1998-58048-Order No. 98-161 Recorded 12/18/1998R�ViEWED
9�-�
OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Providing for Deschutes
County to Exchange Real Property
Pursuant to Deschutes County Code
Chapter 11.08 to Acquire a Project,
Making Required Findings and
Providing for Procedures.
* 98 DEC 18 AM 8: 37
* MARY SUE [:";E¢1i1'0LLOW
* COUNTY CLERK
*
*
ORDER NO. 98-161
WHEREAS, ORS 271.340 and 275.100 and Deschutes County Code (DCC) Chapter
11.08 provide that Deschutes County may exchange real propertyto acquire a project when it
deems such exchange to be in the best interest of Deschutes County; and
WHEREAS, the Board of County Commissioners of Deschutes County adopted
Resolution No. 98-122 on October 28, 1998, providing for a hearing for the exchange of real
property pursuant to DCC Chapter 11.08 by Deschutes County to acquire a project known as the
Health and Human Services Building in Bend, Oregon, the Becky Johnson Community Campus
in Redmond, Oregon and 1031 N.E. Penn Avenue, Bend, Oregon (Project).
WHEREAS, said hearing was held on December 16, 1998; and
WHEREAS, ORS 271.340 and 275.100 and DCC Chapter 11.08 require that the Board of
County Commissioners authorize the exchange of real property after hearing by order; and
WHEREAS, the Board of County Commissioners finds that the delayed exchange of the
real property generally described herein to acquire the Project 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 the real property generally described in Exhibit "A," attached hereto and
by this reference incorporated herein, be available to be exchanged by Deschutes County for the
Project described as the Health and Human Services Building in Bend, Oregon, the Becky
Johnson Community Campus in Redmond, Oregon and 1031 N.E. Penn Avenue, Bend, Oregon
(Project).
Section 2. That the real property described in Section 1 of this Order shall be exchanged
as a delayed exchange in accordance with DCC Chapter 11.08.
Section 3. That the properties eligible under this Order for a delayed exchange to acquire
the Project shall be available for not less than fair market value under the procedures set forth in
PAGE 1 OF 3 - ORDER NO. 98-161 (12/16/98)
MICROF_ _►QED K( 1MCHFf)
DEC 3 0 1998 DEC .41011-1 2 1998
n
4
170 - 0603
Exhibit "B," attached hereto and by this reference incorporated herein upon further order of the
Board.
Section 4. That upon review and approval of title by the Deschutes County Legal
Counsel, the exchange of real properties referenced is hereby authorized in accordance with this
Order. The acting Deschutes County Property Manager is authorized to take those actions
reasonably necessary to implement this Order.
DATED this 16th day of December, 1998.
ST:
Recording Secretary
PAGE 2 OF 3 - ORDER NO. 98-001 (1/28/98)
1?® - 0604
EXHIBIT "A"
The real property to be transferred by Deschutes County is generally described as follows:
Tax Lot ID
Serial No.
Tax Lot ID
Serial No.
151300-00-00119
171585
161235-00-00100
150885
151300-00-00121
171586
161235-00-00800
150883
151300-00-00122
171990
171101-00-00800
150914
pt of 151300-00-00103
pt of 150551
171101-00-00900
150913
SE%4 of the NE% and NE% of the
171101-00-01000
150912
SEY4 of Sec. 10, T15S, R13E
171230 -AB -02200
151027
171206 -CO -00500
150949
171232 -AA -02300
151069
171214-00-00100
150954
171232 -CD -1 5500
151156
171317-00-00100
151476/
171233 -BC -07900
105337
169640
171233 -BC -08001
105335
171321-00-00100
109263
171233 -BC -08600
105349
171321-00-00300
151504
171233 -BC -08700
105348
171332-00-01100
151521
171233 -BC -08800
105347
171332-00-01103
182484
141214 -CO -00400
165372
171417-00-00400
160840
141215-00-00700
165399
141223 -BO -01100
165439
171417-00-00500
131535
141223 -BO -01200
165440
171415 -DO -00900
151588
141100-00-05200
150296
171415 -DO -01000
151580
141131 -CO -00100
150324
171422-00-00500
151609
141132-00-01500
150322
171415-00-01000
151590
151105-00-00200
150493
171422-00-00300
151569
151117-00-00100
150471
171427-00-01500
151631
151117-00-00700
150498
171415 -DO -01000
151580
141200-00-01298
150357
171433-00-00600
151642
141200-00-02000
150334
181319-00-00100
151764
141322 -DO -00100
150390
181309-00-01600
112479
141323-00-00200
150407
181310-00-01100
151754
141323-00-00202
188936
181300-00-04500
151734
141326-00-00200
150389
181300-00-04600
151733
141328-00-01200
150404
151013-00-00200
150454
141329-00-00100
128428
181216 -DC -01501
162879
141333-00-00602
128641
191632-00-02600
143178
151329 -BB -00300
150730
201024 -AO -14200
125347
161207-00-00800
150811
201119 -BO -15200
125959
161207-00-01000
150810
211002 -BO -06000
126515
161218-00-00300
150825
161214-00-00500
150827
Real property described by tax lot identification (Tax Lot ID) and serial number are described
by Tax Lot ID and serial number as set forth in the records of the Deschutes County Assessor
on October 28, 1998. The properties are more fully described in the records of Deschutes
County.
PAGE 1 - EXHIBIT "A" TO ORDER NO. 98-161 (12/16/98)
EXHIBIT "B"
The delayed exchange of real property under Order 98-161 shall be as follows:
1. The Board, by order, shall determine the fair market value of the real property and set
the date proposals will be received to acquire the real property (exchange date) and
identify the project to be acquired with the proceeds of the delayed exchange.
2. Each property selected shall be advertised in a newspaper of general circulation for
not less than two times in the two weeks preceding a bid opening. Additional
advertisements may be placed at the discretion of the acting property manager.
Sealed written proposals for not less than the fair market value shall be received and
opened on the exchange date. Proposals may be for cash or for note and trust deed
not to exceed 20 years with not less than 10 percent (10%) of the proposal price as a
down payment. Interest shall be determined by the Board at the time the Board
adopts its order selecting the property and determining its fair market value. All
proposals must be accompanied by a deposit of 10 percent (10%) of proposal price in
the form of a cashier's check payable to Deschutes County.
4. The Board, by order, shall exchange the property for the proposals with the highest
proposal price that is equal to or exceeds the fair market value determined by the
Board. If two or more qualified proposals are of equal price, the proposal received
first shall be selected.
5. If a proposal to acquire property under this Order has not closed within 60 days after
the exchange date, all proposals shall be canceled and the real property must be
reselected by Board order to be available to purchase.
6. Where a property fails to receive an adequate proposal to acquire the property, the
acting property manager may list the property with the County's real estate broker of
record.
7. The Board may by order exempt an exchange property from competitive proposal
where the public interest would be served and the real property is exchanged for not
less than its fair market value.
PAGE 1 - EX%IIBIT "B" TO ORDER 98-161 (12/16/98)