1999-954-Order No. 99-151 Recorded 9/23/1999VOL: CJ1999 PAGE: 954
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-954 *Vol -Page Printed: 09/24/1999 10:22:04
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:
Sep. 23, 1999; 9:45 a.m.
Order (CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KED, '`' HED
SEP 2 41999
ejlqqq, 954
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF D
OREGON
An Order Providing for Deschutes
County to Exchange Real Property
with Central Oregon Irrigation District
and Making the Required Findings.
no SEP 91
MARY SUE r ENNOLLOW
COUNTY CLERK
ORDER NO. 99-151
WHEREAS, ORS 275.100 provides that Deschutes County may exchange real
property with another 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 did adopt
Resolution No. 99.069 providing for a hearing for the exchange of real property between
Deschutes County and Central Oregon Irrigation District; and
WHEREAS, said hearing was held on September 22, 1999; and
WHEREAS, the Board of County Commissioners finds that the real property
generally described herein, shall be equalized as to value by agreeing to exchange like
properties that have been identified by both parties; and
WHEREAS, the Board of County Commissioners finds that the exchange of the
real property herein described 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. 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 1/4 SW 1/4, the NE 1/4 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
PAGE 1 OF 3 - ORDER NO. 99.151 (9/22/99)
along the south line of said Section 26 S89154'41 "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 N27'1 4'53"W 0.15 feet;
thence leaving said section line and along said railroad right of way line N28°02'06"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 N28°02'06"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 13527); thence leaving said southerly right of way line and along said westerly right of
way line S28°01'50"W 949.99 feet to a 5/8" rebar with a 2" Deschutes County aluminum
cap flush with the 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 S61°58'10"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
S08045'12"W 173.55 feet; thence leaving said centerline S88°16'55"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 S01054'58"E 220.47 feet; thence S63°18'38"E 40.50 feet; thence
N22010'04"E 59.51 feet; thence N57°19'52"E 130.19 feet; thence N49049'56"E 109.85
feet; thence N21 °35'49"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
PAGE 2 OF 3 - ORDER NO. 99,151 (9/22/99)
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
N37047'16"E 144.09 feet to the north -south centerline of said Section 26; thence leaving
said Elrod Boundary and along said north -south centerline S009 0'09"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 '/4 SW '/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 real property to be transferred by Deschutes County is generally described as follows:
Property in the 9`h and Antler Avenue area in Redmond, or other properties of like value as
determined by an appraisal.
Section 2. That upon review and approval of title by the Deschutes County Property and Real
Estate Manager the exchange of real property as referenced is hereby authorized.
Section 3. The Deschutes County Legal Counsel is authorized to take those actions reasonably
calculated to fulfill the referenced exchange.
DATED this 22nd day of September, 1999.
BOARD OF COUNTY COMMISSIONERS
DESCHUOS COUNTY�OREGON
DA L.
ST: T. N: DEWOLrissioner
— ------ --------- — — —
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Recording
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Recording Secretary DENNIS R. LUKE, Commissioner
PAGE 3 OF 3.ORDER NO. 99-151 (9/22/99)