2001-145-Order No. 2001-038 Recorded 4/9/2001VOL: CJ2001 PAGE: 145
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-145 * Vol -Page Printed: 04/11/2001 08:32:39
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:
Apr. 9, 2001; 2:32 p.m.
Order (CJ)
NUMBER OF PAGES: 5
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
&BEY l!N HED
AP 2001
C,�al}�1-iris711EWIED
�LE OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order 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.
* 01 APs; _9 Pt, 2= 32
* COUNTY CLERK
*
ORDER NO. 2001-038
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. 2000-010 on January 26, 2000, 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
new Neighborhood Property in La Pine, Oregon, the new Archive Building at 1263 NW Division
Street, the new Health and Human Services Building, and the Rainbow House in Bend, Oregon,
and the Becky Johnson Community Campus in Redmond, Oregon (together referred to as the
"Project").
WHEREAS, property designated will be sold contingent upon acquiring an access
easement from the State of Oregon; and
WHEREAS, said hearing was held on March 22, 2000; 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 new Neighborhood Property in La Pine, Oregon, the new Archive
Building at 1263 NW Division Street, the new Health and Human Services Building, the
Rainbow House in Bend, Oregon, and the Becky Johnson Community Campus in Redmond,
Oregon (together referred to as the "Project").
PAGE 1 OF 2 - ORDER NO. 2001-03 8 (03/29/2001)
Section 2. That the real property described in Section 1 of this Order shall be exchanged
as a delayed exchange in accordance with DCC Chapter 11.08.
Section 3. That the properties 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 acting Deschutes County Property Manager is authorized to take those actions
reasonably necessary to implement this Order.
DATED this day of JYa , 2001.
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
ATTEST: /
� M1..�l y'uxw 1 . L
Recording Secretary
TOM DEWfW, Chair
D IS R. LUKE, Commissioner
MICHAEL M. DALY, Commissioner
PAGE 2 OF 2 - ORDER NO. 2001-038 (03/29/2001)
j
EXHIBIT "A"
The real property to be transferred by Deschutes County is generally described as follows:
Tax Lot /D
141106-00-00100
141107-00-00100
141107-00-00500
141107-00-00700
Serial No. Fair Market
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 28, 2001. The properties are more fully described in the records of Deschutes
County.
PAGE 1 - EXHIBIT "A" TO ORDER NO. 2001-038 (03/29/2001)
Value
150313
$538,930
151179
$ 85,250
149983
$ 89,250
150288
$413,981
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 28, 2001. The properties are more fully described in the records of Deschutes
County.
PAGE 1 - EXHIBIT "A" TO ORDER NO. 2001-038 (03/29/2001)
EXHIBIT "B"
The delayed exchange of real property under Order 00-102 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 with not less than 10 percent
(10%) of the proposal price as a down payment. 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 2001-03 8 (03/29/2001)
141107-00-00100
Minimum Bid $85,250
141107-00-00500
Minimum Bid $89,250
141107-00-00700
Minimum Bid $413,981
7
Fremont Canyon - West Parcels
Map printed 3/29/2001
1 141106-00-00100
1 Minimum Bid $538,930
1531 0 1531 3062 Feet
1:36755 Q
N