee Doc. #9534413, in Book 371, Page 628, onAugust 15, 1995, and being a portion of that propertydesignated as Exhibit ftB" and described in that quit-claim deedto William L. Meyers and Wild-Flower Corporation, recorded inBook 388, Page 184 1 on August 6, 1996, said parcel being thatportion of said property lying Northerly of Ferry Road andincluded in a strip of land, variable in width, lying easterlyof and adj acent to the centerline of the relocated Sandlake-

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" ~ I

portion of said property lying Northerly of Ferry Road andincluded in a strip of land, variable in width, lying easterlyof and adjacent to the centerline of the relocated SandlakeWoods County Road/McPhillips Drive, which centerline isdescribed in Parcel 1;


o

STATION

0+960.000

1+000.000

1+060.000

1+090.000

1+100.000

1+180.000

1+200.000

1+220.000

to STATION

1+000.000

1+060.000

1+090.000

1+100.000

1+180.000

1+200.000

1+220.000

1+230.000


8.000rn (26.25') in a straight line to45.000m (147.64')

45.000rn (147.64') in a straight lineto 61.000m (200.13')

61.000rn (200.13') in a straight lineto GO.OOOrn (196'85)

GO.OOOrn (196.85') in a straight lineto 66.000rn (216.53')

66.0DOm (216.53') in a straight li,neto 43.000rn (141.07')

43.000rn (141.07') in a straight lineto 50.aOOrn (164.04')

50.DOOrn (164.04') in a straight lineto 46.000rn (150.92')

46.000rn (150.92') parallel to centerline

n/

Except therefrom Parcels 1 & 6 and that portion of said propertylying within the existing right-of-way of Sandlake-Woods Coun-tvRoad/McPhillips Drive.

The parcel of land to which this descript.6,024.302 square meters (64,843 square feet)

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EXHIBIT "1>"

Sandlake Road Slide Date: 07/29/99Sandlake-Woods County Road/McPhillips Drive 04.2658.0022'Tillamook CountyFile: 6810-004 Key No. 11057, Drg. No. 10B-9-6

WILLIAM L. MYERS AND WILD-FLOWER CORPORATION, INC.T.L. 104Parcels 1, 2, 3, & 4

PARCEL 1 - Permanent Easement for Highway Right-of-Way Purposes

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand Wild-Flower Corporation recorded August 6, 1996, in Book380,. Pa~e 107, of Tillamook County Record of Deeds, said parcelbeing that portion of said property included in a strip of land,variable in width, lying easterly and westerly of and adjaceritto the centerline of the relocated Sandlake-Woods. CountyRoa.d/McPhillips Drive between Engineers Station 0+900 andEngineers Station 1+415.052, which centerline is described asfollows;:

Beginning at a point referred. to as Engineers Station 0+900which bears North 69°15'29/1 West 298.327 meters (978.76 feet)from the east one-quarter corner of said Section 12; thenceSouth 4°51'42/1 East 88.431 meters (290.13 feet) to a point ofcurvature; thence 45.672 meters (149.84 feet) along the arc of a200 meter (656.17 feet) radius curve to the left through acentral angle of 13°05' 03/1 (the long chord bears South 11°24' 14"East 45.573 meters (149.52 feet)] to a point of tangency; thenceSouth 17°56'45" East 147.876 meters (485.16 feet) to a point ofcurvature; thence 84.572 meters (277.47 feet) along the arc of a95 meter (311.68 feet) radius curve to the right- through acentral angle of 51°00' 24" (the long chord J;lears South 7°33' 27"West 81.807 meters (268.40 feet)} to a point of tangency; thenceSouth 33°03' 39" West 27 .147 meters (89.07 feet) to a point oftangent to spiral; thence 50.00 meters (164.04 feet) along thearc of a spiral curve to the left through an angle of 11056 r 12"

Page 1 of 4

,"=vvv

[the long chord bears South 29°05'00" West 49.904 meters (163.73feet) to a point of spira1-to-curve; thence 41.297 meters(135. 49 feet) along the arc of a 120.00 meter (393.70 feet)~adius curve to the left through a central angle of 19°43' 05"[the long chord bears South 11°15'55" West 41.094 meters (134.82feet)) to a point of tangency; thence South 01°24'22" West 30.055meters (98.61 feet) to Engineers Station 1+415.052 and the pointof terminus of the herein described center line, said point ofterminus bears South 35°32'41" West 473.931 meters (1,554.89feet) from the east one-quarter corner of said Section 12.


STATION

0+970.000

0+988.431

to STATION

0+988.431

1+100.000


8.000m (26.25') in a straight line to9.144m (30.00')


Together with:

STATION

1+034.103

to STATION

1+100.000



Except therefrom that portion of said property lying within theexisting right-of-way of Sandlake Woods County Road andMcPhillips Drive.

The parcel of land to which this description applies contains696.539 square meters (7,497 square feet) more or less:

PARCEL 2 - Permanent Easement for Slopes

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 Sout», Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed ~o William L. Myersand Wild-Flower Corporation recorded August 6, 1996, in Book380, 7, of Tillamook County Record of Deeds, said parcelbeing that portion of said property lying westerly of andadjacent to the centerline of the relocated Sandlake-Woods

Page 2 of 4

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County Road/McPhillips Drive, which centerline is described inl'arcel 1 =

Except therefrom Parcel 1 and that portion of said propertylying within the right-of-way of the Sandlake-Woods CountyRoad/McPhillips Drive.

The parcel of land to which this description applies contains268.380 square meters (2,889 square feet).

PARCEL 3 - Permanent Easement for Slopes, Underground Electric &Communication Service Lines, Fixtures & Facilities

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willarnette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand Wild-Flower Corporation recorded August 6,. 1996, in Book380, l'age 107, of Tillamook County Record of Deeds, said parcelbeing that portion of said property included in a strip of land,variable in width~ lying easterly of and adjacent to thecenterline of the relocated Sandl~ke-Woods CountyRoad/McJ?hillips Drive between Engineers StatJ.on 0+900 andEngineers Station 1+415.052, which centerline as described inParcell:


STATION

0+970.000

1+000.000

1+060.000

to STATION

1+000.000

1+060.000

1+090.000


8.aaOm (26.25') in a straight lineto 29.000m (95.14')

29.000m (95.14') in a straight lineto 29.000m (95.14')


Except therefrom Parcels 1 & 2 and that portion of said propertylying within the right-of-way of the Sandlake-Woods CountyRoad/McPhillips Drive.


l'age 3 of 4

PARCEL 4 - Permanent Easement for Drainage Facilities

A parcel of land lying in the northeast one-quarter andsoutheast one-quarter of Section 12, Township 4 South, Range 11West, Willamette Meridian, Tillamook County, Oregon, and being aportion of that property described in deed to William L. Myersand Wild-Flower Corporation recorded August 6, 1996, in Book380, Page 107, of Tillamook County Records of Deeds, said parcelbeing that portion of said property included in a strip of land,variable in width, lying easterly of and adjacent to thecenterline of the relocated Sandlake-Woods CountyRoad/McPhillips Drive between Engineers Station 0+900 andEngineers Station 1+415.052, which centerline as described inParcell:


STATION

0+960.000

1+000.000

to STATION

1+000.000

1+060.000


8.000m (26.25') in a straight line to45.000m (147.64')


Except therefrom Parcels 1 & 3 and that portion of said propertylying within the existing right-af-way of Sandlake-Woods CountyRoad/McPhillips Drive.

The parcel of land to which this description applies contains413.745 square meters (4,453 square feet) more or less.

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tassi o'neil county clerk for tillamook county, oregon · of the american society of state...

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