1999-764-Order No. 99-102 Recorded 6/11/1999VOL: CJ1999 PAGE: 764
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-764 * Vol -Page Printed: 06/16/1999 09:43:16
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jun. 11, 1999; 11:21 a.m.
Order (CJ)
NUMBER OF PAGES: 6
V.." 0., '0'-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
J!, X o IBJ:
REVIEWED
L ounsel
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Providing for Deschutes
County to Exchange Certain Interests in
Real Property with Bend Metropolitan Parks * R�
and Recreation District and Making Findings.
i
�oo�sc 1119 4
ORDER NO. 99-102
WHEREAS, ORS 275.100 provides that Deschutes County may exchange its interest
in real property with an Oregon governmental body 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. 99-013 providing for a hearing for the exchange of interests in real property
between Deschutes County and the Bend Metropolitan Park and Recreation District; and
WHEREAS, said hearing was held on March 24, 1999, and continued from time to time
and finally closed on June 9, 1999; and
WHEREAS, ORS 275.100 requires that the Board of County Commissioners authorize
the exchange interests in real property after hearing by order; and
WHEREAS, the Board of County Commissioners makes the findings set forth in
Exhibit "A" to this Order in support of the approval of this exchange of interests in real
property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, AUTHORIZES AND ORDERS as follows:
Section 1. The interest in real property to be transferred by Deschutes County (County)
to the Bend Metropolitan Park and Recreation District (BMPRD) is generally described as a
contingent future interest in real property described as follows:
Parcel 1
The Southeast Quarter of the Northwest Quarter (SE 1 A NW 1 /4), and the
Southwest Quarter of the Northeast Quarter (SWI/4 NEI/4), Section
Thirty (30), Township Sixteen (16) South, Range Eleven (11), East of the
Willamette Meridian, Deschutes County, Oregon.
PAGE 1 OF 3 - ORDER NO. 99-102 (6/9/1999)
Parcel 2
That portion of the Southwest Quarter (SWI/4), Section Twelve (12),
Township Eighteen (18) South, Range Eleven (11) East of the Willamette
Meridian, Deschutes County, Oregon, lying Northerly of Cascade Lakes
Highway, EXCEPTING THEREFROM that portion within Campbell
Road, Lundgren Road, Swarens Avenue, and the parcel of real property
described in Volume 249, Page 330, Deschutes County Deed Records,
being the Westerly 165.0 feet.
Parcel 3
All within Township Eighteen (18) South, Range Thirteen (13), East of
the Willamette Meridian, Deschutes County, Oregon:
Section 4. The Southwest Quarter of the Southwest Quarter (SWI/4
SWI/4), the Northwest Quarter of the Southwest Quarter (NW 1 /4
SWI/4), and the Southwest Quarter of the Northwest Quarter (SWI/4
NW 1 /4) bounded on the north by south right of way boundary of Oregon
State Highway 20, and on the east by the canal ditch which corresponds
to west line of property, as described in Deed recorded August 3, 1981,
in Book 345, Page 281, Deed Records, and the West and South of
property lines as described in Deed recorded December 23, 1981, in Book
352, Page 40, Deed Records, and corrected February 21, 1986, in Book
117, Page 70, Deschutes County Records.
EXCEPTING THEREFROM that portion dedicated to the Public by
order recorded March 18, 1970, in Book 169, Page 201, Deed Records.
Parcel 4
All within Township Eighteen (18) South, Range Thirteen (13), East of
the Willamette Meridian, Deschutes County, Oregon.
Section 5. The East Half of the Southeast Quarter (E1/2 SEI/4), the
Southeast Quarter of the Northeast Quarter (SE IA NTE 1/4), bounded on
the north by south boundary right of way of Oregon State Highway 20.
EXCEPTING THEREFROM that portion dedicated to the Public by
order recorded March 18, 1970, in Book 169, Page 201, Deed Records.
PAGE 2OF 3 - ORDER NO. 99-102 (6/9/1999)
Section 2. The interest in real property to be transferred by BMPRD to the County is
generally described as a contingent future interest in real property described as follows:
A parcel of land containing 32.05 acres, more or less, located in a portion
of the Southeast One -Quarter of Section 6, and the Southwest One -
Quarter of Section 5, both of Township 18 South, Range 12 East,
Willamette Meridian, City of Bend, Deschutes County, Oregon, being
more particularly described as follows:
Beginning at the Southwest One -Sixteenth corner of said Section 5; thence
along the north line of the Southwest One -Quarter of the Southwest One -
Quarter (SW1/4 SW1/4) of said Section 6 South 89°43'13" West, 1331.92
feet to the South One -Sixteenth corner common to Section 5 and 6 of said
Township and Range; thence along the north line of the Southeast One -
Quarter of the Southeast One -Quarter (SEI/4 SEI/4) of said Section 6 North
89°41'02" West, 1319.86 feet to the Southeast One -Sixteenth corner of said
Section 6; thence leaving said north line and along the west line of said SE1/4
SETA South 01°25'48" East, 1315.67 feet to the East One -Sixteenth corner
common to Sections 6 and 7 of said Township and Range; thence leaving
said west line and along the south line of said Section 6 South 89°41'56"
West, 199.97 feet to a point on the thread of the Deschutes River; thence
leaving said south line and along said thread the following ten courses:
North 04°20'55"
West, 158.41 feet;
North 16°18'56"
West, 569.05 feet;
North 10°44'22"
East, 255.77 feet;
North 04°39'55"
West, 354.34 feet;
North 33°39'47"
East, 230.15 feet;
North 60°49'57"
East, 221.10 feet;
North 74°10'38"
East, 364.01 feet;
North 84°20'25"
East, 397.02 feet;
North 75°11'36"
East, 199.38 feet;
South 87'16'04"
East, 94.31 feet;
thence leaving said thread North 01 '42'l 8" East, 174.93 feet to a point on the
southerly line of the parcel adjusted per Lot Line Adjustment LL -13-95
(CS#12204 as filed in the office of the Deschutes County Surveyor on May
30, 1995); thence along the southerly and easterly boundary lines of said
adjusted parcel the following six courses:
South 82°25'21" East, 76.89 feet;
North 80°45'39" East, 47.70 feet;
South 86°49'45" East, 96.60 feet;
PAGE 3 OF 3 - ORDER NO. 99-102 (6/9/1999)
South 86°49'45" East, 96.60 feet;
North 82°09'12" East, 132.38 feet;
North 64025'36" East, 22.61 feet;
thence leaving said boundary line South 01'41'27" West, 299.93 feet to a
point on the thread of the Deschutes River; thence along said thread the
following two courses:
South 74°04'12" East, 472.66 feet;
North 85°58'01" East, 450.95 feet;
thence leaving said thread South 04°01'59" East, 77.19 feet; thence South
59°43'59" East, 395.50 feet to the point of beginning, the terminus of this
description.
Section 3. That upon review and approval of title by the Deschutes County Legal Counsel the
exchange of interests in real property referenced in Sections 2 and 3 of this order is hereby approved and
authorized, based upon the findings set forth in Exhibit "A" to this order. The Acting Deschutes County
Property Manager is authorized to take those actions reasonably calculated to complete the above -referenced
exchange, and signature of any necessary agreements, deeds, instructions or other similar documents is
hereby authorized.
v
DATED this 1► day of June, 1999.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
L. S WEARINGEN,
A ST: T. N. D OLF, Comkr
Recording Secretary DENNIS R. LUKE, Commissioner
PAGE 4 OF 3 - ORDER NO. 99-102 (6/9/1999)
EXHIBIT A
FINDINGS AND SUPPORT OF ORDER NO. 99-102
1. The exchange properties have been professionally appraised and the
appraisal reports for each of the exchange properties have been subject to a professional
review appraisal. The Board has reviewed the appraisal reports and the review appraisals
and finds them to reasonable and credible determinations of the market values of the
exchange properties.
2. The market value of the real property in which County is transferring its
interest to BMPRD is less than the market value of the real property in which County is
acquiring an interest through the exchange with BMPRD. The County's interest in the
exchange properties (both the property in which County is transferring its interest and the
property in which County is acquiring an interest) is a contingent future interest. The
value of the contingent future interest in the exchange properties is of equal value.
3. The exchange of interests in the real property described in this Order is in
the best interest of County for the following reasons:
A. The exchange properties owned by BMPRD subject to the
County's interest are not improved for park purposes. Three of the
four parcels are located outside of the BMPRD boundaries. All
four properties are used solely for unimproved public open space.
All are adjacent to or near other publicly -owned lands that allow
for public use and public access. None of the exchange properties
owned by BMPRD subject to the County's interest are prioritized
for park development or funding.
B. Through a Memorandum of Understanding, BMPRD has retained
14 acres of one of the exchange properties (Parcel 2) for the future
park development (with private funds) including 9 acres of natural
open space and a 5 acre neighborhood park. In addition, BMPRD
has obtained agreements for the development (with private funds)
of a 10 acre public park on nearby privately -owned lands that also
includes the improvement to and maintenance of public trails on
and across Parcel 2 connecting it to nearby Forest Service lands
and nearby BMPRD park lands/ballfields.
C. The real property to be acquired by BMPRD through the exchange
in which County will obtain an interest consists of Deschutes River
front property immediately adjacent to the developing Old Mill
District. It is one of the last remaining large river front parcels
inside the Bend Urban Growth Boundary that is suitable for park
development. By the acquisition of this property, BMPRD can
provide public access to a portion of the Deschutes River that is
presently in private ownership with no public river access.
BMPRD can also connect to existing or planned river trails and
extend public access to and enjoyment of the Deschutes River.
D. Approximately 16 acres of this exchange property will be available
for park development purposes following city right-of-way
acquisition. The potential for park development exceeds the
acreage of Drake Park, BMPRD's only other significant river front
park land in Bend. Further, this exchange property has more than
1000 additional lineal feet of river frontage than Drake Park and
can accommodate many public park purposes/functions.
E. The public interest will be benefited by the park and urban public
areas and facilities along the Deschutes River that will serve the
citizens of and visitors to Deschutes County.