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2001-67-Order No. 2001-016 Recorded 2/9/2001VOL: CJ2001 PAGE: 67 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001-67 * Vol -Page Printed: 02/12/2001 14:58:27 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. 9, 2001; 1:04 p.m. Order (CJ) NUMBER OF PAGES: 6 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK (;i�'r WC�D FE-�bo� T,m BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTEfOUNTY, OREGON 0j FE 04 An Order Providing for Deschutes MQ' i SX11(11. County to Exchange Real Property COUNTY CLERK with Michele A. Hoffecker and Vernon S. Hoffecker, and Making the Required Findings. ORDER NO. 2001.016 WHEREAS, ORS 275.100 provides that Deschutes County may exchange real property when it deems such exchange to be in the best interest of Deschutes County; and WHEREAS, the Board of County Commissioners of Deschutes County did adopt Resolution No. 2000-096 providing for a hearing for the exchange of real property between Deschutes County and Central Oregon Irrigation District; and WHEREAS, said hearing was held on February 7, 2001; and WHEREAS, the Board of County Commissioners finds that the real property generally described herein, shall be equalized as to value by agreeing to exchange like properties that have been identified by both parties; and WHEREAS, all obligations set forth in the Exchange Agreement marked Exhibit "A", attached hereto and by this reference incorporated herein, are fulfilled or will be fulfilled by guidelines set forth by the County; and WHEREAS, the Board of County Commissioners finds that the exchange of the real property herein described 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. The real property to be transferred by Michele A. Hoffecker and Vernon S. Hoffecker is generally described as follows: Lot 7, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County, Oregon. The real property to be transferred by Deschutes County is generally described as follows: Lot 6, Block 14, OREGON WATER WONDERLAND, UNIT 2, Deschutes County, Oregon. PAGE 1 OF 2.ORDER NO. 2001-016 (2/07/2001) Section 2. That upon review and approval of title by the Deschutes County Property and Real Estate Manager the exchange of real property as referenced is hereby authorized. Section 3. The Deschutes County Legal Counsel is authorized to take those actions reasonably calculated to fulfill the referenced exchange. DATED this 7th day of February, 2001. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY. ORE(AON TOM D ,r ATTEST: DENNIS R. LUKE, Commissioner ------------------- Recording Secretary AEL M. DALY, Co missioner PAGE 2 OF 2.ORDER NO. 2001,016 (2/07/2001) EXHIBIT "A" — -- I:-1;lcVJ To FORM 1_ -A OUNSEL EXCHANGE AGREEMENT 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 1. 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 to 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 of-Ve 2000. BOARD OF COUNTY COMMISSIONERS OF DEWHUTES cou$ 'Y, OREGON , Chair ATTEST: 'DENNIS R. LU 0 , issiol Recording Secretary TOM EWOLF, Commissioner DATED this _/fes day of �, , 2000. I HELE A. HOFFECKER,/ VERNON S. HWFR S:Wroperty Mamgementymis\PROPERTY RU ATED\Exd=V\EKCHANGE HOFFECKER OW W.FRM.da PAGE 4 OF 4 - EXCHANGE AGREEMENT - HOFFECKER / COUNTY