2000-123-Order No. 2000-046 Recorded 3/9/2000VOL: CJ2000 PAGE: 123
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-123 * Vol -Page Printed: 03/23/2000 09:40:46
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:
Mar. 9,2000; 1:23 p.m.
Order (CJ)
NUMBER OF PAGES: 4
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
1 ,� 2 2000
I�
LEG NVL
0
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTlRiSREN
C- v1
C t
An Order Authorizing Sale Pursuant to Order No.
98-161, Awbrey Butte Property.
ORDER NO. 2000-046 7K N
o w
WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a projecY�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);
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 Board offered the real property for sale by sealed bid, no bids to purchase the property
were received during the bid period, and
WHEREAS, the Board has determined that the market value of the real property is 1.6 to 2.1 million
dollars based on the advice of its Real Estate Broker of Record; and
WHEREAS, the Board has received an offer of 1.7 million dollars for the real property; and
WHEREAS, the Board hereby exempts the sale of the real property from the competitive proposal
process and accepts an offer to purchase of $1.7 million dollars for the property described in Exhibit "A" as an
offer to be in the public interest; 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 DESCHUTES 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 to OREGON PUBLIC BROADCASTING,
INC., SEQUOIA COMMUNICATIONS, INC., COMBINED COMMUNICATION, INC., BEND BROADCASTING, LLC,
WESTERN RADIO SERVICES, INC., AMERICAN TOWER CORPORATION, AND COWAN BROADCASTING 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, conditions and contingencies be addressed, and earnest money be held
at a title company agreeable to the County 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 is authorized to sign the deed and all necessary closing
documents.
PAGE 1 OF 2 - ORDER NO. 2000-046 (AWBREY BUTTE PROPFR'ITY) (03/01/2000)
DATED this day of/ V (f(%Z (L , 2000.
ATTEST: ��,.� //��//
l�i� (fw'Q/L--
Recording Secretary
BOARD OF COUNTY CO ISSIONERS OF DESCHUTES
COU T REGON
DA L. S W--EAIING hair
TO WOL ; Com saner
LV9 k -`20
DENNIS R. LUKE, Commissioner
PAUL" 2 OP 2 - ORDER NO. 2000-046 (AWBRF,Y BUTTE. PROPERTY) (03/01/2000)
EXHIBIT "A"
LEGAL DESCRIPTION
The South Half of the Northwest Quarter of the Northeast Quarter (SI/2 NWIA NEI/4) of Section 30,
TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon,
and that portion of land conveyed by Brooks Resources Corporation as described in Volume 265 Page 317 Record
of Deeds of Deschutes County, Oregon.
Except those portions of land conveyed By Deschutes County as described in Volume 117 Page 10 and Volume
265 Page 464 Record of Deeds of Deschutes County, Oregon.
Excepting also that portion retained by Deschutes County pursuant to a partition plan and that portion owned by the United
States of America.
PAGE 1 - 1:X1 m3r1' "A" 7'O ORDfiR NO. 2000-046(03/01/2000)
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%. 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 2000-046 (03/01/2000)