1998-15075-Ordinance No. 98-023 Recorded 4/9/1998a'-ViFWED?.TO FORM REVIEWED
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO KE
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An Ordinance Adding to Title 11 of the Deschutes
County Code, and Declaring an Emergency.
ORDINANCE NO. 98-023
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADDING. Deschutes County Code Title 11, County Owned Land and Property,
is amended by the addition of Chapter 11.08, Exchange of Real Property, as set forth in Exhibit "A,"
attached hereto and by this reference incorporated herein.
Section 2. EMERGENCY. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect
on its passage.
DATED this 8h day of April, 1998.
ATTEST:
Recording Secretary
Page I of I - Ordinance No. 98-023 (4/8/98)
BOARD OF COUNTY COMMISSIONERS FOR
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EXHIBIT "A"
OChapter 11.08. Exchange of Real
Property
11.08.010.
Purpose.
11.08.020.
Definition -Cash.
11.08.030.
Definition -Land.
11.08.040.
Definition -Project.
11.08.050.
Definition -Real property.
11.08.060.
Agreements to exchange.
11.08.070.
Resolution of intent.
11.08.080.
Notice.
11.08.090.
Value of land.
11.08.100.
Specified value.
11.08.110.
Equalization of value.
11.08.120.
Order authorizing exchange.
11.08.130.
Delayed exchanges.
11.08.140.
Reverse exchange.
11.08.150.
Purchase of debt instruments.
11.08.160.
Project development.
11.08.170.
Expenditure of funds.
11.08.010. Purpose.
The purpose of this chapter is to provide
procedures for the exchange of county owned
land in accordance with ORS 271.340 and
275.100. (Ord. 98-023 § 1, 1998)
1.1.08.020. Definition -Cash.
"Cash" means money in the currency of the
United States, contracts for the sale of real
estate, notes and trust deeds, and other similar
instruments, and the value of improvements to
be constructed. (Ord. 98-023 § 1, 1998)
11.08.030. Definition -Land.
"Land" means real property as defined in
this chapter. (Ord. 98-023 § 1, 1998)
11.08.040. Definition -Project.
"Project" means real property to be
acquired, the retirement of debt incurred in
acquiring real property or the interdepartmental
transfer of real property previously acquired by
the county with funds budgeted in a county
department fund. (Ord. 98-023 § 1, 1998)
11.08.050. Definition -Real property.
"Real property" means the land itself,
above or under water; all buildings, structures,
0164-2967
improvements, machinery, equipment or
fixtures erected, or to be erected, upon, above or
affixed, or to be affixed, to the same; all mines,
minerals, quarries and trees in, under or upon
the land; all water rights and privileges in any
wise appertaining to the land; instream water
rights; and any easement, estate, right, title or
interest whatsoever in land or real property, less
than the fee simple. (Ord. 98-023 § 1, 1998)
11.08.060. Agreements to exchange.
Prior to entering a resolution declaring the
board's intention to acquire land by exchange,
the board shall first enter into a non-binding
letter of intent to exchange real property
describing the real property sought to be
acquired and exchanged, the parties responsible
for payment of the expenses of appraisal, title
examination, environmental investigation,
unpaid real property taxes, liens and other
transaction costs, and the date upon which the
letter of intent shall expire. (Ord. 98-023 § 1,
1998)
11.08.070. Resolution of intent.
Whenever the board enters into a non-
binding letter of intent to exchange real
property, the board may adopt a resolution
declaring its intention to make the exchange
described in the non-binding letter of intent to
exchange real property when it finds that it is to
the best interest of the county to acquire real
property by exchange. The resolution declaring
the board's intention to exchange real property
shall set a public hearing on the matter at least
six weeks from the date of the resolution. The
public hearing shall be for the purpose of
hearing objections to the proposed exchange.
(Ord. 98-023 § 1, 1998)
11.08.080. Notice.
Notice of the time and place of public
hearing on a proposed exchange of real property
shall be given by publication once each week
for four consecutive weeks in The Bulletin, a
newspaper of general circulation in Deschutes
County, Oregon. The last publication shall be at
least seven days before the date of the hearing.
PAGE 1 OF 3 - EXHIBIT "A" TO ORDINANCE NO. 98-023 (4/8/98)
EXHIBIT "A"
The notice shall describe the land to be
exchanged. (Ord. 98-023 § 1, 1998)
11.08.090. Value of land.
The value of land to be acquired by the
county and exchanged by the county shall be
determined pursuant to an appraisal of the fair
market value of the land by a licensed real estate
appraiser, evidence received by the board at a
public hearing, or the value of the project to be
acquired as determined by cost estimates
developed for the project using the cost of
construction method. (Ord. 98-023 § 1, 1998)
11.08.100. Specified value.
The board may enter into agreements with
the State of Oregon, any municipal corporation
or other public entity to exchange real property
with values agreed upon by the parties when
such values are supported by good and
sufficient evidence. (Ord. 98-023 § 1, 1998)
11.08.110. Equalization of value.
When finding that lands being exchanged
are not of equal value, the board may determine
that any differences in value may be equalized
by the payment of cash. Any cash received by
the county shall be used to acquire other real
property or improvements to real property
described in the project identified in the order
authorizing the exchange. (Ord. 98-023 § 1,
1998)
11.08.120. Order authorizing exchange.
When the board finds that the land is of
equal value, including any cash offered in
exchange, the board may, upon finding that the
exchange is to the best interest of the county,
enter its order authorizing the exchange. If cash
constitutes all or a part of the consideration to
be received by the county, the order shall
declare the project to be acquired with the cash.
Prior to closing an exchange of land, the
proceedings shall be reviewed by a competent
attorney who shall review the proceedings for
conformity with this chapter and ORS 271.340
and 275.100 and who shall also approve title to
the land exchanged by each party. All deeds
given or accepted by the county shall bear the
0164=2968
order number authorizing the exchange. (Ord.
98-023 § 1, 1998)
11.08.130. Delayed exchanges.
Where the board has determined that it is to
the best interest of the county to acquire land,
the board may exchange land for cash. The land
to be acquired shall be of equal or greater value
than the value of the cash to be received. Prior
to exchanging land for cash, the board shall
identify and designate the project to be acquired
with the proceeds of the exchange, and shall
hold such proceeds for the purpose of acquiring
the project. Such cash shall be deposited at
interest in an account to be used exclusively for
the project. (Ord. 98-023 § 1, 1998)
11.08.140. Reverse exchange.
When it is to the best interest of the county
to acquire real property available for sale, the
county may do so prior to identifying a project.
Such real property may subsequently be
designated for a project. When designated for a
project, the county department fund acquiring
the real property shall be reimbursed the full
cost of the acquisition of the real property.
(Ord. 98-023 § 1, 1998)
11.08.150. Purchase of debt instruments.
The board may authorize a county
department fund to purchase a debt instrument
received by the County, in whole or in part, in
exchange for land. The cash money realized by
the interdepartmental purchase of a debt
instrument shall be designated for a project in
the same manner in which cash is designated for
a project under this chapter. (Ord. 98-023 § 1,
1998)
11.08.160. Project development.
If land is exchanged for cash for a
designated project, the proceeds of the exchange
shall not be used for any other purpose, unless
the board, by order, abandons the project for
which the funds were segregated and identifies a
new project of equal or greater value. (Ord. 98-
023 § 1, 1998)
PAGE 2 OF 3 - EXHIBIT "A" TO ORDINANCE NO. 98-023 (4/8/98)
EXHIBIT "A" 0164-2969
11.08.170. Expenditure of funds.
Funds identified for a project must be fully
expended for the project within ten years of the
date of the order authorizing the exchange. if
funds for a project remain unexpended after ten
years, the unexpended funds shall be distributed
in accordance with ORS 275.275. (Ord. 98-023
§ 1, 1998)
PAGE 3 OF 3 - EXHIBIT "A" TO ORDINANCE NO. 98-023 (4/8/98