Before the Board of County Commissioners forJosephine County STATE OF OREGON In the Matter ofProclaiming Sunday, January 22 2012 as gPmehmatki4/1/ gaze, idrugneub 611‘ re , The Founders of our country declared that we hold these truths to be self- evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, and among these are: LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed; and 6lifte_4eead, Life is to be protected by the Government; and If life is not protected one can not have Liberty or the Pursuit of Happiness; and 6%`ft, iwieS, Life is the future of our nation and our world; and 6lifte/Ae€14, To maintain the respect for life, one can and should demonstrate it in many ways, from conception to natural death. o4ee, are Me4ohted, that the Josephine County Board of Commissioners does hereby proclaim January 22, 2012, as SANCTITY OF HUMAN LIFE AND RESPECT FOR LIFE DAY in Josephine County. a .Nnated tf& /8th .Nci if." 20/ 2 JOS-W W N-' COON-77 604RO OF COMMISSIONAWS Simon G. Hare, Chair Don Reedy, Vice Chair BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON In the Matter of Declaring a Necessity for ) Property Acquisition for Replacement of ) Resolution No. 2012- W_) Slate Creek Bridge on Elliott Creek Road ) Bridge# 365505) over Slate Creek WHEREAS, a structurally deficient bridge, known as the Slate Creek Bridge, on Elliott Creek Road ( Bridge # 365505) over Slate Creek, within Josephine County, is in need of replacement; and WHEREAS, the County Engineer has notified the Board of Commissioners that said Slate Creek Bridge on Elliott Creek Road poses a danger to the safety of the general public; and WHEREAS, ORS 35. 605 authorizes the purchase, acquisition, entry upon, and appropriation of land and property for establishing, laying out, widening, enlarging or extending roads, streets or highways; and WHEREAS, ORS 368.096 includes among the alternative methods to acquire property for roads, acceptance of a dedication or donation, acquisition by purchase or other agreement, exercise of the power of eminent domain under ORS Chapter 35, and use of road viewers; and WHEREAS, the use of roads and ways is declared a public use under the Oregon Constitution, Article I, Section 18; and WHEREAS, ORS 35.610 and ORS 35. 235 require a declaration by resolution of the proposed public purpose and the land to be acquired; and WHEREAS, following due and proper notice, the Board of Commissioners heard this matter at a public hearing on January 18, 2012; NOW, THEREFORE, based upon the foregoing, the Board of Commissioners of Josephine County, Oregon, hereby declares and resolves as follows: 1. It is necessary for Josephine County to acquire the following described real property ( the " Property") for the purpose of constructing improvements on Elliott Creek Road Bridge# 365505) over Slate Creek (Slate Creek Bridge), (the " Project"): a. Section 10, Township 37 South, Range 7 West of the Willamette Meridian, Tax Lot 201, approximately 2, 385 sq. ft., more or less, as described and depicted in Exhibit "A," attached hereto (temporary construction easement); b. Section 10, Township 37 South, Range 7 West of the Willamette Meridian, Tax Lot 601, approximately 116 sq. ft., more or less, as described and depicted in Exhibit " B," attached hereto; c. Section 10, Township 37 South, Range 7 West of the Willamette Meridian, Tax Lot 601, approximately 1, 138 square feet, more or less, as described and depicted in Exhibit " C," attached hereto ( temporary construction easement); Resolution No. 2012- CC) Page 1 of 2 d. Section 10, Township 37 South, Range 7 West of the Willamette Meridian, Tax Lot 900, approximately 8, 440 sq. ft., more or less, as described and depicted in Exhibit " D," attached hereto; e. Section 10, Township 37 South, Range 7 West of the Willamette Meridian, Tax Lot 900, approximately 1, 000 sq. ft., more or less, as described and depicted in Exhibit " E," attached hereto (temporary construction easement). 2. The Project includes replacement of a structurally deficient bridge, known as the Slate Creek Bridge, on Elliott Creek Road to protect the safety of the general public and to allow the full use and enjoyment by the public of said road. 3. The Project is planned and located in a manner that is most compatible with the greatest public good and the least private injury. 4. It is necessary to acquire immediate possession of the Property to allow construction to proceed and be completed on schedule and within budgetary limitations. 5. The County Real Property Coordinator, or an agent working on behalf of Josephine County, is hereby given express authority to negotiate with the owners of said Property with respect to compensation for acquisition and damages, if any, pursuant thereto. 6. In the event that no satisfactory agreement can be reached with the owners of said Property as to compensation, County Legal Counsel is authorized and directed to commence such proceedings as may be necessary to acquire the property. Such action shall be in accordance with all applicable laws, rules, and regulations governing such acquisition. 7. County Legal Counsel is authorized and directed to take such action in accordance with law to obtain possession of the property as soon as possible. DONE AND DATED this day of January, 2012. JOSEPHINE COUNTY BOARD OF COMMISSIONERS Simon G. Hare, Chair Don Reedy, Vice- Chair Commissioner Resolution No. 2012 Page 2 of 2 EXHIBIT A TL 201 Elliott Creek Road ( Slate Creek) Bridge( Grants Pass) Map 37-7- 10D Burns 8/ 19/2011 Temporary Construction Easement A parcel of land lying in the NW"/ SE% of Section 10, Township 37 South, Range 7 West, W.M., Josephine County, Oregon and being a portion of that property described in that Statutory Warranty Deed to Michael Burns and Lenda Burns, recorded July 15, 2010 as Instrument No. 2010-008700, Josephine County Official Records; said parcel being that portion of said property lying Northerly of Elliott Creek Road and on the Southerly (right) side of the following described line: Beginning at a point in Elliott Creek Road, said point being South 61° 23' 02" West, a distance of 2, 503. 57 feet from the East '/ Corner of said Section 10, said East '/ Corner being marked with a 3" brass cap inscribed " T37S R7W 1/ 4 S10/S11 1972'; thence North 54° 39' 30" East, a distance of 58.36 feet; thence South 43° 56' 00" East, a distance of 52. 11 feet; thence South 40° 25' 04" West, a distance of 22.90 feet; thence South 49° 07' 42" East, a distance of 16. 89 feet; thence North 42° 54' 39" East, a distance of 10.77 feet; thence South 68° 50' 30" East, a distance of 76.51 feet. Bearings are based on Josephine County Survey Record No. 064-2008. This parcel contains 2,385 square feet, more or less, outside of the existing right of way. EXHIBIT — Z PAGE__ l 1 M. R° 31 S. 11 CAP T . 1 Q • 8RA55 10. coRNER SEC' F'- 1 , A 10 ION SECT JO 0 S N 00' 6, G S ICHA 0 M gURN S 0 0 t o < s NO c.. \ A vP pO r,`'t \ 70U C j° C, y 1Q_ p$ G.%' G, P sfj 2 P 1 \ , ' \ \ \. 6' OF Z3 p` N 6 o ,^4 h6. ft2 \,`\\,"' 3g5, r ti • A, i0 G N• Y `/. 756„,5/ C S 68. W. A 9 Y\\ i . rF9op?( 4\ T AXIST\TIN \ \ \ \ \ , c,,,,,,<„, RW ii lk N 1 XISTj pis0 R ON LINE pR© i' 5E 1Cj ItI6j H E4 Rey. r f - 0, 30 3 SCALE 2011 Scale gust 19. 30 1A date 0 Burns so `' FEES 201 100 w e r 7 7 0 Lot 3 RQOd a ax Creek at' j g ad ent g' R° pine Easem EXH' OSeP MAP 1 OUr, t y so.-10. 0 • TemPQrory Purpose t 3N3, t59t5 ,% 11355 w6G0. m AM- Si} c. c° ohs`OonStrUetion EXHIBIT A TL 601 Elliott Creek Road ( Slate Creek) Bridge ( Grants Pass) Map 37-7- 10D Bernard 8/ 19/ 2011 Fee A parcel of land lying in Parcel 2 of Partition Plat No. 1999-67, Josephine County, Oregon and being a portion of that property described in that Statutory Bargain and Sale Deed to Bill R. Bernard and Diana Lou Bernard, recorded June 27, 2001 as Instrument No. 01- 11747, Josephine County Official Records; said parcel being that portion of said property lying Southerly of Elliott Creek Road and on the Northerly (left) side of the following described line: Beginning at a point in Elliott Creek Road, said point being South 61° 23' 02" West, a distance of 2, 503. 57 feet from the East % Corner of Section 10, Township 37 South, Range 7 West, W.M., said East 1/4 Corner being marked with a 3" brass cap inscribed T37S R7W 1/ 4 S10/ S11 1972"; thence South 25° 54' 29" East, a distance of 79.35 feet; thence South 57° 13' 11" East, a distance of 95. 00 feet. Bearings are based on Josephine County Survey Record No. 064-2008. This parcel contains 116 square feet, more or less, outside of the existing right of way. Hfl3f1---! - 14 Wk. S.' R• 31 11 j _ BR A•ss CAP 14' 10 3„ SEC, ovND CORNER F 114 EAST 10 SEA t0N P1\' 03h0`L 2 02 G. Q O ,\ il OO N rn Tj C} XIST] r c s, Q P v R 000 40 9 yam`~ n j jOl ` 7 4 1.T 161131:-;,Pl= i6 ft 011101\jT1pN s 59, v' i M:AR 6 "" 6=;\\\ s 19g9- j0o Sao IX11Nc soo,\.