2003-883-Order No. 2003-061 Recorded 5/13/2003DESCHUTES COUNTY OFFICIAL RECORDS vd 20030813
NANCY BLANKENSHIP, COUNTY CLERK RE WED COMMISSIONERS' JOURNAL 05/13/2003 03;40;32 PM
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2003-000883
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Sale Pursuant to Order No.
98-161 (Dan & Kristi Stone, Ken & Amy Peebles).
Smith Rock Way Southern 40 Acres & Northern 40
Acres, to be lot line adjusted into adjacent owner's
properties.
ORDER NO. 2003-061
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, 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, based on the facts presented the Board of County Commissioners at its regular meeting,
that the transfer be exempt from bid and be sold to adjacent owners for not less than its fair market value.; and
WHEREAS, the Board of County Commissioners finds that the fair market value of the real property is
not less than $1,700 per acre, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the real property described in Exhibit "A," attached hereto and by this reference
incorporated herein, be sold and transferred pursuant to Order 98-161 for the acquisition of the Project
described above.
Section 2. That upon review and approval of title by the Deschutes County Legal Counsel, that an
earnest money agreement be completed and held until closing.
PAGE 1 OF 3 - ORDER NO. 2003-061 (STONE & PEEBLES) (05/07/2003)
Section 3. That upon review and approval of title by the Deschutes County Legal Counsel, an
acceptance for each deed or other document relating to this matter shall be signed by Deschutes County
Commissioners or its chair without further action by the Board of County Commissioners. The Deschutes
County Property Manager is authorized to sign all other documents necessary to close this transaction in
escrow.
4
DATED this / day of , 2003-
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNT REGON
ENNIS R. LUKE, ChaiA
ATTEST: TOM DEWOLF, Commission
Recording Secretary MIC EL M. DALY, Com si
PAGE 2 OF 3 - ORDER NO. 2003-061 (STONE & PEEBLES) (0$/07/2003)
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1:
The Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4 ) located in Section 23, Township 14
South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon.
*To be later described after lot line adjustment.
Parcel 2
The Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4 ) located in Section 26,
Township 14 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon.
*To be later described after lot line adjustment
PAGE 3 OF 3 - ORDER NO. 2003-061 (STONE & PEEBLES) (05/07/2003)
EXHIBIT "B"
Pursuant to Order 98-161, the delayed exchange or real property shall be as follows:
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 2003- 061 (05/07/2003)