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37-969-Order No. 81-265 Recorded 6/8/1981VOL 37 PAGE Pct BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Providing for the ) Exchange of Real Property r With the Bend Metropolitan L ) E Park and Recreation District; ) Making the Required Findings; ) `{gyp 8 198 and Authorizing Conveyances. ) ROSEM,gR Y Pq I)TTERSO ORDER NO. 81-265 ESCHUTES .COUNTY CLERK WHEREAS, Resolution No. 81-015 provided for a hearing for the exchange of property between Deschutes County and the Bend Metropolitan Park and Recreation District; and WHEREAS, said hearing was held on May 13, 1981; and WHEREAS, ORS 275.100 requires that the Board of County Commissioners authorize the exchange of lands after hearing by Order; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON, ORDERS as follows: Section 1. That the properties described in Section 1 of Resolution No. 1-015, a copy of which is marked Exhibit "A," attached hereto and by this reference incorporated herein, are of equal value. Section 2. That the exchange of such property is in the best interest o the County. Section 3. That the Board of County Commissioners is authorized to execute and deliver the necessary Deeds of conveyance and receive such Deeds as are necessary to effectuate the exchange. DATED this a7T'day of _ mav , 1981. BOARD COUNTY COMMISSIONERS OF DE TES COUNTY, EGON ABERTC. PA SON, R., Chairma ATTEST: SUSAN STONEMAN Recording Secretary ORDER NO. 81-265, PAGE 1 VOL 3 1 ME 970 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring the Intention ) of Deschutes County to Make an Ex- ) Change of Real Property with the ) Bend Metropolitan Park and Recreation ) District; Setting a Time and Place ) for Hearing Objections Thereto; and ) Providing for Notice. ) RESOLUTION NO. 81-015 WHEREAS, ORS 275.100 provides that the Board of County Commissioners declare its intention to exchange land with a municipal corporation organized under the laws of the State of Oregon by proper resolution; and WHEREAS, a hearing shall-be held for the purpose of receiving objections to the proposed exchange of land; and WHEREAS, Deschutes County, Oregon, intends to exchange land with the Bend Metropolitan Park and Recreation District; now, there- fore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That Deschutes County, Oregon, intends to exchange real property described as: A possibility of reverter and reservation that if this real property ceases to be used for a public use, and more specifically, ceases to be used for free park purposes with the Bend Metropolitan Park and Recreation District, it shall revert to the Grantor; Deschutes County also reserves the timber rights on all marketable timber on said property with the condition that before any other timber is cut on the property, permission must be obtained from the Board of County Commissioners; in the property described as: A tract of land located in a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: RESOLUTION NO. 81-015, PAGE 1 .i VOL J 11 PAGE 0 71 Beginning at a point on the East line of said Lot 6 from which the Southeast corner of said Lot 6 bears South 00° 05' 30" East a distance of 35.44 feet; thence following the arc of 460.00 foot radius curve left a distance of 186.99 feet (chord bears North 42° 24' 04" West 184.71 feet); thence North 54° 02' 48" West a distance of 100.00 feet; thence following the arc of 544.51 foot radius curve left 316.53-feet (chord bears North 70° 41' 59" West 312.09 feet); thence South 77° 04' 11" West a distance of 768.47 feet to the West line of said Section; thence North 00° 29' 31" East along said West line a distance of 1039.99 feet to the North- west corner of said Lot 6; thence South 89° 35' 57" East along the North line of said Lot 6 a distance of 1237.70 feet to the Northeast corner of said Lot 6; thence South 00° 05' 30" East along the East line of said Lot 6 a distance of 1281.70 feet to the point of beginning. SUBJECT TO all easements,:-restrictions and rights- of-way of record, and those common and apparent on the land, with the Bend Metropolitan Park and Recreation District, for land described as: A possibility of reverter and reservation that if this real property ceases to be used for a public use, and more specifically, ceases to be used for free park purposes with the Bend Metropolitan Park and Recreation District, it shall revert to the Grantor; Deschutes County also reserves the timber rights on all marketable timber on said property with the condition that before any other timber is cut on the property, permission must be obtained from the Board of County Commissioners; in the property described as: Parcel 1: That portion of the Southeast Quarter of the Southwest Quarter of Section 23, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, lying North of Shevlin Park Road; North of the land described in the Deed to the City of Bend recorded in Book 30, Page 331, Deed Records, and East of the land described in the Deed to the City of Bend recorded in Book 52, Page 138, Deed Records, EXCEPT the East 229 feet thereof. RESOLUTION NO. 81-015, PAGE 2 VOL 37PACE 972 Parcel 2: The East Half of the Northeast Quarter of the Southwest Quarter and the East Half of the West Half of the Northeast Quarter of the Southwest Quarter of Section 23, Town- ship 17 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, EXCEPT that portion described in the Deed to the City of Bend recorded in Book 52, Page 138, Deed Records; ALSO EXCEPT the East 229 feet thereof. SUBJECT TO all easements, restrictions and rights-of-way of record, and those common and apparent on the land. Section 2. The hearing for the purpose of receiving objections to the above -land trade will be held on Wednesday, May 13, 1981, at the Deschutes County Courthouse Annex, Bend, Oregon, at 10:00 a. m. Section 3. That the Recording Secretary to the Board of County Commissioners shall give notice of this: time and place of hearing set in Section 2 of this Resolution by publication of the Notice, marked Exhibit A, attached hereto and by this reference incorporated herein, in The Bend Bulletin once each week for four consecutive weeks prior to the date o such hearing. DATED this 42 'day of _ , 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PAULSON, JR., Chairman. ALb X'f A. YUUNU, c; issi er ATTEST: SUSAN STONEMAN Recording Secretary RESOLUTION NO. 81-015, PAGE 3 4 VOL 37PACE 973 E X H I B I T A NOTICE On Wednesday, May 13, 1981, at the Deschutes County Courthouse Annex, Bend, Oregon, at 10:00 a.m., the Board of County Commissioners of Deschutes County, Oregon, will hear objections, if any, to the ex- change of real property described as: A possibility of reverter and reservation that if this real property ceases to be used for a public use, and more specifically, ceases to be used for free park purposes with the Bend Metropolitan Park and Recreation District, it shall revert to the Grantor; Deschutes County also reserves the timber rights on all marketable timber on said property with the condition that before any other timber is cut on the property, permission must be obtained from the Board of County Commissioners; in the property described as: A tract of land located in a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at a point on the East line of said Lot 6 from which the Southeast corner of said Lot 6 bears South 00° 05' 30" East a distance of 35.44 feet; thence following the arc of 460.00 foot radius curve left a distance of 186.99 feet (chord bears North 42° 24' 04" West 184.71 feet); thence North 54° 02' 48" West a distance of 100.00 feet; thence following the arc of 544.51 foot xadius curve left 316.53 feet (chord bears North 70° 41' 59" West 312.09 feet); thence South 77° 04' 11" West a distance of 768.47 feet to the West line of said Section; thence North 00° 29' 31" East along said West line a distance of 1039.99 feet to the North- west corner of said Lot 6; thence South 89° 35' 57" East along the North line of said Lot 6 a distance of 1237.70 feet to the Northeast corner of said Lot 6; thence South 00° 05' 30" East along the East line of said Lot 6 a distance of 1281.70 feet to the point of beginning. SUBJECT TO all easements, restrictions and rights- of-way of record, and those common and apparent on the land, with the Bend Metropolitan Park and Recreation District, for land described as: EXHIBIT A, PAGE 1 f VOL 374GE v 74 A possibility of reverter and reservation that if this real property ceases to be used for a public use, and more specifically, ceases to be used for free park purposes with the Bend Metropolitan Park and Recreation District, it shall revert to the Grantor; Deschutes County also reserves the timber rights on all marketable timber on said property with the condition that before any other timber is cut on the property, permission must be obtained from the Board of County Commissioners; in the property described as: Parcel l: That portion of the Southeast Quarter of the Southwest Quarter of Section 23, Township 17 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, lying North of Shevlin Park Road; North of the land described in the Deed to the City of Bend recorded in Book 30, Page 331, Deed Records, and East of the land described in the Deed to the City of Bend recorded in Book 52, Page 138, Deed Records, EXCEPT-the East Z29 feet thereof. Parcel 2: The East Half of the Northeast Quarter of the Southwest Quarter and the East Half of the West Half of the Northeast Quarter of the Southwest Quarter of Section 23, Town- ship 17 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, EXCEPT that portion described in the Deed to the City of Bend recorded in Book 52, Page 138, Deed Records; ALSO EXCEPT the East 229 feet thereof. SUBJECT TO all easements, restrictions and rights-of-way of record, and those common and apparent on the land. DATED this day of 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PA SON, JR., " rman To be published in The Bulletin: April 15, 1981 April 22, 1981 April 29, 1981 May 6, 1981 EXHBIIT A, PAGE 2