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2002-1222-Resolution No. 2002-091 Recorded 10/1/2002R.EVI WED LEGAL. COUNSEL COUNTY OFFICIAL MARY HSUESPENHOLLOW, COUNTYRCLERKS CJ 2002'1222 COMMISSIONERS' JOURNAL 10101INUZ 03;11;16 PM 20020012220 Por Recoramg >tamp ,)niy BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A. Resolution Decl.arin.g the Intention of Deschutes County to Exchange Real Property with the State of Oregon, Department of Transportation., Setting * RESOLUTION NO. 2002-091. a .H. eanng for the Purpose of Hearing Objections to the Transfer and Providing Notice. WHEREAS, ORS 275.100 provides that the Board Of County Commissioners shall declare its intention. to exchange real property by proper resolution; and WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed exchange of real property described as the Central Oregon Welcome Center, attached as Exhibit "A"; and WHEREAS, Deschutes County intends to exchange real property with the State of Oregon. for other real property described in. Exhibit "A" and .for a credit for real property, services, or material, to be determined at a fixture date; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The real property to be transferred by Deschutes County to the State of Oregon is described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. A hearing for the purpose of receiving objections to the above described land trade will be held at 10:00 a.m. on Wednesday, November 6, 2002, at La Pine High School, 51633 Coach Road, La Pine, Oregon. PAGE 1 OF 2 — RESOLUTION NO. 2002-091 (9/23/2002) Section 3. That the Clerk of the County Court shall give notice of the time and place for the hearing set in Section 2 of this Resolution by publication of the notice marked Exhibit `B", attached hereto and by this reference incorporated herein, in "The Bulletin" once each week. for four consecutive weeks prior to the date of such hearing. DATED this 23rd day of September, 2002. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair D IS R. LUKE, Commissioner PAGE 2 OF 2 — RESOLUTION NO. 2002-091 (9/23/2002) u September 4, 2002 X/t`�� 4 Property Exchange No. 730 INTERGOVERNMENTAL AGREEMENT Welcome Center THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; City of Bend, acting by and through its elected officials, hereinafter referred to as "City"; and Deschutes County, acting by and through its elected officials, hereinafter referred to as "County". RECITALS 1. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties 2. By the authority granted in ORS 366.395, State may sell, lease, exchange or otherwise dispose of any of its property not needed -by-it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State. 3. By authoritty granted in ORS 366.320 and 366.340, State may acquire property deemed necessary for the state highway system and for purpose of carrying out any other legal requirements. 4. By authority granted in ORS 273.416, 273.426 and 273.431, State may exchange any property held by it for other property of equal or greater value. 5. 5. For the purpose of furthering the development of a state highway system adopted in all particulars to the needs of the people of the State of Oregon, State and the parties to this agreement have determined that an exchange of certain properties in Deschutes . County should be accomplished. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT: 1.In recognition of mutual benefits which will accrue to State, City, and County, , a determination has been made that the Welcome Center, identified in Exhibit ?, attached hereto and by this reference made a part hereof, shall be exchanged by City and County to State for certain State-owned properties, with the State paying additional cash. 2.State shall transfer ownership, jurisdiction, control, and maintenance responsibilities of certain properties as identified in Exhibit A, attached hereto and by this reference made a part hereof, subject to a reversionary interest to State in the event the Welcome Center is not transferred to State by November 30, 2008. In exchange for this transfer of properties, State shall receive credit toward the purchase price of the Welcome Center, and ownership of the Welcome Center once title has been released to the County. 3.All parties have agreed upon a purchase price of $1,450,000 for the Welcome Center, for which State will immediately transfer title to the seven properties identified in Exhibit A (which properties have an approximate value of $1,177,950). 4. In; the evenf fhe 66nsf6r: of title forW.ee1co ne Center cannot occur or does not occur for any reason by,z p e ber 30, 2008, the }properties: included in., ,eexchange wild; reve t back to hlb Sta a �Once tifle to- e�W.elcome.Center has been, transfer the rever interest" m a. Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 2 CITY/COUNTY OBLIGATIONS 1. City and/or County agree to continue to make debt service payment of current principal plus interest to Security Pacific Bank until November 1, 2008, at which time the debt service will be paid in full and title to the Welcome Center shall be reconveyed to County. City and/or County shall notify State's Project Manager in writing within five business days of making each periodic debt service payment (principal and/or interest) to US Bank Trust through November 1, 2008. Prior to November 30, 2008, County shall transfer title to the Welcome Center to the State. 2. City and County agree to accept all -of State's right, title and interest in the properties described in Exhibit A and to accept jurisdiction and control over the property. 3. City and County shall pass an ordinance or resolution authorizing their elected officials to enter into this agreement on behalf of each party. 4. City and County shall enter into a separate agreement with each other for the distribution of State -relinquished properties and credit balance. 5. City and County agree to include all artwork presently displayed in the Welcome Center in the sale of this property. 6. County agrees to accept a credit balance of $272,050 from the State. State and County will enter into a separate agreement for the State's obligations for off -setting the credit balance. 7. The City and County agree to submit a request for the State's approval to release the reversionary interest of property included in the exchange, prior to disposing of Jurisdictional Exchange No. 730 3 Welcome Center Deschutes County City of Bend VCB any said properties. If other properties are proposed for transferring reversionary interest, the'City; and.County Will.providea property:appraisal to�determme value. STATE OBLIGATIONS 1. State agrees to purchase the Welcome Center in the following manner, based on an exchange of primarily state-owned properties: PURCHASE PRICE State Property Values State Balance Due $1,450,000 (1,177,950) $ 272,050 2. State agrees maintain a credit balance of $272,050 with the County. State and County will enter into a separate agreement for the State's obligations for off -setting the credit balance. State and City/County agree that the credit balance shall be paid and / or offset in full by no later than June 30, 2009. 4. The State will consider a request submitted by the City and County to release the reversionary interest on property included in the exchange. The City or County may propose an alternative property and';';/or a monetary ,, ffib of equal value to transfer the reversionary interest in order to release the reversionary interest from a property included in the exchange TheState's approval of the transfer `ofthe reversionary interest shall not;,b p" Baso ably withheld. 5 State agrees fo allow the C ty�and County full and immediate use °bf s e roperties` ,Misted in Exhibit A of n o1additionaL.cost.toFthe Clfy�arnd :CountVT Y __,m x 6. State agrees to furnish City and County any maps, records, permits, surveys, title reports, and any other related data available that may be required to administer the transferred properties. 7. 8. State agrees to permanently publicly display all artwork that is obtained through the sale of the Welcome Center. Jurisdictional Exchange No. 730 4 Welcome Center Deschutes County City of Bend VCB 9. State agrees to,negotiate a five-year lease for the Bend Visitor and Convention Bureau (VCB) to remain in the Welcome Center. 10. State's Project Manager for this project is Robert W. Bryant, Region 4 Manager. GENERAL PROVISIONS The properties described in Exhibit A are relinquished and transferred subject, however, to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on March 13, 2002, and recommended for approval by the Capital Purchasing Advisory Board on August 16, 2002. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in aline item in the approved biennial budget. Jurisdictional Exchange No. 730 5 Welcome Center Deschutes County City of Bend VCB Pursuant to a Letter of Authority dated February 22, 2002, the Technical Services Manager/Chief Engineer authorized the Right of Way Manager to approve and execute agreements abandoning ODOT-owned right of way when the property is not required for future State use. CITY OF BEND, by and through its elected officials By David A. Hales, City Manager Date REVIEWED FOR CITY By City Legal Counsel DESCHUTES COUNTY, by and through its elected officials By Commissioner By Commissioner By Commissioner Date- — — REVIEWED FOR COUNTY By County Legal Counsel Jurisdictional Exchange No. 730 6 Welcome Center Deschutes County City of Bend VCB STATE OF OREGON, by and through its Department of Transportation By Exec. Deputy Dir. for Highways Date APPROVAL RECOMMENDED By Region 4 Manager Date By Right -of -Way Manager Date By Tech Svcs Mgr/Chief Engineer Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date Jurisdictional Exchange No. 730 7 Welcome Center Deschutes County City of Bend VCB Exhibit A SUMMARY OF EXHIBIT A PROPERTIES Unit Area Appraised Value Location 1 30,000 SF $222,150 Corner of Lafayette and The Parkway 2 4,000 SF $49,200 Corner of Hawthorne Ave. and The Parkway 3 5,000 SF $210,000 Corner of Hill St. and The Parkway 4 8.65 Acres $212,000 Forked Horn Butte Cinder Pit (Wickiup Avenue south of Redmond 5 Parcel 1 — 5.21 $406,500 Powers Road Acres Property (Kenny Parcel 2 — 24,050 Roach Property) SF Parcel 3 — 17,520 SF Parcel 4 — 400 SF 6 6,113 SF $39,500 Corner of Roosevelt and The Parkway 7 5,250 SF__ $38,600 Corner of McKinley-- - and The Parkwa TOTAL $1,177,950 Jurisdictional Exchange No. 730 8 Welcome Center Deschutes County City of Bend VCB EXHIBIT A, Continued PROPERTY DESCRIPTIONS Unit 1 Property located at the Corner of Lafayette and The Parkway A parcel of land lying in the NE'/NE'/4 of Section 32, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property acquired by the State of Oregon, by and through its Department of Transportation, designated as Parcel 2 in that Stipulated Final Judgment dated September 23, 1996, entered as Circuit Court Case No. 94 -CV -0465 -ST, Deschutes County, Oregon; the said parcel being that portion of said property lying Westerly of the following described line: Beginning at a point opposite and 62.33 feed Westerly of Engineer's Station 249+00 on the center line of the relocated The Dalles-California Highway; thence Southerly parallel with said center line to a point opposite Engineer's Station 250+00; thence Southerly in a straight line to a point opposite and 65 feet Westerly of Engineer's Station 253+00 on said center line which center line is described in Parcel 3 of said Stipulated Final Judgment. The parcel of land to which this description applies contains 15,235 square feet, more or less. NOTE: This parcel lies within the NE'/NE'/ of Section 32, T.17 S., R 12 E., W.M. A parcel of land lying in Lots 5, 6, and 7, Block 3, NORTH ADDITION TO BEND, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being a portion of those properties designated as Parcel 2 and described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 520, Page 901 and recorded in Volume 520, Page 904, both of Deschutes County Records; the said parcel being that portion of said property lying Westerly of the following described line: Beginning at a point opposite and 65 feet Westerly of Engineer's Station 253+00 on the center line of the relocated The Dalles-California Highway; thence Southerly in a straight line to a point opposite and 72 feet Westerly of Engineer's Station 254+00 on said center line; thence Southerly in a straight line to a point opposite and 80 feet Westerly of Engineer's Station 254+25 on said center line; thence Westerly in a straight line to a point opposite and 175 feet Westerly of Engineer's Station 254+50 on said center line which center line is described in Parcel 1 of said deeds. The parcel of land to which this description applies contains 13,675 square feet, more or less. Jurisdictional Exchange No. 730 9 Welcome Center Deschutes County City of Bend VCB NOTE: This parcel lies within the SE'/NE'/ of Sec 32, T 17 S., R 12 E., W.M. Unit 2 Property located at the Corner of Hawthorne Avenue and The Parkway A parcel of land lying in Lot 8, Block 26, Bend, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being a portion of those properties described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 371, Page 1195 and recorded in Volume 452, Page 0018, both of Deschutes County Records; the said parcel being that portion of said property lying Northerly and Westerly of the following described line: Beginning at a point opposite and 56.91 feet Westerly of Engineer's Station 266+50 on the center line of the relocated The Dalles-California Highway; thence Southerly in a straight line to a point opposite and 70 feet Westerly of Engineer's Station 268+30 on said center line; then Southwesterly in a straight line to a point opposite and 105 feet Westerly of Engineer's Station 268+55 on said center line; thence Westerly in a straight line to a point opposite and 180 feet Westerly of Engineer's Station 268+75 on said center line which center line is described as follows: Beginning at Engineer's center line Station 252+67.15, said station being 4023.92 feet North and 827.89 feet West of the Southeast corner of Section 32, Township 17 South, Range 12 East, W.M.; thence South 0028'57" West 3232.85 feet to Engineer's center line Station 285+00. Bearings are based upon the Oregon Coordinate System of 1983, South Zone. The parcel of land to which this description applies contains 4,594 square feet, more or less. NOTE: This parcel lies within the NE'/SE'/ of Sec 32, T 17 S., R 12 E., W.M. Unit 3 Property located at the Corner of Hill Street and Greenwood Avenue A parcel of land lying in Lot 1, Block 25, BEND, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being that property described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 368, Page 1933, Deschutes County Records. The parcel of land to which this description applies contains 5,000 square feet, more or less. NOTE: This parcel lies within the SE'/NE'/ of Sec 32, T 17 S., R 12 E., W.M. Jurisdictional Exchange No. 730 10 Welcome Center Deschutes County City of Bend VCB Unit 4 Property located at Forked Horn Butte Cinder Pit (Wickiup Avenue) South of Redmond A parcel of land lying in the Northwest One -Quarter of the Northwest One - Quarter (NW'/NW'/) of Section 29, Township 15 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon and being that property described in those deeds to the State of Oregon, by and through its State Highway Commission, recorded in Book 53, Page 647, and in Book 93, page 227 of Deschutes County Record of Deeds. EXCEPT that portion dedicated as a public road by deed, recorded January 25, 1978, in Book 266, Page 545, Deed Records. Unit 5 Property located at PARCEL 1 - SALE (Kenny Roach Property) A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197, Deschutes County Records; the said parcel being that portion of said property lying Northwesterly of the following described line: ---Beginning at a point opposite and 75.00 feet Northwesterly of Engineer's Station 372+17.86 on the center line of the relocated The Dalles-California Highway; thence Southwesterly in a straight line to a point opposite and 80.00 feet Northwesterly of Engineer's Station 374+00.00 on said center line; thence Southwesterly in a straight line to a point opposite and 85.00 feet Northwesterly of Engineer's Station 377+17.86 on said center line; thence Southwesterly in a straight line to a point opposite and 84.00 feet Northwesterly of Engineer's Station 380+00.00 on said center line; thence Southwesterly in a straight line to a point opposite and 82.50 feet Northwesterly of Engineer's Station 383+35.00 on said center line. The center line of the relocated The Dail es -Cal ifornia Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 49898, Deschutes County Records. ALSO that portion of that property described in, that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records lying Northwesterly of said described line. Jurisdictional Exchange No. 730 11 Welcome Center Deschutes County City of Bend VCB ALSO that portion of that property described in that Donation Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2002, Page 14131, Deschutes County Records lying Northwesterly of said described line. EXCEPT therefrom that property lying Southerly of the South line of that property described in that Warranty Deed to Rudy Donald Stark and Mitra Vuicich, recorded in Volume 130, Page 455, Deschutes County Records and Southerly of the Easterly extension of said South line. The parcel of land to which this description applies contains 5.21 acres, more or less. PARCEL 2 - Reserving a Permanent Easement for Access A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197 and in Volume 2002, Page 14131 both of Deschutes County Records. Beginning on the North line of Parcel 1 at a point 95.00 feet Westerly of the Northwest corner of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records; thence Southerly, parallel with the West line of said last --mentioned property, to the Westerly extension of the South line of said last- mentioned property; thence Southerly, in a straight line, to the Easterly extension of the North. line of that property described in that Donation Deed to the State of Oregon, by and through its Department of Transportation, -recorded in Volume 2002, Page 14131, Deschutes County Records at a point 45.00 feet Easterly of the Northwest corner of said last-mentioned property; thence Southerly, parallel with the West line of said last- mentioned property, to the Southeast line of Parcel 1; thence Southwesterly, along said Southeast line, to the South line of said last-mentioned property; thence Westerly along said South line to the Southwest corner of said last-mentioned property; thence Northerly along the West line of said last-mentioned property to the Northwest corner of said last-mentioned property; thence Northerly, in a straight line, to the Westerly extension of the South line of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records at a point 125.00 feet Westerly of the Southwest corner of said last-mentioned property; thence Northerly, parallel with the West line of said last-mentioned property, to the North line of Parcel 1; thence Easterly, along the North line of Parcel 1, a distance of 30.00 feet to the point of the beginning. The parcel of land to which this description applies contains 24,050 square feet, more or less. Jurisdictional Exchange No. 730 12 Welcome Center Deschutes County City of Bend VCB PARCEL 3 — Reserving a Permanent Easement for Water Lines, Fixtures, and Facilities A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in those Warranty Deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197 and in Volume 389, Page 2796 both of Deschutes County Records; the said parcel being that portion of said property described as follows: Beginning at the Northeast corner of Parcel 1; thence Southwesterly along the Southeast line of Parcel 1 to a point opposite Engineer's Station 375+10.00 on the center line of the relocated The Dalles-California Highway; thence Northwesterly, at right angles to said Southeast line, to a line parallel with and 20.00 feet Northwesterly of said Southeast line; thence Northeasterly, parallel with said Southeast line, to a line parallel with and 40.00 feet Southerly of the North line of Parcel 1; thence Northwesterly, in a straight line, to the intersection of a line parallel with and 40.00 feet Northwesterly of said Southeast line with a line parallel with and 20.00 feet Southerly of said North line; thence Westerly, parallel with said North line, to a line parallel with and 20.00 feet Easterly of the West line of Parcel 1; thence Southerly, parallel with said West line, to a line parallel with and 50.00 feet Southerly of said North line; thence Westerly, parallel with said North line, to said West line; thence Northerly, along said West line, to the Northwest corner of Parcel 1; thence Easterly, along said North line, to said Northeast corner and the point of beginning. The center line of the relocated The Dalles-California Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 29898, Deschutes County Records. The parcel of land to which this description applies contains 17,520 square feet, more or less. Jurisdictional Exchange No. 730 13 Welcome Center Deschutes County City of Bend VCB PARCEL 4 — Reserving a Permanent Easement for Water Lines, Fixtures, and Facilities A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded. in Volume 389, Page 2796, Deschutes County Records; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated The Dalles-California Highway at Engineer's Stations 374+75.00 and 374+95.00; and included in a strip of land 20.00 feet in width lying on the Northwesterly side of the Southeast line of Parcel 1. The center line of the relocated The Dalles-California Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 49898, Deschutes County Records. The parcel of land to which this description applies contains 400 square feet, more or less. NOTE: All of Parcel 2 lies within Parcel 1. Parcel 2 will be reserved for Tax Lots 18-12- 0813-1502 and 1504 of Deschutes County. All of Parcel 3 lies within Parcel 1. Parcel 3 includes 600 square feet of Parcel 2. Parcel 3 will be reserved for certain tax lots served by the water lines. All of Parcel 4 lies within Parcel 1. All of Parcel 4 lies within Parcel 3. Parcel 4 is for a junction box at this location. Parcel 4 needs to include ingress/egress rights over Parcel 1 for access. Parcel 4 will be reserved for Arnold Irrigation District. These parcels lie Northwesterly of Engineer's center line Station 376+00. These parcels lie within the SE'/NW'/ of Section 8,m T 18 S., R 12 E., W.M. Parcel 1 lies within Tax Lots 18-12-0813-1500, 1501, and 1505 of Deschutes County. Parcel 2 lies within Tax Lots 18-12-0813-1500 and 1505 of Deschutes County. Parcel 3 lies within Tax Lots 18-12-08BO1500 and 1501 of Deschutes County. Parcel 4 lies within Tax Lot 18-12-0813-1501 of Deschutes County. Unit 6 Property located at Roosevelt and The Parkway A parcel of land lying in the NE'/SE'/ of Section 5, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 2 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 506, Page 271, Deschutes County Records; the said parcel being that portion of said property lying Easterly of the following described line: Jurisdictional Exchange No. 730 14 Welcome Center Deschutes County City of Bend VCB Beginning at a point opposite and 91.15 feet Easterly of the center line of the relocated The Dalles-California Highway at Engineer's Station 327+26.63; thence Northeasterly in a straight line to a point opposite and 96.91 feet Easterly of Engineer's Station 326+01.87 on said center line. ALSO that property designated as Parcel 3 and described in said State of Oregon deed. The center line of the relocated The Dalles-California Highway referred to herein is described in said State of Oregon deed. The parcel of land to which this description applies contains 6,113 square feet, more or less. NOTE: This parcel lies within the NE'/SE'/ of Sec 5, T 18 S., R 12 E., W.M. Unit 7 Property located at McKinley at The Parkway A parcel of land lying in the NE'/SE'/ of Section 5, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon and being that property designated as Parcel 2 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 529, Page 478, Deschutes County Records. The parcel of land to which this description applies contains -5,250 square feet, more or less. NOTE: This parcel lies within the NE'/SE'/ of Section 5, T 18 S., R 12 E., W.M. Jurisdictional Exchange No. 730 15 Welcome Center Deschutes County City of Bend VCB PUBLIC NOTICE On Wednesday, November 6, 2002, 10:00 a.m. at La Pine High School, 51633 Coach Road, La Pine, Oregon, the Board of County Commissioners of Deschutes County, Oregon, will hold a hearing on an exchange of real property with the Oregon Department of Transportation and Deschutes County. The real property to be transferred by the above referenced parties is generally described as follows: The Central Oregon Welcome Center, 63045 N. Highway 97, Bend, Oregon. A copy of Deschutes County Board of Commissioner Resolution 2002-091 can be obtained from the Deschutes County Clerk's Office for more detailed information pertaining to the actual legal descriptions of the subject properties. The meeting location is wheelchair accessible. Materials are available in alternate formats. For the deaf or hard of hearing, an interpreter or assistive listening system will also be provided with 48 hours notice. To arrange for these services or for more information, please contact the Commissioners' Office at (541) 388-6572. Any person may appear and make objections to the proposed exchange. DATED this 23rd day of September, 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair To be posted: October 4, 2002 To be published: October 4, 11, 18, 25, 2002 EXHIBIT `B"