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1997-30972-Order No. 97-120 Recorded 8/28/1997ti 9'7-30912 �° LEGALCOUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 97 A!''' 23, PN 111: 18 An Order Providing for Deschutes County to Make an Exchange of Contingent Future Interests With the Bend Metropolitan Park and Recreation District, and Making the Required Findings. ORDER NO. 97-120 WHEREAS, ORS 275.100 provides that Deschutes County may exchange real property and personal property with private persons when it deems such exchange to be in the best interest of Deschutes County; and WHEREAS, the Board of County Commissioners of Deschutes County did adopt Resolution No. 97-101 providing for a hearing to authorize an exchange of contingent future interests with the Bend Metropolitan Park and Recreation District, a district organized under the laws of the State of Oregon; and WHEREAS, said hearing was held on August 27,1997; and WHEREAS, the Board of County Commissioners finds that the foregoing exchange of interests in real property is of equivalent value; and WHEREAS, the Board of County Commissioners finds that the exchange of interest in the real property herein described is in the best interest of Deschutes County; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, AUTHORIZES AND ORDERS as follows: Section 1. That Deschutes County shall be authorized to transfer to the Bend Metropolitan Park and Recreation District a reversionary interest it holds on property situated in the City of Bend, Deschutes County, State of Oregon, generally described as: Parcel 1 All that property being a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: PAGE 1 OF 5 - ORDER NO. 97-120 (8/27/97) J�p NCYLD9 r 8 " 97 ti� �_ ti 4�6ju Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00°30'37" East, 500.00 feet; thence leaving said west line, South 89°42'44" East, 1259.42 feet to the North-South one -sixteenth (1/16) line; thence along said 1/16th line, North 00°04'05" West 853.15 feet to the beginning of a non -tangent 460.00 foot radius curve to the left; thence along said curve through a central angle of 23'17'46", an arc length of 187.03 feet (the chord of which bears North 42°24'56" West, 185.75 feet); thence North 54°03'12" West, 100.06 feet to the beginning of a tangent 544.10 foot radius curve to the left; thence along said curve through a central angle of 03'44'03", and arc length of 35.49 feet (the chord of which bears North 55'55'13" West, 35.48 feet) to the True Point of Beginning; thence South 64°56'26" West, 159.90 feet to the southeasterly right-of-way of Brooks Access No. 2 and a point on a non -tangent 480.00 foot radius curve to the right; thence along said right-of-way and along said curve through a central angle of 16°32'36", and arc length of 138.59' (the chord of which bears North 48°39'54" East, 138.11 feet) to a point on a non -tangent 544.10 foot radius curve to the right; thence leaving said right- of-way and along said curve through a central angle of 04°59'14", an arc length of 47.40 feet (the chord of which bears South 60'16'52" East, 47.38 feet) to the Point of Beginning. Contains 3,571 square feet, more or less. Parcel 2 All that property being a portion of Government Lots 6 and 7, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00°30'37" East, 500.00 feet; thence leaving said west line, South 89'42'44" East, 1259.42 feet to the North-South one -sixteenth (1/16th) line; thence along said 1/16th line, North 00°04'05" West, 604.94 feet to the northeasterly right-of-way of Mt. Washington Drive and the True Point of Beginning; thence along said right-of-way, North 64°04'07" West, 515.08 feet; thence leaving said right-of-way, North 64°56'26" East, 374.78 feet to a point on a non -tangent 460.00 foot radius curve to the right; thence along said curve through a central angle of 23°00'31", an arc length of 184.72 feet (the chord of which bears South 42°16'19" East, 183.49 feet) to said 1/16th line; thence along said 1/16th line, South 00°04'05" East, 248.21 feet to the Point of Beginning. Contains 2.099 acres, more or less. PAGE 2 OF 5 - ORDER NO. 97-120 (8/27/97) 0162--239-7 Parcel 3 All that property being a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00°30'37" East, 1473.87 feet to the southerly right- of-way of Metolious Drive; thence North 77°03'55" East, 355.27 feet to the northeasterly right-of-way of Mt. Washington Drive and the True Point of Beginning; thence continuing along the same course, North 77°03'55" East, 413.10 feet to a point on a non -tangent 554.51 foot radius curve to the right; thence along said curve through a central angle of 17°11'29", an arc length of 163.38 feet (the chord of which bears South 78'45'50" East, 162.77 feet) to the northwesterly right-of-way of Brooks Access No. 2 and a point on a non -tangent 540.00 foot radius curve to the left; thence along said right-of-way and along said curve through a central angle of 23 °5610", an arc length of 225.59' (the chord of which bears South 40°51'47" West, 223.96 feet); thence leaving said right-of- way, South 64°56'26" West, 20.66 feet; thence North 89°00'00" West, 194.05 feet to said northeasterly right-of-way of Mt. Washington Drive; thence along said northeasterly right-of-way, North 64°04'07" West, 62.32 feet to the beginning of a tangent 1060.00 foot radius curve to the right; thence, along said curve through a central angle of 09'14'02", an arc length of 170.83 feet (the chord of which bears North 59°27'06" West, 170.64 feet) to the Point of Beginning. Contains 1.612 acres, more or less. As consideration for said transfer, the Bend Metropolitan Park and Recreation District agrees to grant to Deschutes County a reversionary interest on the real property situated in the City of Bend, Deschutes County, State of Oregon, generally described as: Parcel 4 All that property being a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00°30'37" East, 1448.97 feet to the north line of that parcel described by deed in Book 115 at Page 202 of Deschutes County Official Records and the True Point of Beginning; thence along said north line, South 89°00'00" East, 370.26' to the southwesterly right-of-way of Mt. Washington Drive and a point on a non -tangent 1140.00 foot radius curve to the left; thence PAGE 3 OF 5 - ORDER NO. 97-120 (8/27/97) 6162-2398 along said right-of-way and along said curve through a central angle of 05'02'47", an arc length of 100.41 feet (the chord of which bears South 61'32'43" East, 100.37 feet); thence South 64°04'07" East, 174.89' to a point on the south line of said parcel described in Book 115 at Page 202 of Official Records; thence leaving said right-of-way and along said south line, North 89°00'00" West, 616.90 feet to said west line of Section 6; thence along said west line, North 00°30'37" East, 120.00 feet to the Point of Beginning. Contains 1.349 acres, more or less. Parcel 5 All that property being a portion of Parcel II of Partition Plat 1994-49, as shown on that plat on file with the Deschutes County Surveyor as CS 12038; also being a portion of the northwest quarter of Section 5 and the northeast quarter of Section 6, Township 18 South, Range 12 East, Willamette Meridian, in the City of Bend, Deschutes County, Oregon, described as follows: Beginning at the northeast quarter of said Section 6, as shown on said partition plat; thence along the boundary of said Parcel II, North 89°44'46" East, 160.00 feet; thence South 62°29'29" East, 439.89 feet; thence South 47°40'14" East, 465.80 feet to the northwesterly right-of-way of Colorado Avenue; thence along said right-of-way, South 46°51'39" West, 416.11 feet to the beginning of a non - tangent 270.00 foot radius curve to the right; thence leaving said right-of-way and along said curve through a central angle of 23'52'29", an arc length of 112.51 feet (the chord of which bears North 31'10'49" West, 111.69 feet); thence North 19'14'35" West, 43.39 feet to the beginning of a tangent 240.00 foot radius curve to the right; thence along said curve through a central angle of 14'16'31", an arc length of 59.80 feet (the chord of which bears Northl2°06'19" West, 59.64 feet); thence North 04°58'03" West, 61.68 feet to the beginning of a tangent 279.00 foot radius curve to the left; thence along said curve through a central angle of 44°02'14", an arc length of 214.44 feet (the chord of which bears North 26°59'11" West, 209.20 feet); thence North 49°00'18" West, 114.17 feet to the beginning of a tangent 260.00 foot radius curve to the left; thence along said curve through a central angle of 27°59'58", an arc length of 127.06 feet (the chord of which bears North 63°00'17" West, 125.80 feet); thence North 77°00'16" West, 83.08 feet to the beginning of a tangent 160.00 foot radius curve to the left; thence along said curve through a central angle of 64'12'21", an arc length of 179.30 feet (the chord of which bears South 70°53'33" West, 170.06 feet); thence North 15°53'15" West, 257.29 feet to the north line of said Parcel II; thence along said north line, South 89°57'53" East, 104.27 feet; thence North 00°21'16" East, 15.54 feet to the Point of Beginning. Contains 5.92 acres, more or less. PAGE 4 OF 5 - ORDER NO. 97-120 (8/27/97) 2 -t) 0 P A,2 09 Section 2. That upon review and approval of title by Deschutes County Legal Counsel the exchange of interest in real property as referenced is hereby authorized. Section 3. The Deschutes County Property and Real Estate Manager is authorized to take those actions reasonably calculated to fulfill the referenced exchange. DATED this 27th day of August, 1997. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON PE SCHL4NGEN, Chair ROBERT ERT L. N IPPER/Jr missioner ST: Rr _, -Z�A-- Znuz�-�- Recording Secretary L NDA L. SW AR N, Commissioner PAGE 5 OF 5 - ORDER NO. 97-120 (8/27/97)