2000-98-Order No. 2000-034 Recorded 2/25/2000VOL: CJ2000 PAGE: 98
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-98 * Vol -Page Printed: 03/06/2000 08:04:39
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:
Feb. 25, 2000; 10:03 a.m.
Order (CJ)
NUMBER OF PAGES: 4
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEYP OED
MARS - 0 2000
LREV'IEVVED
FORM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES ,REGON
An Order Authorizing Sale Pursuant to Order No. * o
98-161 (CSJ Enterprises). First and Olney Property. * n,,,' o
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ORDER NO. 2000-034 z c
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WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a prate dewibed as
the Health and Human Services Building in Bend, Oregon, the Becky Johnson Commun:i Cff�pus in
Redmond, Oregon, and 1031 N.E. Penn Avenue, Bend, Oregon (Project); �
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WHEREAS, the Board has considered the sale of the property described in Exhibit "A" attached hereto
and by this reference incorporated herein, to the parties and under the terms set forth in Exhibit `B";
WHEREAS, the competitive bid for the property described in Exhibit "A" was the highest bid
accepted, meeting all criteria set forth in the sealed bid process; and
WHEREAS, the Board of County Commissioners finding that the transfer is for not less than fair
market value, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the real property described in Exhibit "A," attached hereto and by this reference
incorporated herein, be sold and transferred pursuant to Order 98-161 for the acquisition of the Project
described above.
Section 2. That upon review and approval of title by the Deschutes County Legal Counsel, that an
earnest money agreement be completed and held until closing.
Section 3. That upon review and approval of title by the Deschutes County Legal Counsel, a deed
transferring the property is authorized and the Chair and legal counsel is authorized to sign the deed and all
necessary closing documents.
DATED this day ofqt1j,'),&0i-12000.
F
BOARD OF COUNTY COMMISSIONERS OF DESC14UTES
SWEARINGEN, Chair
ATTEST: DENNIS R. LUKE, Commissioner
Recording Secretary TOM'I EWOLF, Com loner
PAGE 1 OF 2 - ORDER NO. 2000-034 (CSJ ENTERPRISES) (2/23/00)
Exhibit "A"
That portion of the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section 32, Township 17 South,
Range 12 East of the Willamette Meridian, Deschutes County, Oregon, described as follows:
Beginning at a point 200 feet South of the Northeast comer of said Section 32; thence South 200 feet; thence West
400 feet; thence North 200 feet; thence East 400 feet to the true point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Bend by Deed recorded March 1, 1957, in Volume
115, Page 423, Deed Records, Deschutes County, Oregon, described as follows:
Beginning at a point which is 400 feet Southerly from the Northeast comer of said Section 32 and 200 feet Westerly
from the East line of said Section 32; thence Westerly 200 feet; thence Northerly 10 feet; thence Easterly 200 feet;
thence Southerly 10 feet to the point of beginning.
ALSO EXCEPTING THEREFROM that portion dedicated to the public by Declaration of Dedication recorded
March 8, 1996, in Volume 402, Page 971, Official Records, Deschutes County, Oregon, described as follows:
Commencing at the #4 rebar monumenting the Northwest comer of said Tract 11, LY ME ACRES, an unrecorded
subdivision; thence along the West property line of said Tract 11, South 00°31'52" East, 178.07 feet to a 95 rebar
with an aluminum cap stamped "Deschutes County Public Works" monumenting the intersection of said West line
with the new 40.00 foot Northerly right of way line of Olney Avenue, the Point of Beginning; thence leaving said
West line and along said 40.00 foot right of way line South 890 57' 12" East, 106.58 feet to a #5 rebar with an
aluminum cap stamped "Deschutes County Public Works"; thence 79.76 feet along the arc of a 210.00 foot radius
curve to the left, the long chord of which bears North 790 09' 55" East, 79.29 feet to a #5 rebar with an aluminum cap
stamped "Deschutes County Public Works"; thence North 68° 17' 02" East, 8.56 feet to a #5 rebar with an aluminum
cap stamped "Deschutes County Public Works" monumenting the intersection of said 40.00 foot right of way line
with the East property line of said Tract 11; thence leaving said 40.00 foot right of way line and along said East line
South 000 25' 10" East, 30.13 feet to the existing 28.00 feet North right of way line of Olney Avenue; thence leaving
said East line and along said 28.00 foot right of way line, North 89° 57' 23" West, 192.51 feet to the West line of said
Tract 11; thence leaving said 28.00 foot right of way line and along said West line North 00° 31' 52" West, 12.00 feet
to the Point of Beginning.
ALSO EXCEPTING THEREFROM that portion conveyed to the City of Bend by Warranty Deed recorded May 12,
1989 in Volume 184, Page 310, Official Records, Deschutes County, Oregon, described as follows:
Commencing at the Northeast comer of said Section 32; thence along the East section line of said Section 32 South
00029'33"East, 200.06 feet to the Northeast comer of Tract 12 and the true point of beginning; thence following said
East section line South 00°29'33" East, 200.00 feet to the Southeast comer of Tract 12; thence along the South line of
Tract 12 North 89'55'14" West, 199.79 feet to the Southwest comer of Tract 12; thence along the West line of Tract
12 North 00°30'06" West, 10.00 feet; thence leaving said West line North 89055'14" West, 7.28 feet; thence North
00023'53" West, 2.00 feet; thence South 89055'14" East, 192.06 feet; thence North 00029'33" West, 188.00 feet;
thence South 89'55'14" East, 15.00 feet to the True Point of Beginning.
ALSO EXCEPTING THEREFROM that portion conveyed to the City of Bend by Warranty Deed recorded
November 20, 1997 in Volume 470, Page 1690, Official Records, Deschutes County, Oregon, described as follows:
Beginning at a 5/8" rebar with plastic cap marked "SCE&S" on the adjusted property line between said Tracts 11 and
12 as shown on those maps on file with the Deschutes County Surveyor as CS 08043 and CS 12523; thence along the
adjusted West line of said Tract 12, North 00°24'29" West, 28.05 feet to a 2" aluminum cap marked "Deschutes
County Public Works'; thence leaving said West line along a course parallel with and 40.00 feet Northerly of the
future centerline of Olney Avenue as shown on said CS 12523, North 68°17' 13" East, 91.70 feet to the beginning of
a tangent 290.00 radius curve to the right; thence along said curve through a central angle of 21°3123", an arc length
of 108.94 feet (the chord of which bears North 79°02'55" East, 108.30 feet) to the East line of said Tract 12 and the
West right of way of 2nd Street; thence along said East line and West right of way South 00°30'30" East, 40.00 feet
to a 2" aluminum cap marked "Deschutes County Public Works" on the centerline of Olney Avenue; thence
continuing on the same course, South 00°30'30" East, 40.00 feet; thence leaving said East line and West right of way,
South 89°54'51" West, 0.06 feet to the beginning of a tangent 210.00 foot radius curve to the left thence along said
curve through a central angle of 09°03'09", an arc length of 33.18 feet (the chord of which bears South 85023'16"
West, 33.15 feet) to the South line of said Tract 12 as shown on said maps; thence along said South line, North
89057'23" West, 158.92 feet to the point of beginning.
ALSO EXCEPTING THEREFROM that portion conveyed to Cascade Heating and Specialties, Inc., by Warranty
Deed recorded April 4, 1989, in Volume 181, Page 1618, Official Records, Deschutes County, Oregon, described as
follows: .
Commencing at the Northeast comer of said Section 32; thence along the East section line of said Section 32 South
00029'33"East, 200.06 feet to the Northeast comer of Tract 12; thence leaving said East section line and along the
North line of said Tract 12, North 89°55' 14" West, 15.00 feet to the true point of beginning; thence North 89055'14"
West, 191.75 feet; thence South 00023'53" East, 4.67 feet to the center of a common wall in an existing building;
thence along the center of said common wall South 00023'53" East 115.24 feet; thence leaving said common wall
continuing South 00023'53" East, 68.09 feet; thence South 89°55'14" East, 192.06 feet; thence North 000 29'33"
West, 188.00 feet to the true point of beginning.
EXHIBIT "B"
SELLER'S COUNTER OFFER
The Oregon Real Estate Agency has reviewed this form for compliance with the applicable provisions In ORS.696 and finds that It complies with those provisions.
Re: Real Estate Sale Agreement No. $6024 Dated Dec 7, 1999 2
Seller: 4,) DESCHUTES COUNTY
3
Buyer: CSJ ENTERPRISES LLC
The real property described as: 1506 NE 1st Street Bend OR 97701
5
e
Seller agrees to sell the real and personal property specified in Buyer's offer on the terms and conditions in Buyer's offer, except as 7
frtodified below: i.
Purchase price to be $416,000 with $41,600 down payment at closing (including the
$5.000 earnest money) and the balance of 374,400 payable at $3,179.00 per month
including 8.2% interest. No Drepavment penalty. - —
zuuu. vossession
Purchaser is aware
area excavated and
nat yellers
ecommission
�:_apprnvA,_wp i 1 IVC ku) uaya u1 acceptance. For additional provisions, see Addendum
AGREEMENT TO SELL: iv"ceo`=S %r'5rtTo Q"n"J TO 6E- E -r""blrb -'>rO SPK t1—tS—qq, QOVr�t`,his All provisions of the Buyer's offer except those modified herein are approved and accepted by Seller. Time is of the essence
counter offer. This counter offer shall automatically expire on Date December 10,99A.M. 5 P.M., if not accepted within that tim ,
However, Seller may withdraw this counter offer any time prior to written acceptance. 22
If Buyer accepts Seller's counter offer, Seller agrees to pay to the Selling Firm, or if this is a co-op transaction, the Listing Firm, the sum 23
of $ 29 ,120.00 for professional real estate services rendered in this transaction. Seller authorizes Listing Firm to order a preliminary 24
title report and title insurance at Seller's expense and further authorizes escrow to pay out of the cash proceeds of sale the expenses of 25
furnishing title insurance, Seller's recording fees, Seller's closing costs and any encumbrance on the property payable by Seller on or 28
before closing. Seller is a U.S. citizen unless otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement). 27
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER ,
OFFER, WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any 29
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein 30
provided, the earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check 3,
one) ❑ First to the Listing Firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue 32
to Seller; or ° t seller
33
Seller Signature Date
Seller Signature Date A.M. P.M. 35
AGREEMENT TO PURCHASE:
Buyer accepts Seller's counter offer.
❑ Buyer rejects Sg)!v s counter offer:
Buyer Signature
X Buyer Signat re
3e
37
❑ Buyer makes the attached counter offer. 38
Date /1-8 –pq V99-0 A.M. P.M. 3s
1�-- - Dater— 99 roc-A.M. P.M. w
SELLER'S ACKNOWLEDGMENT: 41
Seller acknowledges recel t 9f copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Seller has fully read 42
and understand 1 .3
Seller Signature
Seller Signature
f M
Date dS
A.NP_P.M. .5
Date A.M. P.M. 46
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer is changed by Seller's counter offer). +7
Selling firm acknowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of $ evidenced 09
by ❑ cash, ❑ check, ❑ promissory note payable on or before which selling firm agrees to handle as provided in the 49
Agreement. Selling Licensee's signature_ so
Listing Licensee Steve Scott
Listing Firm Broker's Initials/Date _
®, 1997, No portion may be reproduced withoA
Oregon Real Estate Forms, LLC, a wholly-owned
and Oregon Associations of REALTORS®
OREF 003 111197 SELLER'S COUNTER OFFER
REALTOR'S COPY
Selling Licensee Tim Clarke
Selling Firm Broker's Initials/Date
of the Eugene, Portland Metropolitan
5,
52