2003-832-Order No. 2003-058 Recorded 5/6/2003DESCHUTES COUNTY OFFICIAL DS
NANCY BLANKENSNIP, COUNTY CLERK CJ 2Y~y0ri
REVI N NANCY BLANEN' JOURNAL
Z 45/46/2443 03:37:53 PM
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2003-000832
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Sale Pursuant to
Order No. 98-161 (John & Kimberly Andersch).
Dale Road property.
ORDER NO. 2003-058
WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a project; 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, the Rainbow House, the New Neighborhood
Property in La Pine, Oregon, the Archive Building Property and the Deschutes County 2003 Capital Porjects
approved by Resolution 2003-009 (Project); and
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 bides
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.
PAGE 1 OF 3 - ORDER NO. 2003-058 ANDERSCH (MAY 1, 2003)
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 , 2003.
ATTEST:
Recording Secretary
BOARD OF TY COMMISSIONERS OF DESCHUTES
COUNTY,, REGON
1 ~
NNIS R. LUKE, Chair
TOM
M. DAL
PAGE 2 OF 3 - ORDER NO. 2003-058 ANDERSCH (MAY 1, 2003)
EXHIBIT "A"
LEGAL DESCRIPTION
TAXLOT : 161235-00-00100
SIZE: Approx. 80 Acres
ADDRESS: 21500 Dale Road, Bend, OR
The North one-half of the Northeast one-quarter (N %2 NE 1/4 ) of Section 35 in
TOWNSHIP 16 SOUTH, RANGE 12, EAST OF THE WILLAMETTE MERIDIAN,
Deschutes County, Oregon.
Excepting therefrom the right-of-way of Dale Road and Deschutes Market Road
PAGE 3 OF 3 - ORDER NO. 2003-058 ANDERSCH (MAY 1, 2003)
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 15 percent (15%) of the proposal price as a
down payment. Interest is determined by the Board as 7.25%. 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 1 - EXHIBIT "B" TO ORDER 2003-058 (05/01/2003)
Q SELLER'S COUNTER OFFER
The Oregon Real Estate Agency has reviewed this form for compliance with the applicable provisions in ORS.6N and finds that it complies with those provisions. 1
Re: Real Estate Sale Agreement No. 8678 Dated 0412 1/03 2
Seller: DESCHUTES COUNTY 3
Buyer: JOHN ANDERSCH KIMBERLY ANDERSCH 4
The real property described as: 2 1 500 DALE ROAD BEND OR 97701 5
6
Seller agrees to sell the real and personal property specified in Buyer's offer on the terms and conditions in Buyer's offer, except as 7
modified below. a
SALES PRICE TO BE $595.000-00. TERMS TO BE 1 5% DOWN 7.25% AMORTIZED OVER A 20 YEAR TERM 9
10
SUBJECT TO PURCHASER APPLYING FOR A CUP ON THE EFU 40 ACRE PARCEL, AND OBTAIN A FORMAL LAND 11
PARTITION ON OR BEFORE MAY 1 5, 2000. 12
13
CLOSING TO BE 30 DAYS AFTER PARTITION IS READY TO RECORD, OR ON OR BEFORE NOVEMBER 1-5, 2003, 14
WHICHEVER OCCURS FIRST. 15
16
THE REMAINING BALANCE OF $505,750 TO BE ON A SELLER NOTE AND TRUST DEED IN FIRST LIEN POSITION NO 17
PREPAYMENT PENALTY AND NO PARCEL RELEASE CLAUSE. 1&
For additional provisions, see Addendum 19
AGREEMENT TO SELL:
All provisions of the Buyer's offer except those modified herein are approved and accepted by Seller. Time is of the essence of this counter 20
offer. This counteroffer shall automatically expire on Date APR 24.03 , _ A.M, 5=P.M., if not accepted within that time. However, 21
Seller may withdraw this counteroffer anytime prior to written acceptance. This counteroffer maybe accepted by Buyer only in writing. 22
If Buyer accepts Seller's counter offer, Seller agrees to pay to the Selling Firm, or if this is a co-op transaction, the Listing Firm, the sum
23
of $ PER LISTfor professional real estate services rendered in this transaction. Seller authorizes Listing Firm to order a preliminary
24
title report and title insurance at Seller's expense and further authorizes escrow to pay out of the cash proceeds of sale the expenses
25
of furnishing title insurance, Seller's recording fees, Seller's dosing costs and any encumbrance on the property payable by Seller on
2e
or before closing. Seiler is a U.S. citizen unless otherwise Stated herein (See FIRPTA clause in Real Estate Sale Agreement).
27
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER
26
OFFER, WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any
29
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein
30
provided, the earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check
31
one) First to the Listing Fir ,1 to the extent of the agreed commission just as if the transaction had been consummated, with residue
32
to Seller; or N 100. TO LER
33
Seller Signature Date 1-~a3 /6 A.M. P.M.
34
Seller Signature Date A.M. P.M.
35
AGREEMENT TO PURCHASE:
Buyer accepts Seller's counter offer.
36
37
Buyer rejects Seller's counter offer OR Buyer makes the attached counter offer.
39
f
Buyer Signature - Date q - ZIZ--- 63 , -A-M. P.M 9
-
Buyer Sig ure Date '7 Z
Z 3 A.M.
40
SELLER'S ACKNQWI EDGMENT u 41
Seller acknowledges receipt of copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Seller has fully read 42
and understands. 43
44
Seller Signature Date p 3,1y5- A. M. P.M. 45
Seller Signature z---• /t Date SSG
A. M. _P.M. 46
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer is changed by Seller's counter offer). 47
Selling Firm acknowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of $ evidenced 46
by cash, ❑ check, ❑ promissory note payable on or before which Selling Firm agrees to handle as provided in the 49
Agreement. Selling Licensee' s signature 50
Listing LicenseeSTEVE SCOTT/CINDY KING Selling LicenseeWOODY BENNETT 51
Listing Firm Broker's Initials/Date eAN Selling Firm Broker's Initials/Date 52
Q 2002, No portion may be reproduced without express perm' sio of i
Oregon Real Estate Forms, LLC, a wholly-owned subsidiary oft eEug P land Metropolitan
and Oregon Associations of REALTORS@
OREF 003 07102 SEL EMS COUNTEROFFER
Company:STEVE SCOTT & Co., REALTORS
Prnvirlcri hi/' f'.1- Ku $/N: PC F5 60 1 46
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Dale Road Property
161235-00-00100
$645,000
Dale Road
Exchange Property for the Project
Map printed 310512003
428 0 428 856 Feet
1:10280 Q
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