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2001-446-Order No. 2001-057 Recorded 5/24/2001VOL: CJ2001 PAGE: 446 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02001-446 * Vol -Page Printed: 06/29/2001 10:50:33 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: 5 Lp� 0,., 0,-41� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEYPUNCHED af JUN 52001 (' S 2461 up q V44 . RE ED L A COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, 01� GON An Order Authorizing Sale Pursuant to Order No. * ;. 98-161 (Michael R. Hulsey). Byram Road and Bear * V -3 - Creek Road at Highway 20 Property. *" ORDER NO. 2001-057 WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a projectdescried 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, 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 DESC14UTES 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 �day of 2001. , BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, QREGON A ATTEST: Recording Secretary DENWLF, Chair R. LUKE, Commjssioner PAGE 1 OF - ORDER NO. 2001-057 (HULSEY) (05/15/01) DAL}% Commissioner EXHIBIT "A" LEGAL DESCRIPTION A tract of land located in the Southeast one-quarter of the Southwest one-quarter of Section 32, Township 17 South, Range 13 East, W.M., Deschutes County, Oregon, described as follows: All that certain tract of land as described in Volume 2000, Page 40579, Deschutes County Deed Records. TOGETHER WITH the following described tract of land: All that portion of Parcel 1, Minor Partition MP -92-5, Partition Plat 1992-51, CS11281, Deschutes County Records, located in the Southwest one-quarter of Section 32, Township 17 South, Range 13 East, W.M., Deschutes County, Oregon. (Tax Lot 17-13-32 No. 1103) PAGE 2 OF 2 - ORDERNO.2001-057 (HULSEY) (05/15/01) 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 8.5%. 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 2001-057 (05/15/2001) Michael R. Hulsey ' COVI 60759 Currant Way Bend, Oregon 97701 Phone (541) 385-9285 Fax (541) 385-3115 May 15, 2001 Deschutes County Board of Supervisors 1130 NW Harriman Bend, Oregon 97701 3. 4 Addendum to Agreement dated May 8, 2001 Lgreement to Purchase Bid Parcel 3 shall be amended to an increased purchase of $305,000.00 for the 109.30 acres of EFU land is subject to the following and conditions: The Earnest Money of $5,000.00 shall be increased by $25,500.00 within 5 days ©f the Deschutes County Planning Department issuing a Legal Lot of Record . ellir g Permit with Deschutes County signing as co -applicant. The $30,500.00 known as Earnest Money shall become the down payment at I lose of escrow. The balance of $274,500.00 shall be carried by Deschutes County in the form of a Note and Trust Deed amortized for 20 years with an interest rate of 85 per cent per annum. The monthly payments shall be $2,365.42 or more per month. The county Surveyor to mark and flag all corners of subject property4 cliuLng easements' _ V)C) Hulsey is a licensed Real Estate Broker in Oregon and is not being paid a fee in this transaction. Agreed: Tom DeWolf, Chair Deschutes Board of Supervisors T- CD 0 N LO T— C >-* O m INV8AA N O p a. (1) o 0 -�-+ 5 L6 gg D �j o aa�a Ef3M _0 cu -C ai U m f—I w2E•— / T- CD 0 N LO T— C >-* O M N O p a. (1) o 0 -�-+ 5 L6 5 �j N Ef3M _0 cu -C ai U m a) w2E•— — U i E O =a. Ca N •- >% C6 M m co a) T- CD 0 N LO T—