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HomeMy WebLinkAbout2002-134 Easement - ODOT ODOT File 6913-002 10B-15-14 PERMANENT EASEMENT CITY OF ASHLAND, a municipal corporation of the State of Oregon, Grantor, for the true and actual consideration of $ 3 _. 200.00 does grant to the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantee, its successors and assigns, a permanent easement to construct and maintain slopes, and to construct and maintain drainage facilities upon, over, under and across the following described property: A parcel of land lying in Tracts 11, 12 and 18, ASHLAND ACRES, Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded as Document No. 96-11715 of the Official Records of Jackson County; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Pacific Highway at Engineer's Stations 41+819 and 42+180 and included in a strip of land variable in width, lying on the Northeasterly side of said center line which center line is described as follows: Beginning at Engineer's center line Station 41 +800, said station being 976.991 meters South and 1 625.521 meters East of the Southwest corner of the William C. Myer D.L.C. No. 45, Township 38 South, Range 1 East, W.M.; thence South 62° 20' 59" East 600 meters to Engineer's center line Station 42+400. The widths in meters of the strip of land above referred to are as follows: Station to Station Width on Northeasterly Side of Center Line 41 +819.000 41+922.000 57.287 in a straight line to 62 41+922.000 42+137.000 62 42+137.000 42+180.000 62 in a straight line to 57.497 Bearings are based upon the Oregon Coordinate System of 1983, south zone. The parcel of land to which this description applies contains 4 067 square meters more or less. RETURN TO AND TAX STATEMENT TO Account No.: T38, R1E, Sec. 32, TL 200, T38, R1E, Sec. 33, TL 200 OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION Property Address: Butler Ck Rd. 355 CAPITOL STREET NE, ROOM 420 SALEM OR 97301-3871 8/22/02 Page 1 of 2 - EA gmh ODOT File 6913-002 10B-15-14 IT IS UNDERSTOOD that the easement herein granted does not convey any right or interest in the above-described property, except as stated herein, nor prevent Grantor from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted or endanger the lateral support of the public way. IT IS ALSO UNDERSTOOD that Grantee shall never be required to remove the slope material placed by it on said property, nor shall Grantee be subject to any damages to Grantor and grantor's heirs, successors and assigns, by reason of any change of grade of the public way abutting on said property or by reason of the drainage facilities constructed thereon. Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said property and will warrant the easement rights herein granted from all lawful claims whatsoever. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or use of said property or property rights. However, the consideration does not include damages resulting from any use or activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence. In construing this document, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this document shall apply equally to corporations and to individuals. It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document.// Dated this //~' day of/~~"~ '-~'~'" ~' "~ , APPROVED AS TO FORM: CITY OF ASHLAND STATE OF/OREGON, County of Dated .~~. /'~ ,20 ~,,2. . Personally appeared ~ and./~g4~ ~ , who, being sworn, stated that they are the Mayor and Auditor of the City of Ashland, Oregon, a municipal corporation, and that this instrument was voluntarily signed on behalf of said municipal corporation by authority of its Ordinance No. ., passed by the Council of said City on this __ day of N(~tary Pu~c for Oregon My Commission expires Accepted on behalf of the Oregon Department of Transportation 8/22/02 Page 2 of 2 - EA gmh STATE'S OBLIGATION(S) AGREEMENT File No.: 6913002 Date: August 27, 2002 State is in agreement that any water from the ditch will be channeled into a drainage path that extends to a natural waterway. If any of the construction under the terms of this agreement is outside of the highway right of way, Grantors hereby grant State, its employees or contractors, permission to enter upon their remaining property for the purpose of performing any of said construction work. It is understood and agreed that State's performance of this agreement shall be a portion of the consideration for the concurrent real property transaction evidenced by deed between Grantors and State. This agreement shall not be effective or binding until Grantors receive notice from the State accepting the conveyance of the real property interests. City of Ashland Date 734-3931 (8/96) °" Oregon ~~'~,, Department of Transportation ~,,,:v.~-?://'~-~-~ "~'~# Re.on 3 ~ght of Way 35O0 Stewart Parkway, Ste. r~ iJ ~' :( ' (541) 957-3559 F~ (541) 957-3563 August 27, 2002 FILE CODE: City of Ashland File No.: 6913002 Attn: Paula Brown Section: N. Ashland-S. Ashland Paving & Public Works Director Deck Overlay 20 E. Main Street Highway: Pacific Ashland, OR. 97520 County: Jackson FAP¢: IM-BHF-S001 You own property needed for improvement of the above highway. This property is described on the permanent easement that accompanies this letter. A determination of just compensation for the needed portion of your property has been made by a qualified appraiser based on market information. This is the amount outlined in the attached "Acquisition Summary Statement". This offer is also accompanied by either the written appraisal or written explanation of the bases and method by which the valuation was made. Oregon law provides a minimum 40 days from the date of this initial written offer for you, the owner, to consider accepting or rejecting it. Your decision to accept or reject may be made at any time prior to expiration of the 40-day period if you choose. If the offer is neither accepted nor rejected at the end of the 40-day period, the offer will be considered rejected. The 40-day provision does not apply when an emergency has been declared by the road authority. The legal document and enclosed agreements, if any, cover the terms of our proposed real property agreement. Please read these documents carefully and, if acceptable, have the proper authorities sign where indicated. The legal document must be notarized. The documents and forms on the left side of the folder are to be signed and returned to this office. The items on the right side are copies for your records. After the Right of Way Manager accepts the legal document and related agreements, you will receive notification of that acceptance and payment will follow. We are required by IRS to provide a W-9 on all real estate transactions. Therefore, please complete, sign and date the enclosed Form W-9 and return it with the other documents to this office. The State will pay recording costs, title insurance premiums, and all other normal costs of sale. Taxes will be prorated as of the date of possession or transfer of title, whichever is earlier. You have the right to donate the property if you wish. Should you desire to do so, please notify me, and I will see that you receive the necessary forms and instructions. RELOCATION BENEFITS For an outline of any relocation benefits available to you, see the "Relocation Summary Statement" which is also attached. Thank you for your cooperation and time. If you have any questions, please call me at (541) 957-3555 or toll-free: 1-888-769-7343. Steve Madison Senior Right of Way Agent FoI~ #734- I 712 (7/96) Fora 734-2109 (9/97) File: 6913002 Name: City of Ashland Date: August 27, 2002 ACQUISITION SUMMARY STATEMENT *Land and "Improvements $3,200.00 Damages $0.00 Other None $0.00 TOTAL JUST COMPENSATION $3,200.00 * LAND ACQUIRED 1 Permanent Easement 43,776.78 Sq. Ft. (4,067.00 Sq. Meters) ** IMPROVEMENTS IN ACQUISITION AREA: None NOTICE TO VACATE: Written notice to vacate will not be required. Possession will be upon payment. THE FOLLOWING SEPARATELY HELD OWNERSHIP INTERESTS ARE NOT INCLUDED IN THE TOTAL JUST COMPENSATION SHOWN ABOVE: None APPRAISAL INFORMATION: Appraisal/Valuation by: C. Windsor Date of Valuation: 8/15/2002 Value: $3,200.00 Date Written: 8/15/2002 Form #734-1714(7/96) RELOCATION BENEFIT SUMMARY NON-RESIDENTIAL OCCUPANTS FILE No. R6913002 NAME City of Ashland FAP No. IM-BHF-SO01 DATE 8/27/2002 Federal and State laws provide relocation benefits for displaced businesses, farms, and non-profit organizations. You may be eligible for the following assistance. Please read the booklet, Your Rights and Benefits as a Displaced Person, for additional information concerning this assistance. ? RELOCATION ADVISORY ASSISTANCE: To provide you with current information regarding availability of comparable properties, and to provide information on Federal and State assistance programs, etc. ? SEARCH EXPENSES in locating a new site, not to exceed $1,000. Expenses may include transportation expenses, meals and lodging away from home, time spent searching based on reasonable salary and earnings, fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of the replacement site. ? ACTUAL DIRECT LOSSES TO TANGIBLE PERSONAL PROPERTY: This benefit is intended to compensate for personal property that cannot be moved. The payment is based on the actual value of the items not moved or the estimated cost to move the item(s), whichever is less. ? MOVING COST - BASED ON ESTIMATES: A payment to you for moving your personal property 50 miles (80 kilometers) or less. This amount is based on the lower of two estimates prepared by qualified estimators. We must be notified of when you plan to move. ? COMMERCIAL MOVE COST: A payment based on the actual and reasonable documented cost of moving your personal property 50 miles (80 kilometers) or less by a certified moving company. We must be notified of when you plan to move. ? REESTABLISHMENT EXPENSES: In addition to the payments for actual, reasonable, and related moving expenses, you may be eligible to receive a payment not to exceed $10,000 for expenses incurred in reestablishing your business, farm, or non-profit organization at a replacement site. ? FIXED PAYMENT: If you apply and are found eligible, no other relocation benefits will be paid. If eligible, a payment of not less than $1,000 nor more than $20,000 will be made. This payment is based on the average annual net earnings of your operations, during the two taxable years prior to displacement. ® YOU ARE NOT ELIGIBLE FOR THE RELOCATION BENEFITS LISTED ABOVE: A review of this acquisition indicates that you will not be displaced by this project. ® RELOCATION APPEAL: If you have been denied eligibility for relocation benefits, or if you do not agree with the amount of a relocation payment, you have the right of appeal, and you may file a written request for an appeal of your relocation benefits within 90 days of this notification. Form 734-1717 (11/00) ODOT ¥0UR COPY File 6913-002 RETURN ORIGINAL 10B-15-14 PERMANENT EASEMENT CITY OF ASHLAND, a municipal corporation of the State of Oregon, Grantor, for the true and actual consideration of $ 3. 200. O0 does grant to the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantee, its successors and assigns, a permanent easement to construct and maintain slopes, and to construct and maintain drainage facilities upon, over, under and across the following described property: A parcel of land lying in Tracts 11, 12 and 18, ASHLAND ACRES, Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded as Document No. 96-11715 of the Official Records of Jackson County; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Pacific Highway at Engineer's Stations 41+819 and 42+180 and included in a strip of land variable in width, lying on the Northeasterly side of said center line which center line is described as follows: Beginning at Engineer's center line Station 41 +800, said station being 976.991 meters South and 1 625.521 meters East of the Southwest corner of the William C. Myer D.L.C. No. 45, Township 38 South, Range 1 East, W.M.; thence South 62° 20' 59" East 600 meters to Engineer's center line Station 42+400. The widths in meters of the strip of land above referred to are as follows: Station to Station Width on Northeasterly Side of Center Line 41 +819.000 41 +922.000 57.287 in a straight line to 62 41 +922.000 42+137.000 62 42+137.000 42+180.000 62 in a straight line to 57.497 Bearings are based upon the Oregon Coordinate System of 1983, south zone. The parcel of land to which this description applies contains 4 067 square meters more or less. RETURN TO AND TAX STATEMENT TO Account No.: T38, R1 E, Sec. 32, TL 200, T38, R1 E, Sec. 33, TL 200 OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION Property Address: Butler Ck Rd. 355 CAPITOL STREET NE, ROOM 420 SALEM OR 97301-3871 8/22/02 Page 1 of 2- EA gmh ODOT File 6913-002 10B-15-14 IT IS UNDERSTOOD that the easement herein granted does not convey any right or interest in the above-described property, except as stated herein, nor prevent Grantor from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted or endanger the lateral support of the public way. IT IS ALSO UNDERSTOOD that Grantee shall never be required to remove the slope material placed by it on said property, nor shall Grantee be subject to any damages to Grantor and grantor's heirs, successors and assigns, by reason of any change of grade of the public way abutting on said property or by reason of the drainage facilities constructed thereon. Grantor covenants to and with Grantee, its successors and assigns, that Grantor is the owner of said property and will warrant the easement rights herein granted from all lawful claims whatsoever. Grantor agrees that the consideration recited herein is just compensation for the property or property rights conveyed, including any and all damages to Grantor's remaining property, if any, which may result from the acquisition or use of said property or property rights. However, the consideration does not include damages resulting from any use or activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising from any negligence. In construing this document, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this document shall apply equally to corporations and to individuals. It is understood and agreed that the delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding upon the State of Oregon Department of Transportation, unless and until accepted and approved by the recording of this document. Dated this / 7 6 day of ?J 20 v 02 APPROVED AS TO FORM: CITY OF ASHLAND By By Y Y Mavore By A*4144 Auditor STATE OF OREGON, County of ,dam Dated 20 Personally appeared wlt-n n and 41 /6 who, being sworn, stated that they are the Mayor and Auditor of the City of Ashland, Oregon, a municipal corporation, and that this instrument was voluntarily signed on behalf of said municipal corporation by authority of its Ordinance No. passed by the Council of said City on this day of ,20 No ary Pub for Oregon My Commission expires `Z- 6? - U(, Accepted on behalf of the Oregon Department of Transportation 8/22/02 Page 2of2-EA gmh OFFICIAL SEAL SONJA N AKERMAN NOTARY PUBLIC - OREGON COMMISSION 002 p2owp; OMMISS ONE PIRE NO. APRIL MY 6, 20H STATE'S OBLIGATION(S) AGREEMENT YOUR COPY RETURN ORIGINAL File No.: 6913002 Date: August 27, 2002 State is in agreement that any water from the ditch will be channeled into a drainage path that extends to a natural waterway. If any of the construction under the terms of this agreement is outside of the highway right of way, Grantors hereby grant State, its employees or contractors, permission to enter upon their remaining property for the purpose of performing any of said construction work. It is understood and agreed that State's performance of this agreement shall be a portion of the consideration for the concurrent real property transaction evidenced by deed between Grantors and State. This agreement shall not be effective or binding until Grantors receive notice from the State accepting the conveyance of the real property interests. City of Ashland 734-3931 (8/96) Date DETERMINATION OF JUST COMPENSATION ADMINISTRATIVE PROCEDURE FILE: 6913-002 Name: City of Ashland Section: N Ashland-S Ashland Section Pacific Highway Date of Desc.: 7-30-2002 Highest and best use: The subject property is zoned EFU-Exclusive Farm Use. It consists of 3 tracts of land with a total area of 98.84 ac± . The subject property is part of a larger parcel consisting of 7 tax lots, which, according to the Jackson County Assessor's office records, totals 827.7 ac±. The City of Ashland purchased the land in 1996 for a proposed effluent recycling and biosolids lagoon site. Due to environmental issues and public opposition, the project has been permanently cancelled. The property is currently leased to a cattle rancher for pasture. Conversations with officials at the City of Ashland indicate the property will remain EFU with little chance of being rezoned due to its environmentally sensitive status. Considering the zoning, location and current use, the subject property's highest and best use is agricultural, which is its current use. Brief Description of Subject and Taking: The subject property is located 2 miles north of Ashland on the northeasterly side of Interstate 5, adjacent to the Port of Entry/Weigh Station. The Jackson County Assessor identifies the property as tracts 11 and 12 in T 38 R 1 E Sec. 32, TL 200, and as tract 18 in T 38 R 1 E Sec. 33, TL 200. The property extends uphill in a northeasterly direction across the east canal of the Talent Irrigation District, which is the source of irrigation water for the land below, including the acquisition area. According to information received from the City and the irrigation district, the water rights include 2.64 ft/ac of water for a 180± acre portion of the subject's larger parcel. Approximately 1500 gpm of water is released to flood irrigate the field between the canal and the freeway about every 10 days during the irrigation season, which is early April through the end of October. The main access to the subject property is from an unimproved private road owned by the City of Ashland. Except for stock fencing, there are no improvements on the subject property. Between the shoulder of the northbound lanes of 1-5 and the acquisition area is a steeply sloped bank that is much higher at the southerly portion of the property near Sta. 42+100 than at the northerly portion near Sta. 41+900. Above the slopes, the acquisition area is a gradually sloping strip of land, the area of which totals 4,067 m2 (43,777 sf±). Beginning at Sta. 41+819±, the width of the acquisition measures 57.287 meters from centerline. The acquisition tapers out in a straight line to a point 62 meters from centerline at Sta. 41+922±. The width of the acquisition continues 62 meters from centerline to Sta. 42+137±, from which point the width tapers back in a straight line to a point 57.497 meters from centerline at Sta. 42+180±. Within this area is 1,595 m2 (17,168,42± sf) of an existing slope easement (File 6913001). Acquisition of the subject area is needed for additional slope work and drainage facilities associated with improvements made to the deceleration lane from 1-5 to the Port of Entry. The drainage ditch will be 2.5± ft deep with 2:1 side slopes. Fencing will be replaced on the easterly boundary of the permanent easement, rendering the entire PE area unavailable to the property owner for agricultural uses. ODOT will be responsible for any necessary maintenance of the drainage facilities within the PE. Fencing will be replaced and the PE will be reseeded as part of the project. Land values of similar EFU irrigated properties in Ashland indicate a value of $4,000/acre for the subject. Since the entire area of the subject PE will be heavily impacted by the acquisition and made inaccessible to the property owner, 100% of fee value will be attributed to the acquisition area of 43,777 sf, less the previous compensation in the amount of $750. Therefore 43,777 sf X $0.09 = $3,939.93 less $750 = $3,189.93. Access: Access will not be affected by the project. Land: Parcel Area $/unit Amount 1-P.E. 4,067 m2 t (43,777 sf±)_ $4,000/ac (.091sf) $3,939.93 Less amount previously paid (File 6913001) for 1,595 m2 (17,168,42± sf) ($ 750.00) 734-2216(12-95) RPT 1 Total Land Improvements: (List): None Total Improvements Damages or Cost to Cure: (Describe): N/A Total Damages Fencing allowance: N/A 0 (Arl is 1.?/m Cost to Cure I certify my estimate of Just Compensation ROUNDED VALUE: $3,189.93 -0- -0- -0- $3,189.93 $3,200.00 $ -0- 9 - /5 - C) ?)' Signature Date Approved Date The amount outlined above is based on a search of the local real estate market for data to establish prevailing market price paid for property comparable to that which you own. The search included some or all of the following steps: ** investigation of courthouse records for sales data, ** inquiries of real estate brokers and appraisers, ** discussions with buyers and sellers of comparable property to verify amounts, conditions, and motives of sales and to ascertain that the transactions were under competitive conditions. EXHIBIT A File 6913002 N. Ashland - S. Ashland Sec. Pacific Highway Jackson County Drg. No. 10B-15-14 Throughway NHW 7-30-2002 City of Ashland Permanent Easement for Slopes and Drainage Facilities A parcel of land lying in Tracts 11, 12 and 18, ASHLAND ACRES, Jackson County, Oregon and being a portion of that property described in that deed to the City of Ashland, recorded as Document No. 96-11715 of the Official Records of Jackson County; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated Pacific Highway at Engineer's Stations 41+819 and 42+180 and included in a strip of land variable in width, lying on the Northeasterly side of said center line which center line is described as follows: Beginning at Engineer's center line Station 41 +800, said station being 976.991 meters South and 1 625.521 meters East of the Southwest corner of the William C. Myer D.L.C. No. 45, Township 38 South, Range 1 East, W.M.; thence South 62© 20' 59" East 600 meters to Engineer's center line Station 42+400. The widths in meters of the strip of land above referred to are as follows: Station to Station Width on Northeasterly Side of Center Line 41 +819.000 41+922.000 57.287 in a straight line to 62 41 +922.000 42+137.000 62 42+137.000 42+180.000 62 in a straight line to 57.497 Bearings are based upon the Oregon Coordinate System of 1983, south zone. The parcel of land to which this description applies contains 4 067 square meters more or less. File 6913002 NOTE: Outside area: In excess of 40 hectares, left. This parcel contains 1 595 square meters of an existing slope easement (File 6913001) Prior files 48085, 31152 (RW24129), 36768 (RW27874), 6913001; the access control language completely restricts all access to the highway. This parcel lies in the NE'/SE'/4 of Section 32 and the NW'/4SW'/4 of Section 33, T. 38 S., R. 1 E., W. M. Other Note: This property description is written using the metric system. 1+000.000 Station = 1 000 meters = 3,280.84 feet. 1 meter = 3.28 feet 4067 square meters = 43,777 square feet, more or less. Outside Area 40 hectares = 98.84 acres, more or less. Wz, if M 9 a II Vy I III - `7' R h r, -\ III - .w rrr, ?\ aeP 4 II ? i G !,' ? _ r ^ 11llLLJJL( }C. . ? f ` ?'w y YY??C =? I r t g i2 ;: I cs 7 ?? „ r -m 4F v U u ?/ ? EASE CANAI ? ? -. .. ------- : ...? ' z H he I / z I_ ? 00 v F /,?--------- ----- --------- z E I ? 1 I 1 I LS L ?, I 7 yti t } off' G 4 r q v a yZ e C w?01.,puai ?g1b?pp? N N ? ?• i O p O C7'I O O O N O ailits 2 N.. 8rG a4 tq tT N g??1 a$? ?1 ..qqq? n.,pq?,?q w y q y y ? 1i a yyw??4pT ` ppN?r[? k> rS I (n D m r O O I M Cn O O O O N O O 1 O O I ou ou 0 1 I 9tC t ? *. 0006 1 `tS L 'F 1 N N 3 OOL 9`S t H 9tS t s LItSO[ 91r 1 ' fritti f9 M W; 001 AI i , I t I t p I 1 d I I ? I I I I I 1 I I I 1 I I r ' I < ?t?<9 I , 60 I I I • I , • oo6.rr I 1 ? 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