1999-998-Order No. 99-157 Recorded 10/14/1999VOL: CJ1999 PAGE: 998
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-998 *Vol -Page hinted: 10/14/1999 13:25:26
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:
Oct. 14, 1999; 10:41 a.m.
Order (CJ)
NUMBER OF PAGES: 8
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEYP N HED
OCT 141999
Cylqq-f-
REVIEWED
Leal Cdunsel
99 OCT 14 0:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OkEGON
MARY SUE PENHOLLOW
An Order Providing for Deschutes * COUNTY CLERK
County to Exchange Real Property
Pursuant to Deschutes County Code
Chapter 11.08 to Acquire a Project,
Making Required Findings and
Providing for Procedures.
ORDER NO. 99-157
WHEREAS, ORS 271.340 and 275.100 and Deschutes County Code (DCC) Chapter
11.08 provide that Deschutes County may exchange real property to 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. $8-122 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 Z. 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.
PAGE 1 OF 2 - ORDER NO. 99-157 (10/13/99)
Section-3.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 set forth in Exhibit "A," and under
the procedures set forth in 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 Deschutes County Property Manager is authorized to take those actions reasonably
necessary to implement this Order.
DATED this 13th day of October, 1999.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
"6aL
DENNIS R. LUKE, Commissioner
PAGE 2 OF 3 ORDER NO. 98-001 (1/28/98)
EXHIBIT "A"
The real property to be transferred by Deschutes County is generally described as follows:
Tax Lot ID
Serial No.
Fair Market
Value
151117-00-00100
150471
330,000
141132-00-01500
150322
235,000
151105-00-00200
150493
115,000
171101-00-00800
150914
325,000
171101-00-00900
150913
200,000
171101-00-01000
150912
200,000
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 7, 1999. The properties are more fully described in the records of Deschutes
County.
PAGE 1 - EXHIBIT "A" TO ORDER NO. 99-157 (10/13/99)
EXHIBIT "B"
The delayed exchange of real property under Order 99-157 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. The Board shall offer each property for sale first to existing lease holders and persons
who have submitted a written request, for a period of 30 days from the date such offer
is presented. Upon expiration of the 30 -day period, each property not sold 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 property manager.
3. 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 orderselecting 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 - EXHIBIT `B" TO ORDER 99-157 (10/13/99)
171332-00-01100 and 171332-00-01103
Property to sell by Resolution
Map printed 1"711999
EAR.CREEKRD----.-
899 0 899 1798 Feet
1:21569 A
N
171101-00-00800,171101-00-00900, and 171101-00-01000
Propeny to sell by Resolution
Map printed 1010711999
899 0 899 1798 Feet
1:21569
151117--00-00100
Property to sell by Resolution
Map printed 10/07/1999
899 0 899 1798 Feet
1:21569 Q
141132-00-01500 and 151105-00-00200
Property to sell by Resolution
Map printed 10/07/1999
899 0 899 1798 Feet
1:21569 Q
N