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1998-11141-Order No. 98-029 Recorded 2/18/1998REVIEWED r. 0164-0081 9�—? 41 LEG. COUNSIL co BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO1 TY,?QREGON CCI An Order Amending Order No. 98-001.CD Adopting Findings. ORDER NO. 98-029 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Order No. 98-001 is amended by the adoption of the findings marked Exhibit "A" attached hereto and by this reference incorporated herein. DATED this l.1" day of February, 1998. ATTEST: Recording Secretary I - ORDER No. 98-029 (2-11-1998) BOARD OF COUNTY COMMISSIONERS FOR HUTES COUNTY, O NANCY PQK'SCf ILANGEN, Chair L. NIPPER, CO-MWWoner v C , LINDA L. SWE RIN N, Commissioner NIICROFI� p I APR 011998 F C""J�J ✓ c�Id MAR ©1�9� r 0104-0088 EXHIBIT "A" SUPPLEMENTAL FINDINGS TO ORDER No. 98-001 1. By Resolution No. 97-154, dated December 10, 1997, the Deschutes County Board of County Commissioners initiated the exchange of real property with H. Eric Dolson. The real properties proposed for exchange are described in Exhibit "A" to these .findings as Parcel A (Deschutes County property) and Parcel B (Dolson property). 2. Notice of public hearing on the proposed exchange was published in The Bulletin on December 17, 24, and 31, 1997, and January 7, 1998, and posted in three public places on December 10, 1998. 3. A public hearing was held on the proposed exchange of property on January 28, 1998. 4. Parcel A was the subject of a prior exchange proposal between Aspen Lakes Development, LLC, by agreement signed October 9, 1996, by the Board of County Commissioners. The agreement by its terms expired 120 days after October 9, 1996. On or about April 15, 1997, Brad S. Chalfant, Property and Real Estate Manager for Deschutes County, wrote to Aspen Lakes and informed Aspen Lakes that the County was no longer processing the proposed exchange with Aspen Lakes and that the Board of County Commissioners may entertain other proposals for a land exchange. Brad S. Chalfant was authorized by the Board of County Commissioners to cease the processing of the Aspen Lakes exchange and inform Aspen Lakes that the County would entertain other exchange offers, and his actions were ratified. There is no subsisting exchange agreement with Aspen. Lakes for Parcel A. 5. By agreement dated December 17, 1997, the County entered into an agreement to exchange Parcel A with H. Eric Dolson for Parcel B, a parcel to be acquired by H. Eric Dolson from James M. Rex. 6. The sale price of Parcel B to H. Eric Dolson is $260,000. The appraisal of Parcel B is $220,000. 7. Parcel B is contiguous to Smith Rock State Park and has a value of greater than the appraised value to the State of Oregon due to the parcel's unique proximity and character. By agreement dated January 26, 1998, the Oregon Parks and Recreation Department of the State of Oregon agreed with Deschutes County to acquire Parcel B for an exchange of other real property valued at not less than $260,000. 8. The Board of County Commissioners finds that the value of Parcel B is $260,000. 9. County applied for and received a lot of record decision on Parcel A. That decision is being reviewed on February 11, 1998. The appraisal of Parcel A assumed that the highest and best use of Parcel A included use as a residence. The lot of record decision confirms the highest and best use of the parcel as assumed in the appraisal for Parcel A. PAciE I - Ext tlt3►T "A" ro ORDER No. 98-029 0164--0089 10. The Board of County Commissioners finds that the value of Parcel A is $300,000 based on an appraisal. The difference in value of the parcels shall be equalized by the payment of cash to Deschutes County in the amount of $40,000. The cash received on exchange shall be used exclusively for the purchase of other real property in the best interest of the County valued at not less than $40,000. 11. The Board of County Commissioners finds that the exchange of Parcel A for Parcel B as described in the exchange agreement between Deschutes County, James M. Rex and H. Eric Dolson is in the best interest of the County. 12. The above findings are based on the records of the County recorded in the Deschutes County Clerk's Office, File No. 13-259, File No. 13-297, the testimony received at the public hearing on January 28, 1998, and the evidence received at that hearing. PAGE 2 - EXHIBIT "A" To ORDER No. 98-029 PARCEL A 0164 -Gogo The Southeast Quarter of the Northwest Quarter (SEI/4NW1/a) and the East Half of the Southwest Quarter (EI/2SWI/a) of Section Twelve (12), Township Fifteen (15) South, Range 10 East, Willamette Meridian, Deschutes County, Oregon. PARCEL B Parcel l: V 4--`Cq # A tract of land located in the Southeast Quarter (SEI/4) of Section Eleven (11), Township Fourteen (14) South, Range Thirteen (13) East of the Willamette Meridian, more particularly described as follows: Beginning at a point whence the South Quarter corner of said Section 11 bears South 43 ° 31' 10" West, 2616.64 feet; thence North 37 ° 10'29" West, 59.28 feet; thence North 28'50'52" West, 313.47 feet; thence North 41 ° 1754" West, 108.65 feet; thence North 89'11'38" West, 471.99 feet; thence South 17'07'13" East, 238.02 feet; thence South 19°02'14" West, 190.45 feet; thence South 89°45'00" East, 722.29 feet to the point of beginning. EXCEPTING THEREFROM that portion within the right of way of Wallenburg Road. ALSO EXCEPTING THEREFROM in Section 11, Township 14 South, Range 13 East, of the Willamette Meridian, Deschutes County, Oregon: a parcel of land lying and being in Crooked River Acres, Lot 1, also situated in Southeast 1/a of said Section 11, more particularly described as follows: Starting at the Northeast comer of said Lot 1, the initial point, as well as the point of beginning; thence South 41'17'54" East, 108.65 feet; thence South 28°50'52" East, 146.62 feet; thence South 77007104" West, 204.98 feet; thence North 12°02'28" West, 237.41 feet; thence North 89011138" West, 357.89 feet; thence North 17°07'13" West, 26.27 feet; thence South 89°11'38" East, 471.99 feet to the point of beginning. EXCEPT that portion lying within the right of way of Wallenburg Road. Parcel 2: In Section 11, Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon: a parcel of land lying and being in Crooked River Acres, Lot 1, also situated in Southeast 1/a of said Section 11, more particularly described as follows: Starting at the Northeast comer of said Lot 1, the initial point, as well as the point of beginning; thence South 41'17'54" East, 108.65 feet; thence South 28050152" East, 146.62 feet; thence South 77007104" West, 204.98 feet; thence North 12002'28" West, 237.41 feet; thence North 89011138" West, 357.89 feet; thence North 1700713" West, 26.27 feet; thence South 89 ° 11'38" East, 471.99 feet to the point of beginning. EXCEPT that portion lying within the right of way of Wallenburg Road.