2001-6-Resolution No. 2000-096 Recorded 12/29/2000VOL: CJ2001
PAGE: 6
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
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. 29, 2000; 8:04 a.m.
Resolution (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW KEY UNC ED
DESCHUTES COUNTY CLERK JAN 2001
IAICROFILMED
JAN 7 2001
REVI vvED c ro FONNI
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE OUNTY,
OREGON
00 DEC 2sr AH 8: 04
A Resolution Declaring the Intention of Deschutes County
to Make an Exchange of Real Property with Michele A. Hoffecker '" C��� j Y CLand Vernon S. Hoffecker, Setting a Time and Place for Hearing EkK
Objections Thereto and Providing Notice.
RESOLUTION NO. 2000-096
WHEREAS, ORS 275.100 provides that the Board of County Commissioners
declare its intention to exchange real property by proper resolution; and
WHEREAS, a hearing shall be held for the purpose of receiving objections to the
proposed exchange of real property; and
WHEREAS, Deschutes County intends to exchange real property with Michele A.
Hoffecker and Vernon S. Hoffecker; and
WHEREAS, the parties may equalize values between the exchange properties by
means of cash payment; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
as:
Section 1. That Deschutes County intends to transfer the real property described
Lot 6, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County,
Oregon.
The land to be transferred by Michele A. Hoffecker and Vernon S. Hoffecker is described as follows:
Lot 7, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County,
Oregon.
Section 2. A hearing for the purpose of receiving objections to the above land trade will be
held at 10:00 a.m. on Wednesday, February 7, 2001, in the Board of County Commissioners' Hearing
Room, 1130 NW Harriman Street, Bend, Oregon.
Section 3. That the Clerk of the County Court shall give notice of the time and place for the
hearing set in Section 2 of this Resolution by publication of the notice marked Exhibit "A," attached
hereto and by this reference incorporated herein, in "The Bulletin" once each week for four
consecutive weeks prior to the date of such hearing.
PAGE 1 OF 3, RESOLUTION NO. 2000-096 (12/27/2000)
----------------
DATED this 27th day of December, 2000.
ATTEST:
-- —� ------------------
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESQHUTES COI,jN*, OREGON
G
PIP
DEWOLF, Commissioner
PAGE 2 OF 3 - RESOLUTION NO. 2000-096 (12/27/2000)
EXHIBIT "A'
PUBLIC NOTICE
On Wednesday, February 7, 2001, at 10:00 a.m. in the Board of County Commissioners'
Hearing Room, 1130 NW Harriman Street, Bend, Oregon, the Board of County Commissioners of
Deschutes County, Oregon, will hold a hearing on an exchange of real property from Deschutes
County to Michele A. Hoffecker and Vernon S. Hoffecker. The real properties to be transferred by
Deschutes County is described as follows:
Lot 6, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County,
Oregon.
The real property to be transferred by Michele A. Hoffecker and Vernon S. Hoffecker is described as
follows:
Lot 7, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County,
Oregon.
Any person may appear and make objections to the proposed exchange.
DATED this 27th day of December, 2000.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LINDA L. SWEARINGEN, Chair
To be posted: January 5, 2001
To be published: January 10, 17, 24 and 31, 2001
PAGE 3 OF 3 - EXHIBIT "A" TO RESOLUTION 2000.096 (12/27/2000)
EXCHANGE AGREEMENT
REVIEVITO MRM
L. ' -.At OUNSEL
DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as
"COUNTY" and, Vernon S. Hoffecker and Michele A. Hoffecker, as tenants by the entirety,
hereinafter referred to as "HOFFECKER," herein acknowledge the intent to exchange real property
for equal value and respectively acknowledge and agree as follows:
RECITALS
COUNTY is the owner of the real property in 201119 -CO -14200, more particularly described
as Lot 6 Block 14, Oregon Water Wonderland Unit No. 2.
Hoffecker has requested that the COUNTY exchange the above described real property in
exchange for real property of like value currently owned by Hoffecker, more particularly
described as Lot 7 Block 14, Oregon Water Wonderland Unit No. 2.
AGREEMENT
SCOPE. This Agreement shall serve as the basis of understanding between the parties as
each works to facilitate an exchange of real property. As part of this agreement, it is
understood that HOFFECKER placed a single family dwelling on COUNTY property
without permission from the COUNTY. The subject Agreement shall not constitute a legally
binding agreement to sell, convey or transfer real property, but shall provide the terms of
exchange in the event that the exchange is authorized by each party.
2. HOFFECKER OBLIGATION. HOFFECKER shall be responsible, in addition to costs and
fees set forth elsewhere in this agreement, for any and all costs associated with the exchange,
including, but not limited to, (1)contracting with a licensed surveyor to locate the property
corners of the exchange properties, (2)contracting to have their parcel thinned of bitter brush
and other vegetation to reduce wild fire hazards, (3)payment of the annual property taxes
owing for the HOFFECKER property, (4)all closing costs incurred relating to this exchange,
(5)administrative costs reflected by staff time spent on the exchange.
3. COUNTY OBLIGATION. COUNTY will advance the cost for any publication of required
public notices. COUNTY will be reimbursed at closing for any costs incurred.
4. TERM. The parties hereby agree to act in good faith in all dealings related to this exchange
and shall not take, except in the normal course of business, any actions for a period of 180
days following the date of this Agreement, which will create, establish or renew any new
contractual obligations, leases, liens, encumbrances or clouds on the title of the real
properties identified in the Recitals. This agreement shall terminate upon the closing of the
exchange of real property.
5. LEGISLATIVE PROCESS. The parties recognize and acknowledge that the proposed
exchange is subject to legislative process pursuant to ORS 275.100 and that prior to any
binding commitment to exchange, the Board of County Commissioners is required by statute
to adopt a public resolution announcing the COUNTY's intentions, publish notice for the
PAGE 1 OF 4 - EXCHANGE AGREEMENT - HOFFECKER / COUNTY
statutory period, conduct a public hearing and adopt an order making certain findings and
authorizing the exchange. The parties herein waive any claims against the COUNTY for
damages or other costs incurred in preparation or anticipation of exchange, in the event that
the Board of County Commissioners decline to complete this exchange. Furthermore,
HOFFECKER herein agrees to indemnify, defend and save harmless, COUNTY, its officers,
agents and employees from any and all claims, suits, actions, damages, costs, losses and
expenses brought or filed on behalf of any third party with whom HOFFECKER has
contracted to acquire real property in anticipation of the aforementioned land exchange. The
phrase "preliminary confirmation of interest" as utilized herein, refers to a conditional
confirmation that the proposed exchange property appears to qualify for exchange, but shall
not constitute a binding or enforceable commitment to exchange real property.
6. IDENTIFICATION OF REAL PROPERTIES. To facilitate a possible exchange that would
include real property, the COUNTY will identify and exchange property of like value that
is agreed upon with HOFFECKER. After exchange properties are identified and agreed upon
by HOFFECKER and the COUNTY, the exchange process will be initiated by the
COUNTY.
7. BASIS OF EXCHANGE. The parties hereby agree that exchange and equalization shall be
on the basis of market data and recent sales of similar properties within the Oregon Water
Wonderland Subdivision. It is agreed that both properties, being adjacent, are of equal value.
8. EQUALIZATION. The parties contemplate that land values shall be equalized for the
purpose of exchange by an exchange of property.
9. APPRAISAL COSTS. The parties hereby agree that if an appraisal is necessary to determine
that values of the subject properties, HOFFECKER will be responsible for the cost.
10. DEEDS. The subject real properties shall be conveyed by Bargain and Sale Deeds.
COUNTY shall prepare and forward said deeds for review and approval of the parties. The
parties acknowledge and agree that all lands are to be conveyed without survey as to acreage
boundaries or encroachments.
11. CLOSING. The parties further agree that the exchange be closed in escrow at First American
Title, escrow and closing costs to be paid by HOFFECKER, including the cost of providing
title insurance on the subject real properties. COUNTY will prepare and deliver the Bargain
and Sale Deeds to the escrow company.
12. BROKERS COMMISSIONS. Each party agrees to indemnify and hold harmless the other
against the claims and demands of any broker who asserts that the indemnitor has retained
such broker in connection with such transaction.
13. ENTRY. The parties hereby agree that each party shall have the right to enter upon the real
property of the other party to inspect, test, sample, survey, cruise or otherwise evaluate real
properties subject to this exchange. Any entry authorized herein shall be made with advance
notice to the other party, in a reasonable manner, so as to avoid disturbing the owners quiet
enjoyment of the real property. The cost associated with any inspections, testing, sampling,
surveying, cruising or other evaluation shall be the sole responsibility of HOFFECKER.
PAGE 2 OF 4 - EXCHANGE AGREEMENT - HOFFECKER / COUNTY
14. PERSONAL PROPERTY. Real properties transferred herein shall be transferred free of any
personal property of the transferor. Personal property remaining on the real property being
transferred to the COUNTY following closing shall be deemed abandoned and subject to
disposal at without notice. Any disposals fees relating to the removal of personal property
will be paid by HOFFECKER.
15. TAXES. All real property taxes and assessments, if any, for the tax year in which closing
occurs shall be paid in full by HOFFECKER at the time of closing. If taxes are not yet
assessable for the current tax year at the time of closing, the escrow officer is authorized to
estimate the taxes.
16. LEASES. Each real property shall be conveyed free of leases and other encumbrances as of
the date of closing.
17. SOLID WASTE. Prior to closing, it shall be the responsibility of HOFFECKER to clear real
property of solid waste or other accumulations of man made debris.
18. AUTHORIZATION TO BIND PRINCIPALS. The signatories to this Agreement covenant
that they possess the legal authority to bind their respective principals to the terms,
provisions and obligations contained within this Agreement.
19. LITIGATION FEES AND EXPENSES. In the event an action, suit or proceeding, including
appeal therefrom, is brought for failure to observe any of the terms of this Agreement, each
party shall be responsible for their own attorney's fees, expenses, costs and disbursements
for said action, suit, proceeding or appeal.
20. PARTNERSHIP. COUNTY is not by virtue of this Agreement a partner or joint venturer
with HOFFECKER in connection with activities carried on under this Agreement, and
neither HOFFECKER nor COUNTY shall have any obligation with respect i;o the other
party's debts or any other liabilities of each and every nature.
21. AGENCY. It is agreed by and between the parties that neither party is carrying out a function
on behalf of another, and neither party has the right of direction or control of another party
operation under this Agreement or exercise any control over the activities of the other party.
22. LAND USE PERMITS. This Agreement does not constitute a land use permit, nor does
acceptance of this Agreement constitute approval of any legislative or quasi-judicial action
required as a condition precedent to use of the land for the intended purpose.
23. APPLICATION FOR LAND USE PERMITS. During the term of this Agreement, COUNTY
and HOFFECKER will not file for any land use applications on the real property being
exchanged.
24. TIME IS OF THE ESSENCE. Time is of the essence of each and every provision of this
Agreement.
25. SEVERABILITY. The parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be illegal or in conflict with any law, the
validity of the remaining terms and provisions shall not be affected, and the rights and
PAGE 3 OF 4 - EXCHANGE AGREEMENT - HOFFECKER / COUNTY
obligations of the parties shall be construed and enforced as if the Agreement did not contain
the particular term or provision held to be invalid.
26. INTEGRATION, AMENDMENTS. This Agreement contains the entire agreement between
COUNTY and HOFFECKER and statements, promises or inducements made by the parties
or agents of the parties shall not be valid or binding unless herein contained in this written
Agreement. HOFFECKER may enter into its own agreements, but shall not involve or
otherwise obligate COUNTY in these agreements. This Agreement may not be modified or
changed except by agreement in writing signed by and between parties.
COUNTY: DATED this day oae2000.
BOARD OF COUNTY COMMISSIONERS
OF DEWHUTES COUP TY, OREGON
GEN, Chair
ATTEST: / 'DENNIS R. LUK 66m'issioi
Recording Secretary TOM EWOLF, Commissioner
DATED this -n— day of � C, y , 2000.
I HELE A. HOFFECKER
VERNON S. HOF ER
SAProperty Management\jim'APROPERTY RELATEO\ExchangeTXCHANGE HOFFECKER OW W.FRM.doc
PAGE 4 OF 4 - EXCHANGE AGREEMENT - HOFFECKER / COUNTY