2003-1219-Minutes for Meeting August 19,2003 Recorded 9/5/2003COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,PCOUNTY CLERKOS
COMMISSIONERS' JOURNAL 09105/2003 10;53;22 AM
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2003-1219
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschates.org
MINUTES OF SPECIAL MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 19, 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke, Tom De Wolf and Michael M. Daly.
Also present from the County were Mike Maier, County Administrator; Tammy
Credicott, Property Management; and Mark Pilliod, Legal Counsel (for part of the
meeting).
In attendance from the Bend Metro Park & Recreation District were Paula
Lowery, Don Horton, Jim Young, Ted Schoenborn, Suzanne Johannsen and Neil
Bryant (Legal Counsel for the District).
No media representatives or other citizens were present.
The meeting began at 7:05 a.m.
The primary focus of the meeting was to discuss several Park District properties
and the status of recorded reversionary deed restrictions that the County currently
has on those properties, indicating that the properties can only be used for public or
park purposes.
The District wishes to sell some of its holdings in order to raise adequate funds to
purchase and/or develop other properties. The primary focus of the District at this
time is the property known as the "Bend Pine Nursery", which the District is
attempting to purchase from the U. S. Forest Service.
Minutes of Special Meeting Tuesday, August 19, 2003
Bend Metro Park & Recreation District Page 1 of 3 Pages
The District has a large holding located off Ward and Gosney Roads, commonly
known as the "Eastgate" property, as well as a smaller holding known as "Canal"
that is zoned residential and is within the urban growth boundary of Bend. The
plan is to sell a portion of the Eastgate property, which consists of three parcels, as
well as the smaller Canal property, in order to purchase the Pine Nursery property.
Even though the two park properties are quite different in size and features, the per
acre value of the Canal property is much higher than that of the Eastgate property
because of the Canal property's zoning and proximity to the City of Bend.
Mike Maier stressed that if the Commissioners agree to release the deed
restrictions on these properties so that they could be sold, he would like some
assurances that the District would not charge the County for a right-of-way should
it become necessary to develop a road through any of the properties the District
owns. Of particular concern is the planned extension of 27th Street to Empire
Avenue that would go through the Pine Nursery property, as the roadway has
already been surveyed and may be built within three to five years.
After a lengthy discussion, the Commissioners and the Park District Board
indicated that they are comfortable with memorializing in writing the intent that
neither party would charge the other for either removing reversionary deed
restrictions or allowing for a road right-of-way as necessary.
Commissioner Luke stated that a limited access road should be allowed on the 27th
Street extension for the Road Department and Community Development
Department personnel prior to the development of 27th Street. He recommended
that the reversionary clauses be removed by the County once the purchase of the
Pine Nursery property is confirmed. Commissioner DeWolf concurred.
The Commissioners and the members of the District Board agreed that Neil
Bryant, the attorney for the District, will draft a document that would memorialize
the intent that neither entity will charge for the transfer of reversionary clauses or
the allowance of County access and road rights-of-way; or that such a transfer will
be a dollar for dollar exchange if appropriate.
Mr. Bryant will provide the draft document to County Counsel Mark Pilliod for his
review, and after the District can confirm it has reached consensus with the Forest
Service regarding the Pine Nursery, both Boards will ratify the Park District -
County agreement as appropriate.
Minutes of Special Meeting Tuesday, August 19, 2003
Bend Metro Park & Recreation District Page 2 of 3 Pages
Being no further issues discussed, the meeting ended at approximately 8:05 a.m.
DATED this 19th Day of August 2003 for the D schutes County Board of
Commissioners.
Dennis R. Luke, Chair
1
Tom DeWolf, Commissioner
ATTEST:
Recording Secretary
Minutes of Special Meeting Tuesday, August 19, 2003
Bend Metro Park & Recreation District Page 3 of 3 Pages