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2002-1031-Order No. 2002-097 Recorded 7/10/2002REVIEWED LEG DESCHUTESMARY SUE P COUNTY OFFICIAL RECORDS n COMMISS ONERS' JOUENNOLLOWRNALUNTY CLERK CJ 1001.1031 07/10/100103;11;18 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Amending Order No. 98-161, Adding an Additional Property, Located At Butler Market Road, East of Bend, to the Project. Order No. 98-161 provided 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. ORDER NO. 2002-097 WHEREAS, Order No. 98-161, established that ORS 271.340 and 275.100 and Deschutes County Code (DCC) Chapter 11.08 provided 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. 98-122 on October 28, 1998, 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 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, said hearing was held on December 16, 1998; 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 Order No. 98-161 be amended to include the real property generally described in Exhibit "A," attached hereto and by this reference incorporated herein. PAGE 1 OF 2 - ORDER NO. 2002-097 (7/3/2002) Section 2. That the real property generally described in Exhibit "A," be available to be exchanged by Deschutes County for the 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). Section 3. 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 4. That the property eligible under this Order for a delayed exchange to acquire the Project shall be available for not less than fair market value under the procedures set forth in Exhibit `B" and "C," attached hereto and by this reference incorporated herein upon further order of the Board. Section 5. 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. 1 44 - DATED this 16 `qday of July, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, ORF-GON TOM DEAF, Chair SR.L 000, Recording Secretary M HAEL DALY, PAGE 2 OF 2 - ORDER NO. 2002-097 (7/3/2002) EXHIBIT "A" The real property to be transferred by Deschutes County is generally described as follows: Tax Lot ID Serial No. Fair Market Value 171223 -CB -00290 188881 21,400 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 July 3, 2002. The properties are more fully described in the records of Deschutes County. PAGE 3 - EXHIBIT "A" TO ORDER NO. 2002-097 (7/3/2002) 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. Proposals may be for cash or for note and trust deed not to exceed 20 years with not less than 15 percent (15%) of the proposal price as a down payment. Interest is determined by the Board as 8.2%. All proposals must be accompanied by a deposit of 15 percent (15%) 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 4 - EXHIBIT "B" TO ORDER 2002-097 (7/3/2002) EXHIBIT �--- Tammy Credicott From: Lane Thomas Sent: Monday, July 01, 2002 11:41 AM To: Tammy Credicott Subject: FW: 171223 CB 00290 DESCHUTES COUNTY -----Original Message ----- From: Lane Thomas Sent: Thursday, June 27, 2002 8:34 AM To: Theresa Maul Subject: 171223 CB 00290 DESCHUTES COUNTY June 27, 2002 Theresa You requested the RMV for the Tax Lot listed below: ASR INQ Serial: 188881 Acct: R 1-001 171223 CB 00290 DESCHUTES COUNTY Prop Cls:950 MA:3 VA:35 Asmt Zone:RS CDD Zone:BEND (CITY OF BEND) NON -ASSESSABLE "** Land Values *** ASMT TYPE ACRES R.M.V S.A.V. UL 0.42 11,550 0 R.M.V. M.A.V. S.A.V. M.S.A.V. A.V. RMV/Excpt Acct Total 11,550 0 0 0 0 0 --------2002-------- --------2001-------- ---------2000-------- Total Taxable Total Taxable Total Taxable RMV A.V. RMV A.V. RMV A.V. LND: 11,550 11,550 11,550 Factor Book: Land: 1995 Appraisal Year: Land: 1996 The current RMV for the 2002/2003 tax year is: UT @ .42 AC @ $51,000. PER ACRE =$21,400 LANE THOMAS 1 Z> U) w U U) w D BUTLER MKT RD 6 Q171223CB00290 w z O J w U- FLAGSTONE AVE J Q z U) Butler Market Parcel 105 0 105 210 Feet 171223 -CB -00290 Cv pp T EXHI®A ! I,� 1:2519 Q Map printed 7/03/2002 N