2003-1140-Order No. 2003-082 Recorded 8/6/2003DESCHUTES COUNTY CLERKS U 2003.1140
REVIEWED NANCY COMMISSIONERS' JOURNAL 08/06/2003 04:52:35 PM
LE A COUNSEL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2003-1140
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Providing 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. (Waugh Rd.)
ORDER NO.2003-082
WHEREAS, ORS 271.340 and 275.100 and Deschutes County Code (DCC) Chapter
11.08 provide 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, the Rainbow House, the New Neighborhood Property in La Pine, Oregon,
the Archive Building Property and the Deschutes County 2003 Capital Projects approved by
Resolution 2003-009 (Project); and
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 Project was amended on January 22, 2003, by Order No. 2003-004; 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 the real propety generally described in Exhibit "A," atached
hereto and by this reference incorporated herein, be available to be exchanged by Deschutes
PAGE 1 OF 2 - ORDER NO. 2003-082 (7/31/2003)
County for the Project described as the Health and Human Services Building in Bend, Oregon,
the Becky Johnson Community Campus in Redmond, Oregon, the Rainbow House, New
Neighborhood Property in La Pine, Oregon, the Archive Building Property and the Deschutes
County 2003 Capital Projects approved by Resolution 2003-009 (Project).
Section 2. 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 3. 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" attached hereto and by this reference incorporated herein upon further order of the
Board.
Section 4. 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.
([11
DATED this 1 day of (hLiOLd , 2003.
BOARD OF
OUNTY COMMISSIONERS
COUNTY, OREGON
rz
R.
ATTEST:
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Recording Secretary
TOM DEWOLF, Commissioner
MI AEL 94. DALY, 71missioner
PAGE 2 OF 2 - ORDER NO. 2003-000 (7/31/03)
EXHIBIT "A"
The real property to be transferred by Deschutes County is generally described as follows:
Tax Lot ID Serial No. Fair Market Value
171321-00-00100 (Waugh Road 109263 $650,000
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 31, 2003. The properties are more fully described in the records of Deschutes County.
PAGE 1 - EXHIBIT "A" TO ORDER NO.2003-082 (07/31/2003)
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 10 percent (10%) of the proposal price as a
down payment. Interest is determined by the Board as 7.00%. 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 120 days after
the exchange date, all proposals may be canceled and the real property may 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 I - EXHIBIT "B" To ORDER 2003-082 (03/17/2003)
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