2003-1401-Order No. 2003-111 Recorded 11/14/2003REVIEAVED
LEGAL COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2003.1401
COMMISSIONERS' JOURNAL
2003-2401
For
11/ 14/Z003 01;38;44 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Sale Pursuant to Order
No. 98-161 (Peter Gassner & Piyajit Gassner).
Waugh Road 240-acres.
ORDER NO. 2003-111
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 Projects 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 bid
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. 2003-111 (WAUGH ROAD - COUNTY TO GASSNER) (11/12/2003)
Section 3. That upon review and approval of title by the Deschutes County Legal Counsel,
a deed transferring the property is authorized and all documents 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.
DATED this 0 day of , 2003.
BOARD 01~9OUNTY COMMISSIONERS OF
DESCFILT;rE"S COUNTY, OREGON
LUKE,
ATTEST:
~J TOM DEWOLF, Corgi
Recording Secretary I AEL M. DALY,
PAGE 2 OF 3 - ORDER NO. 2003-111 (WAUGH ROAD - COUNTY TO GASSNER) (11/12/2003)
EXHIBIT "A"
LEGAL DESCRIPTION
TAXLOT: 171321-00-00100
SIZE: 240-Acres
The North half of the Northeast Quarter (N1/2 NE 1/4 the Southeast Quarter of the Northeast Quarter
(SE %4 NE %4 the Northeast Quarter of the Southeast Quarter (NE 1/a SE '/4) and the South Half of the
Southeast Quarter (S1/2 SE 1/4) all in Section 21, Township 17 South, Range 13 East of the Willamette
Meridian, Deschutes County, Oregon.
PAGE 3 OF 3 - ORDER NO. 2003-111 (WAUGH ROAD-COUNTY TO GASSNER) (11/12/2003)
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 1 - EXHIBIT "B" To ORDER 2003-111(11/12/2003)
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