2000-124-Order No. 2000-045 Recorded 3/9/2000VOL: CJ2000 PAGE: 124
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-124 * Vol -Page Printed: 03/23/2000 09:43:22
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: 5
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C
An Order Amending Order 99-164
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.
ORDER NO. 2000-045
WHEREAS, Order 99-164 is amended to read as set forth herein.
REVIEW
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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
PAGE 1 OF 2 - ORDER NO. 2000-045 (03/1/2000)
as a delayed exchange in accordance with DCC Chapter 11.08.
Section 3. That the property 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 1 st day of March, 2000.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
DES TES COUN OREGON
NDA L. S W E , Chair
TOM DEWOLF, Commissioner
vot'm- - X20 —
DENNIS R. LUKE, Commissioner
PAGE 2 OF 2 - ORDER NO. 2000-045 (03/01/2000)
EXHIBIT "A"
The real property to be transferred by Deschutes County is generally described as follows:
Tax Lot /D Serial No. Fair Market
Value
151117-00-00100
150471
330,000
141132-00-01500
150322
285,000
151105-00-00200
150493
171101-00-00800
150914
480,000
171101-00-00900
150913
171101-00-01000
150912
171230 -AB -02200
151027
1.7 million
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 March 1, 2000. The properties are more fully described in the records of Deschutes County.
PAGE 1 - EXHIBIT "A" TO ORDER NO. 2000-045 (03/01/2000)
EXHIBIT "B"
Pursuant to Order 98-161, the delayed exchange of real property shall be as follows:
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.
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 I - EXHIBIT "B" TO ORDER 2000-045 (03/01/2000)
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