1994-10489-Resolution No. 94-021 Recorded 3/9/199494-10489
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
A Resolution Declaring the
Intention of Deschutes County
to Make an Exchange of Real
Property with Bend Millwork
Systems, Inc. Setting a Time
and Place for Hearing Objections
Thereto and Providing Notice.
REVIEWED
Q�
LEG COUNSEL
DESCHUTES COUNTY, OREGON
F
* ' ' cl' p;l 2: 14
0128-1953
RESOLUTION NO. 94-021
WHEREAS, ORS 275.100 provides that the Board of County
Commissioners declare its intention to exchange real property by
proper resolution; and
WHEREAS, a hearing shall be held for the purpose of receiving
objections to the proposed exchange of real property; and
WHEREAS, Deschutes County intends to exchange real property with
Bend Millwork Systems, Inc.; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That Deschutes County intends to transfer the real
property described as:
A portion of that real property lying in the Northwest J of
Section 28, Township 17 South, Range 12 East, of the
Willamette Meridian described in that deed between Lawrence
Bright and Lawrence Bright et al., recorded September 8,
1987 in volume 151 at page 247 of the Official Records of
Deschutes County which is described as follows:
Beginning at the Southwest corner of the Northeast 1,
Northwest I of said section and running thence North
0°44,47" East a distance of 296.08 feet more -or -less to the
Southerly right-of-way of Butler Market Road as described
in Volume 328 at page 2749 of the Official Records of
Deschutes County; thence along said right-of-way on the arc
of a 560.00 foot radius curve to the right, having a
central angle of 22°20,42" and a chord bearing South
44°09,03" East 217.01 feet, a distance of 218.40 feet;
thence leaving the aforesaid right-of-way South 0°06,12"
West a distance of 141.82 feet more -or -less to the south
line of the aforementioned Northeast I Northwest 1; thence
along last said line North 89027,12" West a distance of
154.77 feet to the Point of Beginning.
Containing 0.808 acres more -or -less all lying in the City
of Bend, Deschutes County, Oregon and subject to all
easements thereon.
K Y e1•HED
1 - RESOLUTION NO. 94-021 (3/9/94) �� Z) 199 ''r
0128-1954
The land to be transferred by Bend Millwork Systems, Inc. is
described as follows:
A portion of that real property lying in the Northwest I of
Section 28, T17S, R12E, W.M. described in that deed between
Arthur Pozzi and Bend Millwork company recorded March 13,
1986 in Volume 118 at Page 850 of the official Records of
Deschutes County which is described as follows:
Lying within a seventy-two (72.00) foot wide strip lying
thirty-six (36.00) feet on either side of the following
described centerline of Butler Market Road from Station
9+92.91 to Station 15+00 or within a one -hundred (100.00)
foot wide strip lying fifty -feet (50.00) on either side of
said centerline from Station 15+00 to Station 24+14.47 or
within an eighty -foot (80.00) wide strip lying forty
(40.00) feet on either side of said centerline from Station
24+14.47 to Station 37+03.08.
Beginning at Butler Market Road centerline Station 9+92.91,
said point also lying on the centerline of U.S. Highway 97,
which bears South 33°01106" West a distance of 429.37 feet
from the northwest corner of Section 28, T17S, R12E, W.M.;
thence along said centerline the following courses: North
81017144" East a distance of 68.66 feet to Station
10+61.57; thence along the arc of a 500.00 foot radius
curve to the right, through a central angle of 44041'29",
a distance of 390.01 feet to Station 14+51.57; thence along
the arc of a 500.00 foot radius curve to the left, through
a central angle of 6°58'13" a distance of 60.83 feet to
Station 15+12.40; thence South 60°59100" East a distance of
419.71 feet to Station 19+32.11; thence along the arc of a
1,250.00 foot radius curve to the left, through a central
angle of 9055128" a distance of 216.52 feet to Station
21+48.63; thence South 70054128" East a distance of 409.02
feet to Station 25+57.65; thence along the arc of a 600.00
foot radius curve to the right, through a central angle of
41°19'26" a distance of 432.75 feet to Station 29+90.40;
thence South 29035102" East a distance of 94.09 feet to
Station 30+84.49; thence along the arc of a 450.00 foot
radius curve to the left, through a central angle of
78°45'40", a distance of 618.59 feet to Station 37+03.08
and the terminus of this described centerline of Butler
Market Road.
And also including all of that portion of said property
described as follows:
Lying within an eighty -foot (80.00) wide strip lying forty
(40.00) feet on either side of the following described
centerline of 4th Street:
Beginning at 4th Street centerline Station 0+00, said point
also lying on the centerline of Butler Market Road at
Station 25+45.81, which bears South 53011156" East a
2 - RESOLUTION NO. 94-021 (3/9/94)
0128x-1955
distance of 1,491.73 feet from the northwest corner of
Section 28, T17S, R12E, W.M.; thence along said centerline
South 19005132" West a distance of 243.26 feet to Station
2+43.26; thence along the arc of a 450.00 foot radius curve
to the right, through a central angle of 15045,4211, a
distance of 123.79 feet to Station 3+67.05; thence South
34051114" West a distance of 85.58 feet to Station 4+52.63;
thence along the arc of a 450.00 foot radius curve to the
left, through a central angle of 34°56154", a distance of
274.48 feet to Station 7+27.11 and the terminus of this
described centerline of 4th Street.
And also including Parcels "A" and "B" described as
follows:
Parcel A
Beginning at a point lying forty (40.00) feet right of
Butler Market Road centerline Station 24+66.81 and thence
along the arc of a 39.00 foot radius curve to the right
which has a chord bearing South 25054128" East 55.15 feet,
through a central angle of 90°00'00" a distance of 61.26
feet; thence North 19005132" East a distance of 39.00 feet;
thence North 70054128" West a distance of 39.00 feet to the
Point of Beginning.
Parcel B
Beginning at a point lying forty (40.00) feet right of
Butler Market Road centerline Station 26+35.21 and thence
along the arc of a 560.00 foot radius curve to the left
which has a chord bearing North 65045'52" West 44.20 feet
through a central angle of 4031126" a distance of 44.22
feet; thence South 19005132" West a distance of 42.64 feet;
thence along the arc of a 39.00 foot radius curve to the
right which has a chord bearing North 67047142" East 58.60
feet, through a central angle of 97024'19" a distance of
66.30 feet to the Point of Beginning.
Containing 51,443 square feet more -or -less, in the four
above described parcels, all lying in Deschutes County,
Oregon.
And also including easements for the construction and
maintenance of roadside slopes consisting of:
1) A ten -foot (10.00) wide strip lying contiguous to and
Northerly of the aforedescribed Northerly right-of-way of
Butler Market Road beginning at the West line of said
property and running to Butler Market Road Station
24+17.47.
2) A fifteen foot (15.00) wide strip lying contiguous to
and Northerly of the aforedescribed Northerly right-of-way
line of Butler Market Road beginning at Butler Market Road
Station 24+14.47 and running to Butler Market Road Station
25+00.
3 - RESOLUTION NO. 94-021 (3/9/94)
0128-1956
3) A five-foot (5.00) wide strip lying contiguous to and
Northerly of the aforedescribed Northerly right-of-way line
of Butler Market Road and running from the Butler Market
Road Station 25+00 to the East line of said property.
4) A ten foot (10.00) wide strip lying contiguous to and
Southerly of the aforedescribed Southerly right-of-way line
of Butler Market Road beginning at the West line of said
property and running to the westerly right-of-way line of
the aforedescribed Fourth Street.
Bearings are based on the Deschutes County Plane Coordinate
System.
Deschutes County intends to equalize the values of said
exchange by paying Bend Millwork Systems, Inc., $30,000.00
and would provide vehicular access onto Fourth Street and
onto Butler Market Road extension. Bend Millwork Systems,
Inc., would retain all water rights from property it
transfers to Deschutes County.
Section 2. A hearing for the purpose of receiving objections to
the above land trade will be held at 10:00 a.m. on Wednesday,
April 20, 1994, in Hearings Room "A," of the Deschutes County
Juvenile Justice Building, Bend.
Section 3. That the Clerk of the County Court shall give notice
of the time and place for the hearing set in Section 2 of this
Resolution by publication of the notice marked Exhibit "A," attached
hereto and by this reference incorporated herein, in "The Bulletin"
once each week for four consecutive weeks prior to the date of such
hearing.
DATED this 6) 11 day of 1994.
RD OF C TY CO SSIONERS
DESCHUT COUNTY 0 N
,A 4y_� 47)
o
CY PUJAE sCALANGiN. Chair
TO :-THRO , C issioner
Y h+k
Recording Sec etary BARRY . SLAUGHTER, Commiss
4 - RESOLUTION NO. 94-021 (3/9/94)
EXHIBIT "A" U128-1957
On Wednesday, April 20, 1994, at 10:00 a.m. in Hearings Room "A," of the
Deschutes County Juvenile Justice Building, 1128 N.W. Harriman, Bend, Oregon,
the Board of County Commissioners of Deschutes County, Oregon, will hold a
hearing on a land exchange of real property between Deschutes County and Bend
Millwork Systems, Inc. The real property to be transferred by Deschutes
County is described as follows:
A portion of that real property lying in the Northwest a of Section
28, Township 17 South, Range 12 East, of the Willamette Meridian
described in that deed between Lawrence Bright and Lawrence Bright
et al., recorded September 8, 1987 in volume 151 at page 247 of the
Official Records of Deschutes County which is described as follows:
Beginning at the Southwest corner of the Northeast 1, Northwest I
of said section and running thence North 0044147" East a distance
of 296.08 feet more -or -less to the Southerly right-of-way of Butler
Market Road as described in Volume 328 at page 2749 of the Official
Records of Deschutes County; thence along said right-of-way on the
arc of a 560.00 foot radius curve to the right, having a central
angle of 22°20,42" and a chord bearing South 44°09'03" East 217.01
feet, a distance of 218.40 feet; thence leaving the aforesaid
right-of-way South 0°06'12" West a distance of 141.82 feet more -or -
less to the south line of the aforementioned Northeast a Northwest
1; thence along last said line North 89°27'12" West a distance of
154.77 feet to the Point of Beginning.
Containing 0.808 acres more -or -less all lying in the City of Bend,
Deschutes County, Oregon and subject to all easements thereon.
The land to be transferred by Bend Millwork Systems, Inc. is described as
follows:
A portion of that real property lying in the Northwest I of Section
28, T17S, R12E, W.M. described in that deed between Arthur Pozzi
and Bend Millwork company recorded March 13, 1986 in Volume 118 at
Page 850 of the Official Records of Deschutes County which is
described as follows:
Lying within a seventy-two (72.00) foot wide strip lying thirty-six
(36.00) feet on either side of the following described centerline
of Butler Market Road from Station 9+92.91 to Station 15+00 or
within a one -hundred (100.00) foot wide strip lying fifty -feet
(50.00) on either side of said centerline from Station 15+00 to
Station 24+14.47 or within an eighty -foot (80.00) wide strip lying
forty (40.00) feet on either side of said centerline from Station
24+14.47 to Station 37+03.08.
Beginning at Butler Market Road centerline Station 9+92.91, said
point also lying on the centerline of U.S. Highway 97, which bears
South 33001106" West a distance of 429.37 feet from the northwest
corner of Section 28, T17S, R12E, W.M.; thence along said
centerline the following courses: North 81017144" East a distance
of 68.66 feet to Station 10+61.57; thence along the arc of a 500.00
foot radius curve to the right, through a central angle of
4404112911, a distance of 390.01 feet to Station 14+51.57; thence
along the arc of a 500.00 foot radius curve to the left, through a
1 - EXHIBIT "A" TO RESOLUTION 94-021 (3/9/94)
0128-1958
central angle of 6058113" a distance of 60.83 feet to Station
15+12.40; thence South 60059100" East a distance of 419.71 feet to
Station 19+32.11; thence along the arc of a 1,250.00 foot radius
curve to the left, through a central angle of 9055128" a distance
of 216.52 feet to Station 21+48.63; thence South 70054128" East a
distance of 409.02 feet to Station 25+57.65; thence along the arc
of a 600.00 foot radius curve to the right, through a central angle
of 41019'26" a distance of 432.75 feet to Station 29+90.40; thence
South 29035'02" East a distance of 94.09 feet to Station 30+84.49;
thence along the arc of a 450.00 foot radius curve to the left,
through a central angle of 78°45140", a distance of 618.59 feet to
Station 37+03.08 and the terminus of this described centerline of
Butler Market Road.
And also including all of that portion of said property described
as follows:
Lying within an eighty -foot (80.00) wide strip lying forty (40.00)
feet on either side of the following described centerline of 4th
Street:
Beginning at 4th Street centerline Station 0+00, said point also
lying on the centerline of Butler Market Road at Station 25+45.81,
which bears South 53°11'56" East a distance of 1,491.73 feet from
the northwest corner of Section 28, T17S, R12E, W.M.; thence along
said centerline South 19°05'32" West a distance of 243.26 feet to
Station 2+43.26; thence along the arc of a 450.00 foot radius curve
to the right, through a central angle of 15045142", a distance of
123.79 feet to Station 3+67.05; thence South 34051114" West a
distance of 85.58 feet to Station 4+52.63; thence along the arc of
a 450.00 foot radius curve to the left, through a central angle of
34°56'5411, a distance of 274.48 feet to Station 7+27.11 and the
terminus of this described centerline of 4th Street.
And also including Parcels "A" and "B" described as follows:
Parcel A
Beginning at a point lying forty (40.00) feet right of Butler
Market Road centerline Station 24+66.81 and thence along the arc of
a 39.00 foot radius curve to the right which has a chord bearing
South 25054'28" East 55.15 feet, through a central angle of
90°00'00" a distance of 61.26 feet; thence North 19005132" East a
distance of 39.00 feet; thence North 70054128" West a distance of
39.00 feet to the Point of Beginning.
Parcel B
Beginning at a point lying forty (40.00) feet right of Butler
Market Road centerline Station 26+35.21 and thence along the arc of
a 560.00 foot radius curve to the left which has a chord bearing
North 65045152" West 44.20 feet through a central angle of 4031'26"
a distance of 44.22 feet; thence South 19005132" West a distance of
42.64 feet; thence along the arc of a 39.00 foot radius curve to
the right which has a chord bearing North 67047142" East 58.60
feet, through a central angle of 97024119" a distance of 66.30 feet
to the Point of Beginning.
Containing 51,443 square feet more -or -less, in the four above
described parcels, all lying in Deschutes County, Oregon.
2 - EXHIBIT "A" TO RESOLUTION 94-021 (3/9/94)
0128-1959
And also including easements for the construction and maintenance
of roadside slopes consisting of:
1) A ten -foot (10.00) wide strip lying contiguous to and
Northerly of the aforedescribed Northerly right-of-way of Butler
Market Road beginning at the West line of said property and running
to Butler Market Road Station 24+17.47.
2) A fifteen foot (15.00) wide strip lying contiguous to and
Northerly of the aforedescribed Northerly right-of-way line of
Butler Market Road beginning at Butler Market Road Station 24+14.47
and running to Butler Market Road Station 25+00.
3) A five-foot (5.00) wide strip lying contiguous to and
Northerly of the aforedescribed Northerly right-of-way line of
Butler Market Road and running from the Butler Market Road Station
25+00 to the East line of said property.
4) A ten foot (10.00) wide strip lying contiguous to and
Southerly of the aforedescribed Southerly right-of-way line of
Butler Market Road beginning at the West line of said property and
running to the westerly right-of-way line of the aforedescribed
Fourth Street.
Bearings are based on the Deschutes County Plane Coordinate System.
Deschutes County intends to equalize the values of said exchange by
paying Bend Millwork Systems, Inc., $30,000.00 and would provide
vehicular access onto Fourth Street and onto Butler Market Road
extension. Bend Millwork Systems, Inc., would retain all water
rights from property it transfers to Deschutes County.
The real property being transferred by Deschutes County consists of a parcel
on Butler Market Road.
The real property being transferred to Deschutes County consists of road
right-of-way for the extension and intersection of Fourth Street and Butler
Market Road.
Any person may appear and make objections to the proposed exchange.
DATED this 9th day of March, 1994.
BO OF UNTY CO ISSIONERS
0 DESC TE COUNT , 0 GON
NANCY PO S/ HLHLAN , Chair
To be posted: March 16, 1994
To be published: March 16, 23, 30 and April 6, 1994
3 - EXHIBIT "A" TO RESOLUTION 94-021 (3/9/94)