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2001-442-Order No. 2001-060 Recorded 5/24/2001VOL: CJ2001 PAGE: 442 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2001-442 * Vol -Page Printed: 06/29/2001 10:40:51 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: May. 24, 2001; 12:04 p.m. Order (CJ) NUMBER OF PAGES: 4 ,V � 0'. , P'. /. /� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK IT KEYPUNCHED JUN 15 2001 REVIEWED L A COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Authorizing Sale Pursuant to Order No. 98-161 (Michael Scannell). Deschutes Market Road Parcel. ORDER NO. 2001-060 < WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a project describAteas the Health and Human Services Building in Bend, Oregon, the Becky Johnson Community " Campus Qr 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 competitive bid for the property described in Exhibit "B" was the highest bid accepted, meeting all criteria set forth in the sealed bid process; 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 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 and held 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. ,,� DATED this ,qday of 2001. BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, QREGON ., TOM PVOLF, Chair ATTEST: TENNIS R. LUKE, Commissioner Recording Secretary MlCftAEf M. DAL ,Commissioner PAGE 1 OF 2 - ORDER NO. 2001-060 (SCANNELL) (05/23/01) EXHIBIT "A" LEGAL DESCRIPTION The SE'/4 of the SW'/4 of Section 35, TOWNSHIPI6 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon. PAGE 2 OF 2 - ORDER NO. 2001.-060 (SCANNELL) (05/23/01 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 9.15%. 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 2001-060 (05/23/2001) W z J � M Z1,oNi 0, ",.pis'' 0 N M N t O ♦V� O O ■w O i■i� c C) M w L cu r" cu V O A V cn cn�..� N cu cu to 0 c co W z J � M Z1,oNi 0, ",.pis'' 0 N M N t