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1997-14214-Order No. 97-044 Recorded 4/24/19979'7-11r"' � a BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Directing Transfer of * ,` Real Property to the Sisters School District #6 to be Used Exclusively for Public Purposes. ORDER NO. 97-044 WHEREAS, ORS 271.330 provides that Deschutes County may transfer real property not needed by the County to another governmental body after a hearing; and WHEREAS, a hearing was held on April 23, 1997, pursuant to Resolutions 97-029 and 97-044; and WHEREAS, the Board of County Commissioners find that Deschutes County does not need certain real property for public purposes; and WHEREAS, the Board of County Commissioners find that the Sisters School District #6 is a municipal corporation of the State of Oregon and will use certain real property for school, recreation and related public purposes; and WHEREAS, the Board of County Commissioners finds that the proposed transfer is in the public interest; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That subject to the concurrent closing the land exchange authorized by Order 97-028, Deschutes County shall transfer to Sisters School District #6 the real property described in Exhibit "1," attached and incorporated by this reference, the true consideration for which shall be the perpetual use of said real property for school, recreation and related public purposes, pursuant to ORS 271.330. Section 2. That said transfer of real property is conditioned upon signature of a Letter of Understanding and the recording of a binding Conservation Easement, acceptable to Deschutes County, protecting and restricting development on at least that portion of the subject real property containing the rare plant, Pecks' Penstemon. Said Conservation Easement shall be recorded concurrently with the closing of said transfer. PAGE 1 OF 2 - ORDER NO. 97-044 (4/23/97) Section 3. That upon review and approval of Counsel with respect to title and form of the aforementioned Conservation Easement, a bargain and sale deed be executed and recorded transferring said property to Sisters School District #6, subject to a reversionary interest of Deschutes County should said property cease to be used for school, recreation and related public purposes. Section 4. That the Deschutes County Property and Real Estate Manager shall be authorized to take those actions reasonably calculated to complete the aforementioned transfer of real property. DATED this 23rd day of April, 1997. BOARD OF COUNTY COMMISSIONERS DESCHUTE,S�OUNTY, QREGON NAND 1PE HLANGEN� hair ST: RObERT L. NIPPER, Comm-issfdner aX,, . Recording Secretary LINDA L. SW8ARINGEN, Commissioner PAGE 2 OF 2 - ORDER NO. 97-044 (4/23/97) EXHIBIT "1" That portion of the East Half (EI/2) of Section Six (6), Township Fifteen (15) South, Range Ten (10), East of the Willamette Meridian, Deschutes County, Oregon, lying Northeasterly of the McKenzie Highway. PAGE 1 OF 1- EXHIBIT "1" TO ORDER NO. 96-016 (2/28/96)