2003-1258-Order No. 2003-109 Recorded 9/19/2003REVIEWED
LEG COUNSEL
COUNTY
NANCYUBLANKENSHIP,P000NTY CLERKDS CJ ~003•l158
COMMISSIONERS' JOURNAL 09/19/2003 02:49:06 PM
111111111 itiIIIIIIIIII 11111111
2003-1
or ec i
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing the Transfer of Real
Property to Humane Society of Central * ORDER NO. 2003-109
Oregon/SPCA to be Used for Social Services
WHEREAS, ORS 271.330(2) provides that Deschutes County (County) may transfer real
property not needed by the County to a non-profit corporation for the purpose of providing social
services; and
WHEREAS, a hearing was held on the transfer of certain real property to the Humane Society
of Central Oregon/SPCA (Humane Society) on October 9, 2002; and
WHEREAS, the Board of County Commissioners find that County no longer needs certain real
property for public purposes; and
WHEREAS, the Board of County Commissioners find that Humane Society is an Oregon non-
profit corporation providing social services within the State of Oregon and will use the real property
for the social services of providing an animal shelter and related services; and
WHEREAS, no objections to the transfer of said real property were raised at said hearing; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That Deschutes County's interest in the real property described as in Exhibit A,
attached and incorporated by reference herein be transferred to the Humane Society of Central
Oregon/SPCA (Humane Society) for social services, pursuant to ORS 271.330(2).
Section 2. That a bargain and sale deed be executed and delivered by Deschutes County
(County) transferring the real property described in Section 1 of this Order to Humane Society, subject
to the following:
A. A twenty (20) year reversionary interest in the favor of County as follows:
1. If the Humane Society and County fail to maintain a contract for the housing of animals
brought to the Humane Society by County employees or agents, County may give one-year
prior written notice of County's intent to reenter the property and terminate Humane
Society's interest in the real property.
PAGE 1 OF 2- ORDER No. 2003-109 (09/16/03)
2. Prior to entering upon the property Humane Society may:
a. Pay $(Agreed upon value of land), in cash, to County and extinguish County's right of
entry and termination; or
b. Transfer real property approved by the County with a value equal to or greater than
the amount set forth above in this paragraph to the County to extinguish County's
right of entry and termination.
3. If, after notice and expiration of the one year period, Humane Society does not purchase the
real property or make a transfer of real property as set forth in paragraph 2 above, County
may reenter the property and terminate Humane Society's right, title and interest in the
property by payment, in cash, of $(Agreed upon cost of new construction) to Humane
Society. Upon the payment by County of the amount set forth in this paragraph Humane
Society shall deed the real property to County, free and clear of all encumbrances.
B. The Bargain and Sale Deed, proving ingress and egress, utility easements and reversionary
language shall be agreed upon by the parties before the real property is transferred.
Section 3. The Deed from County to Humane Society authorized by this Order shall
be approved in a regular Board of County Commissioners meeting.
DATED this 1b day of L~ '2003
ATTEST:
7 111P
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
D IS R. LUKE, Chair 1
TOM DEWOLF, C ssio er
IC AEL DALY, C71ssioner
PAGE 2 of 2- ORDER No. 2003-109 (09/16/03)
SEP-17-2003 WED 12:54 PM DESCHUTES CO ROAD DEPT FAX NO. 541 388 2719 P. 02
New Humane Society Parcel
A parcel of land lying in the NW % NW % of Section 14, Township 18 South,
Range 12,East of the Willamette Meridian, Deschutes County, Oregon, and
being more particularly described as follows:
Commencing at the northwest corner of said Section 14, thence along the
north line of said Section 14 S89°36'19"E a distance of 127.13 feet;
thence leaving said north line SO0°23'41"W 20.00 feet to a point on the
south right-of-way line of the 1908 John Ferguson Road, the Point of
Beginning; thence along said south right-of-way line S 89°36'19" E a
distance of 877.01; thence leaving said south line S08°50'52"E a distance
of 69.43 feet; thence S81 °11'07" W a distance of 330.01 feet; thence
S08°50'59"E a distance of 90.50 feet; thence S81°20'06"W a distance of
149.19 feet; thence S08°40'43"E a distance of 39.42 feet; thence
S83°06'09"W a distance of 26.73 feet; thence 105.44 feet along the are of
a curve to the left with a radius of 117.30 feet and a long chord which
bears S57°21'09"W a distance of 101.92 feet; thence S31 °36'08"W a
distance of 18.59 feet; thence 38.46 feet along the arc of a curve to the left
with a radius of 120.81 feet and a long chord which bears S22°28'54V a
distance of 38.30 feet; thence S13°21'40"1N a distance of 82.78 feet;
thence 38.20 feet along the arc of a curve to the right with a radius of
53.24 feet and a long chord which bears S33°54'58"W a distance of 37.39
feet; thence S54°28'16"W a distance of 11.04 feet; thence S66°03'23'W a
distance of 11.93 feet to a point 40.00 feet northeasterly of the centerline
of S.E. 27`" Street as shown on the "Plat of Survey" filed in the Deschutes
County Surveyor's Office on May 22, 1991 as CS03949; thence along a
line 40.00 feet northeasterly of and parallel with said 27T" street centerline
N25°33'00"W a distance of 441.73 feet to a #5 rebar with a 2" aluminum
cap stamped "Deschutes County Public Works LS 1031"; thence 119.37
feet along the arc of a curve to the right with a radius of 1392.39 feet and
a long chord which bears N23°05'38"W a distance of 119.34 feet to the
Point of Beginning. Containing 190,338 square feet (4.370 acres)more
or less. It is the intent of this description to not convey any of the said NW
% NW 1/4 lying within the right-of-way of said 1908 Ferguson Road.
SUBJECT TO All encumbrances of record and those common and apparent
upon the land. oc~rerFtarro %
PROFESSIONAL
JULY 26,109
MICHAEL J. BERRY
RENEtiNAL DATE: 17JSi l Uj
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SEP-17-2003 WED 12:55 PM DESCHUTES CO ROAD DEPT FAX NO. 541 388 2719 P. 03
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SEP-17-2003 WED 12:55 PM DESCHUTES CO ROAD DEPT FAX NO. 541 388 2719 P. 04
TO BE RESERVED BY DESCHUTES COUNTY
Sewer Line Easement Across
New Humane Society Parcel
A strip of land lying in the NW '/4 NW '/4 of Section 14, Township 18 South,
Range 12,East of the Willamette Meridian, Deschutes County, Oregon, and
being more particularly described as follows:
A strip of land 20.00 feet in width, lying 10.00 feet on each side of the
following described centerline:
Commencing at the northwest comer of said Section 14, thence along the
north line of said Section 14 S89°36'19"E a distance of 521.49 feet, the
Point of Beginning; thence SO0°23'41"W a distance of 20.00 feet to a
point on the south right-of-way line of the 1908 John Ferguson Road;
thence S00°23'41 "W a distance of 36.01 feet; thence S07°05'40" V11 a
distance of 180.30 feet; thence S04°19'20"E a distance of 121.06 feet to
the southerly line of the Humane Society of Central Oregon parcel, the
terminus point of this description.
P
JULY 20. ,909
HAE.J. BERRY
RENEWAL LATE: 12/31/
J:\CAD\Projects\DCPWAREA\dwg\LEGALS\HS-SEW-EASE-2002.doc
9/17/2003 12:35 PM
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Exhibit
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SEP-17-2003 WED 03:01 PH DESCHUTES CO ROAD DEPT FAX NO. 541 388 2719 P. 02
TO BE GRANTED TO THE CENTRAL OREGON HUMANE SOCIETY
Access Easement
to New Humane Society Parcel
A parcel of land lying in the NW NW Y. of Section 14, Township 18 South,
Range 12, East of the Willamette Meridian, Deschutes County, Oregon, and
being more particularly described as follows:
Commencing at the northwest comer of said Section 14, thence along the
north line of said Section 14 S89°36'19"E a distance of 127.13 feet;
thence leaving said north line S00°23'41 "W 20.00 feet to a point at the
intersection of the south right-of-way line of the 1908 John Ferguson Road
and a line 40.00 feet northeasterly of and parallel with the centerline of
S.E. 27th Street as shown on the "Plat of Survey" filed in the Deschutes
County Surveyor's Office on May 22, 1991 as CS03949; thence along said
40.00 foot parallel line 119.34 feet along the arc of a non-tangent curve to
the left with a radius of 1392.39 feet and a long chord which bears
S23°05'38"E a distance of 119.34 feet to a #5 rebar with a 2" aluminum
cap stamped "Deschutes County Public Works LS 1031"; thence
S25°33'00"E 441.73 feet to the Point of Beginning; thence S25°33'00"E
a distance of 73.65 feet; thence leaving said 40.00 foot parallel line
N19°25'34"E a distance of 9.35 feet; thence N39"56'08"E a distance of
61.74 feet; thence N13°21'40"E a distance of 157.62 feet; thence
N67"23138"W a distance of 39.44 feet; thence 38.46 feet along the are of a
120.81 foot radius non-tangent curve to the left, the long chord of which
bears S22°28'54"W 38.30 feet; thence S13°21'40"W a distance of 82.78
feet; thence 38.20 feet along the arc of a curve to the right with a radius of
53.24 feet and a long chord which bears S33"54'58"V11 a distance of 37.39
feet; thence S54"28'16"W a distance of 11.04 feet; thence S66°03'23"W a
distance of 11.93 feet; to the Point of Beginning. Containing 9909 square
feet (0.227 acres) more or less.
M(cHQLI»
RE`tSWAL DA' M TZ Q
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9/17/2003 2:66 PM
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Exhibit
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