2002-1058-Order No. 2002-101 Recorded 7/24/2002DESC
COUNTY OFFICIAL
MARYHSUESPENHOLLOW, COUNTYCLERK1+d 2
00201058
COMMISSIONERS' JOURNAL 07/24/1002 03;13;53 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Sale Pursuant to Order No. 98-161
(Leonard T. Haaby). Butler Market Sliver Parcel, .42
Acres.
ORDER NO. 2002-101
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 property described in Exhibit "A" was offered for sale through the County's Real Estate Agent of
Record; and
WHEREAS, an offer to purchase the exchange property was received; 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 autorized and the Chair is authorized to sign the deed and all necessary closing documents.
DATED this J--- day of , 2002.
BOARD OF COUNTY COMMIS IONERS OF DESCHUTES
COUNTY, ORE ON
TOM DEWOLF, Chair
ATTEST:
Recording Secretary
-- %oU - 1/3
DENNIS R. LUKE, Conum ner
CHAEL M. DACy,
Co issioner
PAGE 1 OF 2 - ORDER NO. 2002-000 (LEONARD T. HAABY) (07/18/02)
EXHIBIT "A"
LEGAL DESCRIPTION
TAXLOT: 171223 -CB -00290
SIZE: .42 Acres
A strip of land, 25 feet in width along the East line of the NW '/4 SW '/4 of Section 23 from the Northeast
corner of this tract to the Butler Market Road at the Northeast corner of NW '/4 SW '/4 Section 23.
(Legal Description to be reviewed by Surveyor Prior to Deed Recording)
PAGE 2 OF 2 - ORDER NO. 2002-000 (LEONARD T. HAABY) (07/18/02)
J
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, or when deemed
necessary by the Board of County Commissioners, 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 2002-101 (07/18/2002)