1999-910-Resolution No. 99-069 Recorded 8/12/1999VOL: CJ1999 PAGE: 910
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-910 *Vol -Page Printed: 08/19/1999 14:21:58
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:
Aug. 12,1999; 9:51 a.m.
Resolution (CJ)
NUMBER OF PAGES: 5
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
e' /4w' 4?1 REVIEWED
BEFORE THE I30ARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, IO COUNSEL
A Resolution Declaring the Intention of Deschutes
County to Exchange Real Property with Central Oregon
Irrigation District and Setting a Hearing for the Purpose * 99 AUG 12 AM 9: 51
of Hearing Objections to the Transfer and Providing Notice. * MARY SUE P E N N O L L O W
RESOLUTION NO. 99-069
COUNTY CLERK
WHEREAS, ORS 275.100 provides that the Board of County Commissioners shall declare its
intention to exchange real property by proper resolution; and
WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed exchange
of real property; and
WHEREAS, Deschutes County intends to exchange real property with Central Oregon Irrigation
District; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The real property to be transferred by Deschutes County is generally described as follows:
A portion of land located in Section 15, Township 15 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon or other properties of equal value.
The real property to be transferred by Central Oregon Irrigation District is generally described in
Exhibit "A" attached hereto and incorporated herein.
Section 2. A hearing for the purpose of receiving objections to the above described land trade will be held at
10:00 a.m. on Wednesday, September 22, 1999, in the Board of County Commissioners Hearing Room of the Deschutes
County Administration Building, 1130 NW Harriman, Bend, Oregon.
Section 3. That the Clerk of the County Court shall give notice of the time and place for the hearing set in Section
2 of this Resolution by publication of the notice marked Exhibit "A," attached hereto and by this reference incorporated
herein, in "The Bulletin" once each week for four consecutive weeks prior to the date of such hearing.
DATED this I Ph day of August, 1999.
BOARD OF COUNTY COMMISSIONERS
OF
L. S
ST: T. N. D OLF, Commis
Recording Secretary DLCNNIS R. LUKE, 06rni
PAGE 1 OF 2 - RESOLUTION NO. 99-069 (8/11/99)
,OREGON
EXHIBIT "A"
PUBLIC NOTICE
On Wednesday, September 22, 1999, at 10:00 a.m. in the Board of County Commissioners Hearing
Room of the Deschutes County Administration Building, 1130 NW Harriman, Bend, Oregon, the Board of
County Commissioners of Deschutes County, Oregon, will hold a hearing on an exchange of real property
with Central Oregon Irrigation District and Deschutes County.
The real property to be transferred by Deschutes County is generally described as follows:
A portion of land located in Section 15, Township 15 South, Range 13 East, Willamette Meridian,
Deschutes County, Oregon or other properties of equal value.
The real property to be transferred by Central Oregon Irrigation District is generally described as
follows:
Parcel 1
A parcel of land located in the SE '/4 SW '/4, the NE '/4 SW '/4 and the NW '/4 SE '/4 of Section 26, Township 16 South,
Range 12 East, W.M., Deschutes County, Oregon, said parcel being a portion of that property conveyed to the Central
Oregon Irrigation District in those deeds recorded on October 21, 1918 in Volume 24 Page 52 and April 25, 1931 in
Volume 50, Page 66 of Deschutes County Deed Records, and being more particularly described as follows:
Commencing at the brass disk stamped "LS 1031" 18 inches down in a monument box monumenting the
south 1/4 corner of said Section 26, the Point of Beginning; thence along the south line of said Section
26 S89054'41 "W 1226.60 feet to the easterly right of way line of the Burlington Northern and Santa Fe
Railroad (said right of way line being 50 feet from the Railroad centerline) from which a P.K. nail bears
N27014'53"W 0.15 feet; thence leaving said section line and along said railroad right of way line
N28002'06"E 618.82 feet to a 5/8" rebar with a yellow plastic cap stamped "DEA Inc" monumenting the
intersection of said railroad right of way with the southerly line of the easterly portion of that former
railroad right-of-way quitclaimed to Cascade Pumice Inc., Grantee, by the Burlington Northern and Santa
Fe Railway Company, Grantor, in the Quitclaim Deed recorded May 8, 1998 in Volume 492 Page 2237
of Deschutes County Official Records; thence leaving said railroad right of way and along the boundary
of said quitclaimed property S61 °57'54"E 50.00 feet to a 5/8" rebar with a yellow plastic cap stamped
"DEA Inc" monumenting an angle point in said quitclaimed property; thence N28002'06"E 1835.73 feet
to a 5/8" rebar with a 2" Deschutes County aluminum cap 0.8 feet above the ground stamped "R/W LS
2390" monumenting the intersection of said quitclaimed property with the southerly right of way line (40
feet from centerline) of Center Street as shown on the 1999 survey "Right of Way Map, Retracement of
a Portion of the 1926 Nichols Road" (recorded in the Deschutes County Surveyor's office as CS13522);
thence leaving said quitclaimed property boundary and along said southerly right of way line S61 °58'52"E
119.57 feet to a 5/8" rebar with a 2" Deschutes County aluminum cap 0.8 feet above the ground stamped
"R/W LS 2390" monumenting the intersection of said southerly right of way line with the westerly right
of way line (40 feet from centerline) of Deschutes Market Road as shown on the 1999 survey "Right of
Way Map of a Portion of Deschutes Market Road" (recorded in the Deschutes County Surveyor's office
as CS 13.527); thence leaving said southerly right of way line and along said westerly right of way line
S28001'50"W 949.99 feet to a 5/8" rebar with a 2" Deschutes County aluminum cap flush with the
PAGE 1 OF 3 - EXHIBIT "A" TO RESOLUTION NO. 99-069 (8/11/99)
ground stamped "R/W LS 2390" monumenting an angle point in said right of way line at the southerly
line of the 1919 Vacation Plat and Replat of Centralo; thence S61 °58' 10"E 18.17 feet to a 5/8" rebar with
a 2" Deschutes County aluminum cap flush with the ground stamped "R/W LS 2390" monumenting the
intersection of said southerly plat line with the westerly right of way line (30 feet from centerline) of
Deschutes Market Road; thence leaving said right of way line and continuing along said plat line
S61058'10"E 30.34 feet to the centerline of Deschutes Market Road as shown on said CS13527 right of
way map; thence along said centerline 174.52 feet along the arc of a 477.46 foot radius non -tangent curve
to the left, the long chord of which bears S08145'12"W 173.55 feet; thence leaving said centerline
S88016'.55"W 30.00 feet to the northernmost corner of that parcel of land conveyed to Dennis G.
Luckman in the Bargain and Sale Deed recorded July 9, 1998 in Volume 502 Page 0060 of Deschutes
County Official Records; thence along said Luckman boundary S28°01'02"W 442.26 feet to a 1" iron
pipe; thence S01°54'58"E 220.47 feet; thence S63°18'38"E 40.50 feet; thence N22°10'04"E 59.51 feet;
thence N57°19'52"E 130.19 feet; thence N49°49'56"E 109.85 feet; thence N21°3549"E 15.51 feet to
the southernmost corner of that property conveyed to Conrad E. and Kathy A. Moen in the Bargain and
Sale Deed recorded January 31, 1997 in Volume 436 Page 2194 of Deschutes County Official Records;
thence leaving said Luckman boundary and along the southeasterly boundary of said Moen property
N21 °35'49"E 50.31 feet; thence N31'28'23"E 45.31 feet to the westerly right of way line of Deschutes
Market Road; thence leaving said Moen boundary N68°16'20"E 30.00 feet to the centerline of Deschutes
Market Road; thence along said centerline S21 °43'40"E 20.24; thence leaving said centerline
N68° 16'20"E 30.00 feet to the southernmost corner of that property conveyed to William R. and Lavina
M. Elrod in the Bargain and Sale Deed recorded December 16, 1977 in Volume 264 Page 226 of
Deschutes County Deed Records; thence along the southeasterly line of said Elrod property N50°13'23"E
168.22 feet; thence N37°47'16"E 144.09 feet to the north -south centerline of said Section 26; thence
leaving said Elrod Boundary and along said north -south centerline S00°10'09"E 943.22 feet to the Point
of Beginning. Containing 936,363 square feet (21.496 acres) gross or 889,059 square feet (20.410 acres)
net more or less lying outside of the right of way of Deschutes Market Road.
Parcel 2
A triangular shaped parcel of land being that portion of the NE 1/4 SW 1/4 of Section 26, Township 16 South, Range 12
East, W.M., Deschutes County, Oregon, bounded on the east by the easterly right of way line of the Pilot Butte Canal;
on the south by the northerly right of way line of the 1926 Nichols Market Road (now know as Deschutes Market Road)
and on the north by the east—west centerline of said Section 26. Containing 3,489 square feet (0.080 acres) more or less.
The meeting location is wheelchair accessible. Materials are available in alternate formats. For the deaf
or hard of hearing, an interpreter or assistive listening system will also be provided with 48 hours notice.
To arrange for these services or for more information, please contact Risk Management at (503)385-
3217.
Any person may appear and make objections to the proposed exchange.
DATED this l la' day of August, 1999.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
To be posted: August 18, 1999
To be published: August 18, 25, September 1 and 8, 1999
PAGE 2 OF 3 - EXHIBIT "A" TO RESOLUTION NO. 99,069 (8/11/99)
PROPERTY EXCHANGE WITH COID
COUNTY WILL ACQUIRE FROM COID
Map printed 8/05/1999
Desct}iites County is �¢'q�`irj� all
of t blue Droperty ID
352 0 352 704 Feet
1:8451