33-408-Order Recorded 10/23/1979VOL
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR.DESCHUTES COUNTY
In the Matter of )
Exchange of Certain Real ) O R D E R
Properties with the )
City of Redmond )
33 PAGE 408
This matter having come.before the regular term of the Board of County
Commissioners for Deschutes County on October 15, 1979, on the advice of Louis
Dvorak, County Counsel, and William D. Lyche, P.E., representing Century West
Engineering Corporation, an agent of the City of Redmond, a municipal corporation,
the Board finds as follows:
1. On March 21, 1979, this Board ordered the exchange of certain lands pur-
suant to ORS 271.330 and 271.530 with the City of Redmond, a municipal corporation.
2. A.deed was executed by the Board of Commissioners on the 5th day of April,
1979, conveying certain lands described therein in accordance with the Board's
Order of March 21, 1979; this deed of April 5, 1979, was erroneous in that it pur-
ported to convey the following described lands, which Deschutes County did not own:
A tract of land containing 2.00 acres, more or less, located
in the South 1/2 of the Northeast 1/4 of Section 29, Township
15 South, Range 13 East, Willamette Meridian, Deschutes County,
Oregon, being more particularly described as follows:
All that portion of the South half of the Northeast Quarter
(Sl/2NE1/4) of Section Twenty Nine (29), Township Fifteen (15)
South, Range Thirteen (13) East of the Willamette Meridian,
lying East of the Oregon Trunk Railroad right of way.
3. The original transaction between Deschutes County and the City of Redmond
was based on an appraisal report prepared by Jack C. Lewis, real estate appraiser,
dated March 1, 1979. That appraisal valued the land that Deschutes County conveyed
to the City of Redmond on April 5, 1979, at Ten Thousand Six Hundred One Dollars
and Eighty-one Cents ($10,601.81) per acre. The land conveyed by the City of Redmond
to Deschutes County in the exchange was valued at Six Thousand Six Hundred Eighty-nine
Dollars and Eighty-seven Cents($6,689.87) per acre. By pro-rating these values, the
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VOL 33 FA£E J9
Board concludes that the lands not owned by the County, mistakenly conveyed to
the City of Redmond by its deed of April 5, 1979, were valued at Twenty-One Thousand
Two Hundred Three Dollars and Sixty-One Cents ($21,203.61).
4. ORS 271.330 requires that lands exchanged between the County and the
City of Redmond must be equal in value; the lands conveyed by the City of
Redmond to Deschutes County by its deed dated April 30, 1979, exceeded the value of
the lands conveyed by the County to the City of Redmond by $21,203.61. Under the
authority of ORS 271.530 the Board found it was in the best interests of Deschutes
County to convey the lands described therein to the City of Redmond as an industrial
facility defined by ORS 271.510(2). The lands described below are found by the
Board to have a value of Twenty-One Thousand Two Hundred Six Dollars and Eighty
Nine Cents ($21,206.89), based on a pro-ration of the per acre value of Six Thousand
Six Hundred Eighty-Nine Dollars and Eighty-seven Cents($6.689.87) established by
the appraisal report of Jack C. Lewis mentioned above. It will equalize the values
of the property exchanged if the City of Redmond pays Deschutes County $3.28 and
Deschutes County thereupon quitclaims to the City of Redmond the 3.17 acre tract
described below:
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. The Board shall quitclaim to the City of Redmond the following described
property not needed for public use, which transfer is in the best interests of
Deschutes County:
A tract of land containing 3.17 acres, more or less, located
in the North Half (Nl/2) of Section 26 and the North Half
(NI/2) of Section 27, Township 15 South, Range 13 East of
the Willamette Meridian, Deschutes County, Oregon, being more
particularly described as follows:
Beginning at the East Quarter (El/4) of said Section 27, thence
following the East-West centerline of said Section 27, North
89047'00" West, 5,300.10 feet, more or less; thence West follow-
ing the East-West centerline of said Section 28, 1,427.00 feet,
more or less, thence on a line 1,250 feet southeasterly of and
parallel with the centerline of Redmond Municipal Airport Runway
4-22, North 60031'00" East, 3,474.66 feet to the "True Point of
Beginning" for this description; thence South 89047'00" East,
3,712.30 feet, more or less; thence South 89051'00" East,
2,396.07 feet, more or less; thence South 58033'58" East,
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VOL 33 FADE 410
following a line 1,250 feet southwesterly of and parallel with
Redmond Municipal Airport Runway 10-28, 47.55 feet, thence North
89047'00" West 6,187.33 feet to the said line parallel with
Runway 4-22; thence North 60031100" East following the said
parallel line 44.10 feet to the "True Point of Beginning" the
terminus of this description, subject to all easements, restrictions
and rights-of-way of record.
2. No engineering, surveying, appraisal, or other incidental costs will
be paid by Deschutes County in connection with this transaction.
3. The Deschutes County Counsel shall receive the deeds of conveyance
involved in this transaction and shall record them when he has received payment for
the cost of recording the deed plus $3.78 for the County Land Sale Fund.
DATED this ~2 r a y of October, 1979.
BOARD OF COUNTY COMMISSIONERS
Chairman
Commissioner
Commissioner
Distribution:
City Manager, Redmond, Oregon
Frank MacMurray, Esq.
William Lyche, Century West
Engineering Corp.
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