2003-1485-Order No. 2003-119 Recorded 12/18/2003COUNTY OFFICIRt
REVIEWED NANCYUBLANKENSNIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL 12/18/2003 03:50:27 PM
LEGAL CO SEL IIIIIIIII I IIIII II IIII I II I II I I I III
2003-1483
ror iwcuruuig OLUIXIF vu,y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Amending Order No. 90-095
To Modify the Conditions of the Transfer
Of Real Property to the City of Bend, Oregon
ORDER NO. 2003-119
WHEREAS, pursuant to Order No. 90-095, the Board of County Commissioners conveyed to the City
of Bend approximately 1,500 acres of surplus land north of Cooley Road by deed dated November 14, 1990; and
WHEREAS, this land has been envisioned for industrial development and other uses for years prior to
its transfer to the City; and
WHEREAS, at the time of the transfer, residents expressed concern about the potential impacts of
industrial development on their quality of life; and
WHEREAS, i n r esponse to t he c oncerns o f the residents, the County Commissioners placed various
conditions on the transfer and future use of this land pursuant to Order No. 90-095; and
WHEREAS, the City of Bend desires to expand the City's urban growth boundary (UGB) to include an
approximately 500 acre portion of the property into the City's Urban Growth Boundary and zone that portion
industrial and thereafter prepare a master development plan for the entire property to ensure that it is efficiently
developed (Exhibit A); and
WHEREAS, the parties desire to amend Order No. 90-095 to reflect matters not considered when that
order was adopted, maintain the same substantive requirements to meet current needs and community concerns
and provide for the proper planning and development of the entire parcel; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The conditions contained in fifth WHEREAS clause of Order No. 90-095 are replaced in
their entirety by this Order.
Section 2. The City shall comply with the following conditions in planning and developing the property
for industrial development and other uses:
A. Master P Ian f or t he P roperty. T he C ity s hall p repare a m aster p Ian f or the entire 1,500
acres. The City's process in developing the master plan shall include opportunities for
public involvement and shall take into account the concerns raised during the process by the
participants.
B. Subject to compliance with applicable land use laws, the City may proceed to expand the
Bend Urban Growth Boundary to include approximately 500 acres of the property and may
zone that portion of the property for "industrial uses", prior to the completion of the master
PAGE 1 of 2- ORDER No. 2003-119 (12.17.03)
plan. In addition, prior to completing the master plan, the City may prepare a detailed site
plan for the approximately 500-acre industrial area (see Exhibit A).
C. The City's process in developing this site plan shall include opportunities for public
involvement and shall take into account concerns raised during the process by the
participants.
D. The City may initiate construction of infrastructure within the industrial area prior to
completion of the master plan for the entire 1,500-acres, but shall not issue any building
permit for new construction in the industrial area prior to approval of a final subdivision
plat, pursuant to provisions of the City of Bend Land Division Ordinance.
E. The master plan for the property shall be adopted by the City Council following a public
meeting at which the public shall have the opportunity to provide input.
F. The master plan shall serve as a guide to future development of the property for urban uses,
as the property is brought incrementally into the City's UGB based on demonstrated need
for urban lands, in conformance with applicable statewide planning goals and laws.
G. Parks Development. At least ten percent of the property shall be reserved for public open
space and/or park purposes. This designated open space or park shall be available for public
use and may be managed by the Oregon State Parks Division, the Bend Metro Park and
Recreation District or other appropriate entity.
H. Public Uses. The real property shall be used for a public purpose which includes but is not
limited to the industrial uses as provided for in ORS 271.510- 271.540.
Section 3. The County will cooperate with the City in correcting any defects in title that impair the
marketability, use or development of the 1,500 acre parcel.
DATED this (I day of 32003.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHU COUNTY, OREGON
DE IS R. LUKE, Chair A
TOM DEWOLF, Commissioner
PAGE 2 OF 2- ORDER NO. 2003-119 (12.17.03)
REVIEWED
28591 10 4 9
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHY. E E COUNSEL`
An Order Directing Transfer of '?0 iv aORLWED
Real Property to the City of Bend,
* ``!r
Oregon. 71990
co
ORDER NO. 90-095 G/4") ~f ) ,
WHEREAS, ORS 271.330 provides that Deschutes County may
transfer real property not needed by the County to another
governmental body after hearing; and
WHEREAS, a hearing was held on August 1, 1990; and
WHEREAS, the Board of County Commissioners determined that
Deschutes County no longer needed certain real property for
public use by the County; and
WHEREAS, a number of objections to the transfer of the real
property were expressed at said hearing relating to the potential
use of-the property and impacts of such use on the neighborhoods;
and
WHEREAS, the Board, having considered the objections, moved
to transfer the property upon condition that:
1. A master development plan be formulated for the property
before committing the property to new uses.
2. The development plan be adopted by the City
open public process and public hearings and thatuthe plann
address the needs of the City and the concerns of the
public.
-the parcel be dedicated to public park
purposes to be managed by the Bend Metro Park and Recreation
District and/or the Oregon State Park Division; now, there-
fore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That the real property described in Exhibit "A,"
attached hereto and by this reference incorporated herein, be
transferred to the City of Bend, Oregon without consideration.
Section 2. That a bargain and sale deed transferring said
real property to the City of Bend be executed and delivered.
1 - ORDER NO. 90-095 KEYPUNCHED
SEP 25 1990
104 -9 1961
DATED this ~ day of , 1990.
BOARD OF COUNTY COMMISSIONERS
A E T:
Recording Secretary
2 - ORDER NO. 90-095
EXHIBIT "A"
104 - 1962
Township Sixteen (16) South, Range Twelve (12) East of the
Willamette Meridian, Section 34 .(SW 1/4 SE 1/4, E 1/2 8E 1/4);
and Section 35 (N 1/2 NW 1/4, SW 1/4 NW 1/4).
Township Seventeen (17) South, Range Twelve (12) East of the
Willamette Meridian, Section 2, Lots 3 and 4 (SW 1/4 NW 1/4,
W"1/2 SW 1/4); Section 3, Lot 1 and 2 (S 1/2 NE 1/4, SE 1/4);
Section 10 (all); and Section 11 (W 1/2 W 1/2)
F
1 - EXHIBIT "A"
I
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I1,"L S.~_ 'U 18. Z_
y0-37961 c.-!":L
or Recording, Forward All'Tax
Statements To: Clty of Bend
P. O. BOX -431 Bend. Oregon 977n9 11
BARGAIN AND SALE DEED
Deschutes County, a political subdivision of the State of
Oregon, Grantor, conveys to the City of Bend, Grantee, so long a
the real property is used for a public purpose, the following
described real property:
Township Sixteen (16), Range Twelve (12) East of the
Willamette Meridian, Section Thirty-Four (34) (SW 1/4
SE 1/4, E 1/2 BE 1/4; and Section Thirty-Five (35) (N
1/2 NW 1/4, SW 1/4 NW 1/4)1
Township Seventeen (17) South, Range Twelve (12) East V
of the Willamette Meridian, Section Two (2), Lots 3 and
4 (SW 1/4 NW 1/4, W 1/2 SW 1/4); section Three (3), -fJ
Lots 1 and 2 (S 1/2 NE 1/4, BE 1/4)• Section Ten (10)
(All); and Section Eleven (11) (W 1/2 W 1/2);
SUBJECT TO: All encumbrances of record and those
common and apparent on the land.
Thia instrument will not allow use of the property described
in this instrument in violation of applicable land use laws and
regulations Defore signing or accepting this instrument, the
person acquiring fee title to the property. should check with the
appropriate city or county planning department to verify approved
uses.
The true consideration for this conveyance Is other than
money, pursuant to Deschutes County Order No. 90-095.
DATED this day of - (1!C4':n , 1990. _
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LOIS A STOW PRANTE, Commissioner
ATTEST: _ l ~jDyC ~}J II
TOM T Recording Secretary D !SA LI , C isaLoner ~p a
J U
STATE OF OREGON ) O, Q
as. G V
County of Deschutes )
Before me, a Notary Public, personally appeared LOIS BRISTOW
_PRANTE,...TOM-THROOP-,.. and -DICK- MAUDLIN_ the.-above-named-Board- of----
County Commissioners of Deschutes County, Oregon, and acknowl-
edged the foregoing Instrument on behalf of Deschutes County, j
Oregon.
DATED this day of *.~C%/Ci! f, 1990.
Notary Public for Oregon
My Commiesion Expires:
. 0
1'-.BARGAIN AND SALE DEED d D
I ~ 0
' G
t NT:1~' U D1 C 2 0 1990
Bonnie Baker
From: Catherine Morrow
Sent: Wednesday, December 10, 2003 9:27 AM
To: Bonnie Baker
Cc: Laurie Craghead; bshetterly@ci.bend.or.us; George Read
Subject: Agenda Request Order 2003-119 - Juniper Ridge
Agenda request
Order
Order 2003-119 Order 2003-119
12.17.03.doc
)-28591.pdf (497 KE Final.doc (52 K... Final.doc (49 K...
Bonnie - Attached please find the agenda
request and
order 2003-
119 with Exhibit
A. I have also included the original order (90-
095) for the
Board pack
et. The hearing
will be on the 17th and I will be present for the
Work Session
on Monday.
Brian Shetterly
from the City of Bend will be at the hearing on
Wednesday.
Catherine
Exhibit A
Proposed 500-Acre Future Industrial Area
and City of Bend Ownership
N