1994-16455-Order No. 94-045 Recorded 4/21/1994WHEREAS, Resolution No. 94-027 provided for a hearing for the
exchange of property between Deschutes County and Bend Millwork
Systems, Inc.; and
WHEREAS, said hearing was held on April 20, 1994; and
WHEREAS, ORS 275.100 requires that the Board of County
Commissioners authorize the exchange of lands after hearing by order;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS and finds as follows:
Section 1. That the properties described below are of equal
value:
The lands to be transferred by Deschutes County are generally
described as follows:
A portion of that real property lying in the Northwest I 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 11
Northwest I of said section and running thence North
0044'47" 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 22020142" and a chord bearing South
44009103" East 217.01 feet, a distance of 218.40 feet;
thence leaving the aforesaid right-of-way South 0006,12"
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 89027'12" West a distance of
154.77 feet to the Point of Beginning.
PAGE 1 OF 7 - ORDER NO. 94-045 (4/20/94)
tSSE CHED
6 1994
REVIEWED
94-16455
LEG
COUNSEL
BEFORE THE BOARD OF
COUNTY COMMISSIONERS OF DESCHUTES
COUNT -Y'
&EGON
An Order Providing
for the
Exchange of Real Property 0135-1329
with Bend Millwork
Systems,
Inc.,and Making the
Required
Findings.
ORDER NO. 94-045
='
WHEREAS, Resolution No. 94-027 provided for a hearing for the
exchange of property between Deschutes County and Bend Millwork
Systems, Inc.; and
WHEREAS, said hearing was held on April 20, 1994; and
WHEREAS, ORS 275.100 requires that the Board of County
Commissioners authorize the exchange of lands after hearing by order;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS and finds as follows:
Section 1. That the properties described below are of equal
value:
The lands to be transferred by Deschutes County are generally
described as follows:
A portion of that real property lying in the Northwest I 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 11
Northwest I of said section and running thence North
0044'47" 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 22020142" and a chord bearing South
44009103" East 217.01 feet, a distance of 218.40 feet;
thence leaving the aforesaid right-of-way South 0006,12"
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 89027'12" West a distance of
154.77 feet to the Point of Beginning.
PAGE 1 OF 7 - ORDER NO. 94-045 (4/20/94)
tSSE CHED
6 1994
f)��5.-1
Containing 0.808 acres more -or -less all lying in the City
of Bend, Deschutes County, Oregon and subject to all
easements thereon.
The lands to be transferred by Bend Millwork Systems, Inc., are
generally 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 3301'06" 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 44041'2911,
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 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 9055'28" 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
4101912611 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
7804514011, 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:
PAGE 2 OF 7 - ORDER NO. 94-045 (4/20/94)
0135-1331
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
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 1504514211, 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 34056,54", 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 90000,00" a distance of 61.26
feet; thence North 19°05132" 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 4031,26" a distance of 44.22
feet; thence South 19005,32" 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 67047,42" 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:
PAGE 3 OF 7 - ORDER NO. 94-045 (4/20/94)
9135-1332
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.
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,
PAGE 4 OF 7 - ORDER NO. 94-045 (4/20/94)
0135-1333
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 44041,2911,
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 6'5811311 a distance of 60.83 feet to
Station 15+12.40; thence South 6005910011 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
410191261, 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
7804514011, 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
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 154514211, 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 34056'5411, 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
PAGE 5 OF 7 - ORDER NO. 94-045 (4/20/94)
0135-1334
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 90000'00" a distance of 61.26
feet; thence North 19005'32" 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 6545'52" 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 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) 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
PAGE 6 OF 7 - ORDER NO. 94-045 (4/20/94)
0135-1335
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. That the exchange of such property will allow the
construction of the extensions of Butler Market and Fourth Streets
which is in the best interest of Deschutes County.
Section 3. That upon review and approval of title by Deschutes
County Legal Counsel and upon the successful completion of the
partitioning of the County land, the exchange of real property as
referenced is hereby authorized.
DATED this 40t4 day of , 1994.
1
B OF CO TYenGON
ONERS
0 DESCHUT S O
ANC SC, GEN, Chair
E T: T THR
"A*4,.,"-- pppu
Recording Secretary BARRY H
PAGE 7 OF 7 - ORDER NO. 94-045 (4/20/94)
iss ' iOer
, Commissioner