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2001-464-Order No. 2001-062 Recorded 6/7/2001VOL: CJ2001 PAGE: 464 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2001-464 * Vol -Page Printed: 06/29/2001 12:55:16 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: Jun. 7, 2001; 2:38 p.m. Order (CJ) NUMBER OF PAGES: 4 Lv� 0" 0,-/-� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 1%vP NCHEo JUIV 15 2001 C BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Order Authorizing Sale Pursuant to Order No. 98-161 (Prewitt, Sporalsky & Cummins). Waugh Road excess property, 40 Acres, to be lot line adjusted into adjacent owner's properties. ORDER NO. 2001-062 01 JUN -7 PH 2:.38 MA fit' .COUNTY CLERK, WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a project described 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 "A" 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, an acceptance for each deed or other document relating to this matter shall be signed by Deschutes County Commissioners or its chair without further action by the Board of County Commissioners. The Deschutes County Property Manager is authorized to sign all other documents necessary to close this transaction in escrow. DATED this 6y:�day of 2001. 67 - BOARD OF COUNTY COMM SIONERS OF DESCHUTES COUNTY, OREGON TO D , Chair 2� ATTEST: IVNNIS R. LUKE omm 8fioner —&A(cd— Recording Secretary MICHAEL M. DALY, Commissioner PAGE 1 OF 2 - ORDER NO. 2001-062 (PREWITT, SPORALSKY & CUMMINS) (05/24/2001) EXHIBIT "A" LEGAL DESCRIPTION The Southeast Quarter of the Northwest Quarter (SE '/4 NW '/4 ) located in Section 21, Township 17 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon. *To be later described after lot line adjustment. PAGE 2 OF 2 - ORDER NO. 2001-062 (PREWITT, SPORALSKY & CUMMINS) (05/24/2001) EXHIBIT "B" Pursuant to Order 98-161, the delayed exchange or 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. 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- 062 (05/24/2001) YI n L— L) Q O 1t' cii O O O U O X O W psi ■'�,� �'* � I gr �r aj YI n L— L) Q O 1t' cii O O O U O X O W