1999-1100-Order No. 99-178 Recorded 12/9/1999VOL: CJ1999 PAGE: 1100
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1100 *Vol -Page Printed: 12/10/1999 10:13:02
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:
Dec. 9, 1999; 4:35 p.m.
Order (CJ)
NUMBER OF PAGES: 8
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
REVIEWED
U—
Le( unsel
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCUWlft CgWX; OSEGON
55
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.
* MARY SUE PENQLLOW
* COUNTY CLERK
*
*
ORDER NO. 99-178
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.
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 set forth in Exhibit "A," and under the
procedures set forth in Exhibit `B," attached hereto and by this reference incorporated herein upon
Page 1 — EXHIBIT "A" FOR ORDER NO. 99-178 (12/08/99)
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 8th day of December, 1999.
ATTEST:
Recording Secretary
BOARD OF COUNTY CO
DESCHUTFA CO
TOM
AL. S
Page 1 — EXHIBIT "A" FOR ORDER NO. 99-178 (12/08/99)
SSIONERS
Chair
R. LUKE, Commissioner
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
151329 -BB -00300
150730
140,000
171232 -CD -15500
151156
29,500
141328-00-01200
150404
225,000
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 December 8, 1999. The properties are more fully described in the
records of Deschutes County.
Page 1 — EXHIBIT "A" FOR ORDER NO. 99-178 (12/08/99)
EXHIBIT "B"
Pursuant to Order 98-161, the delayed exchange of real property 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 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
is determined by the Board as 8.2%. 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" FOR ORDER NO. 99-178 (12/08/99)
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