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2007-121-Resolution No. 2007-018 Recorded 2/26/20077GAL V E DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK lid `V 1 COMMISSIONERS' JOURNAL 02/26/2007 04:24:50 PM L COUNSEL IIIIIIII VIIIIIIIIIIIIIIIIII III 2007-122 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing Removal of Restrictive Covenants from Property Owned by the Bend * RESOLUTION NO. 2007 — 018 Metro Park and Recreation District. WHEREAS, on August 22, 2005, Deschutes County, and Bend Metro Park and Recreation District, entered into an Intergovernmental Agreement regarding the removal and transfer of Restrictive Covenants in favor of the County on certain Park District property, known as Eastgate property; and WHEREAS, through the approval of a plan amendment and zone change (PA -05-8 and ZC-05-3) and lot line adjustment (LL -06-132), which County approved, the conditions precedent to the completed removal and transfer of restrictive covenants have been fulfilled; and WHEREAS, as contemplated in the Intergovernmental Agreement, the Bend Metro Park and Recreation District have signed a deed transferring the entire Eastgate property, approximately 760 acres to Deschutes County and presented two separate deeds by which the County would reconvey the property to the District without restrictive covenants on two 80 -acre parcels and subject to restrictive covenants on the balance; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The County has determined that it is in the public interest to accept the conveyance from the Bend Metro Park and Recreation District, set forth in that Bargain and Sale Deed, marked Exhibit 1, attached hereto and incorporated (Tracts A, B and Q. Section 2. The County has determined that the public interest will be furthered by signing the attached deed, marked Exhibit 2, attached hereto and incorporated, conveying two eighty -acre parcels to the Bend Metro Park and Recreation District free of any restrictive covenants (Tracts B and C) Section 3. The County has determined that the public interest will be furthered by signing the attached deed, marked Exhibit 3, attached hereto and incorporated, conveying the parcel to the Bend Metro Park and Recreation District subject to a 20 -year restrictive covenant (Tract A). Section 4. The County Administrator is authorized to sign on behalf of the County the acceptance and the deeds transferring title to the Park District, referred to in Sections 1, 2 and 3 of this resolution. Section 5. This Resolution shall become effective immediately upon its adoption by the Board. PAGE 1 OF 2 — RESOLUTION NO. 2007- 018 (2/14/07) .� DATED this yid, of ATTEST: Recording Secretary PAGE 2 OF 2 — RESOLUTION NO. 2007- 018 (2/14/07) 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTYAREGON T. 0 DALY, Recording requested by and when recorded return to: Sharon R. Smith Bryant, Lovlien & Jarvis, PC PO Box 1151 Bend, OR 97709-1151 Unless a change is requested, all tax statements shall be sent to: Bend Metro Park and Recreation District 200 Pacific Park Lane Bend, OR 97701 BARGAIN AND SALE DEED The true consideration for this transfer is other than money. BEND METRO PARK AND RECREATION DISTRICT, an Oregon special district, Grantor, conveys to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, the following described real property: See attached descriptions of Tract A, Tract B and Tract C, three separate legal lots BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. DATED this day of , 2007. GRANTOR: BEND METRO PARK AND RECREATION DISTRICT r " BY: DON HORTON ITS: EXECUTIVE DIRECTOR Page 1. BARGAIN AND SALE DEED 1917-108 302.doc STATE OF OREGON, County of Deschutes) ss: eday The foregoing instrument was acknowledged before me this of , 2007, by Don Horton, who stated that he is the Executive Director of the Bend Metro Park Qd Recreation District, an Oregon special district and that he is authorized to execute the foregoing instrument on behalf of said entity. OF=SEALBLANOTARYNCOMMI9MISSION EX10 No y Public for Oregon My Commission Expires: to l/ f pl D ACCEPTANCE Deschutes County, acting by and through its Board of Commissioners, does hereby accept the foregoing Bargain and Sale Deed. A DATED this Z—day of2'„P1 , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON SR.L Attest: (NUW_t_' 140'4' Recording Secretary STATE OF OREGON, County of Deschutes ) ss. IIm Before me, a Notary Public, personally appeared Michael M. Daly, Dennis R. Luke, and Tammy Baney, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Before me this %Aay of—�_Jjyk, 2007. 0 ' q - r OFFICIAL SEAL BONNIE BAKER Notary Public for Oregon := NOTARY PUBLIC -OREGON / �1 '' ••" COMMISSION N(3.364212 My Commission Expires: MY COMMISSIONEXPIRE • E5 23, 2007 Page 2. BARGAIN AND SALE DEED 1917-108 302.doc Tract A PROPERTY DESCRIPTION Section Six (6): The South One -Half of the Southeast One -Quarter (S1/2 SE1/4) Section Seven (7): C` The North One -Half of the Northeast One -Quarter (Nl/2NE1/4); the Southeast One - Quarter of the Northeast One -Quarter (SE1/4NE1/4); the East One -Half of the Southeast One - Quarter (E1/2 SE1/4). Section Eight (8): The West One -Half of the Southwest One -Quarter (Wl/2SW1/4). Section Seventeen (17): The Northwest One -Quarter of the Northwest One -Quarter (NW1/4NW1/4). Section Eighteen (18): The North One -Half of the Northeast One -Quarter (N1/2NE1/4), the Southwest One -Quarter of the Northeast One -Quarter (SW1/4NE1/4), the Northwest One -Quarter of the Southeast One - Quarter (NW1/4SE1/4) and the Northeast One -Quarter of the Southwest One -Quarter (NE 1 /4SW 1 /4). All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land. LLREGISTERED PROFESSIONAL AND SURVEYOR OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 _1 RENEWAL DATE: 06/30/08 S:\Land Projects\060202C- EASTGATE\Doc's\Tract a.doc Tract B PROPERTY DESCRIPTION Section Eight (8): The East One-half of the Southwest One -Quarter (E1/2 SW1/4). • All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land. REGISTERED PROFESSIONAL [--,,—AND SURVEYOR OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 RENEWAL DATE: 06/30/08 S:\Land Projects\060202C- EASTGATE\Doc's\Tract b.doc Tract C PROPERTY DESCRIPTION Section Seventeen (17): The East One -Half of the Northwest One -Quarter (E1/2NW1/4). All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land. REGISTERED PROFESSIONAL ND SURVEYOR • / •` OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 RENEWAL DATE: 06/30/08 S:Tand Projects\060202C- EASTGATE\Doc's\Tract c.doc Recording requested by and when recorded return to: Sharon R. Smith Bryant, Lovlien & Jarvis, PC PO Bax 1151 Bend, OR 97709-1151 Unless a change is requested, all tax statements shall be sent to: Bend Metro Park and Recreation District 200 Pacific Park Lane Bend, OR 97701 BARGAIN ,AND SALE DEED The true consideration for this transfer is other than money. DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, has determined pursuant to ORS 271.310(1) that the public interest will be furthered by this conveyance and accordingly, Grantor conveys to BEND METRO PARK AND RECREATION DISTRICT, an Oregon special district, Grantee, the following described real property: See attached descriptions of Tract B & Tract C, two separate legal Iots BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. DATED this 'day of �'�� , 2007. Page 1. BARGAIN AND SALE DEED 1917-108 303.doe GRANTOR - BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 4 MI AEL M. DALY, C air Attest: (&Ula�� G Recording Secretary STATE OF OREGON, County of Deschutes) ss. [[� '7' ' Accepted this_ day of _ ql—k 2007: BEND METRO PARK AND RECREATION DISTRICT BY: DON HORTON ITS: EXECUTIVE DIRECTOR Before me, a Notary Public, personally appeared Michael M. Daly, Dennis R. Luke and Tammy Baney, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Before me this �2ay of "' , 2007. OFFICIALS AL 80NNIE BAKER NOTARY PUBLIC -OREGON Notary Public for Oregon COMMISSION NO. 364212 MY CQMMISSI0 XP1RES FEB.23,2 07 My Commission Expires: 7 STATE OF OREGON, County of Deschutes) ss: The foregoing instrument was acknowledged before me this _ day of , 2007, by Don Horton, who stated that he is the Executive Director of the Bend Metro Park and Recreation District, an Oregon special district and that he is authorized to execute the foregoing instrument on behalf of said entity. Notary Public for Oregon My Commission Expires: Page 2. BARGAIN AND SALE DEED 1917-108 303.doc Tract B PROPERTY DESCRIPTION Section Eight (8): The East One-half of the Southwest One -Quarter (El/2 SW1/4). All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land. REWTERED PROFESSIONAL L__�_AND SURVEYOR OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 RENEWAL DATE: 06/30/08 S:\ =d Projects\0602020-EASTGATE0aC's\Tractb.doc 0 Tract C Section Seventeen (17): PROPERTY DESCRIPTION The East One -Half of the Northwest One -Quarter (El/2NWI/4). All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land. REGISTERET7 PROFESSIONAL LAND SURVEYOR 671WAW��� JULY 19, 1994 DAVID R. WILLIAMS 2686 RENEWAL DATE= 06/30/08 S:%and Projects\060202C- EASTGATE\Doc's\Tract CA= Recording requested by and when recorded return to: Sharon R. Smith Bryant, Lovfien & Jarvis, PC PO Box 1151 Bend, OR 97709-1151 Unless a change is requested, all tax statements shall be sent to: Bend Metro Park and Recreation District 200 Pacific Park Lane Bend, OR 97701 BARGAIN AND SALE DEED The true consideration for this transfer is other than money. DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to BEND METRO PARK AND RECREATION DISTRICT, an Oregon special district, Grantee, the following described real property, pursuant to ORS 271.330, subject to a restrictive covenant that the Property shall be used for not less than 20 years for a public purpose: See attached description of Tract A BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE 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, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. en A DATED this / _ Q -day of (LC , 2007. GRANTOR: Page 1. BARGAIN AND SALE DEED 1917-108 304.doe BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MICKAEL M. DALY, Ch D G— 2 0 7 �3 Attest: Recording Secretary STATE OF OREGON, County of Deschutes) ss. Accepted this _ day of , 2007: BEND METRO PARK AND RECREATION DISTRICT BY: DON HORTON ITS: EXECUTIVE DIRECTOR Before me, a Notary Public, personally appeared Michael M. Daly, Dennis R. Luke and Tammy Baney, the above-named Board of County Commissioners of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. 2007. OFFICIAL SEAL BONNIE BAKER NOTARY PUBLIC OREGON COMMISSION NO. 364212 Notary Public for Oregon MY C�M�d S�10 � r,'7 F'13, 2s 2007 M Commission Ex fires: h_ _... .� Y p , Ua7 STATE OF OREGON, County of Deschutes) ss: The foregoing instrument was acknowledged before me this _ day of , 2007, by Don Horton, who stated that he is the Executive Director of the Bend Metro Park and Recreation District, an Oregon special district and that he is authorized to execute the foregoing instrument on behalf of said entity. Notary Public for Oregon My Commission Expires: Page 2. BARGAIN AND SALE DEED 1917-108 304.doc Tract A PROPERTY DESCRIPTION Section Six (6): The South One -Half of the Southeast One -Quarter (Sl/2 SEI/4) Section Seven (7): The North One -Half of the Northeast One -Quarter (N1/2NE1/4); the Southeast One - Quarter of the Northeast One -Quarter (SE IANE 1/4); the East One -Half of the Southeast One - Quarter (EI/2 SE1/4). Section Eight (8): The West One -Half of the Southwest One -Quarter (W 1/2SW 1 /4). Section Seventeen (17): The Northwest One -Quarter of the Northwest One -Quarter (NWl/4NW1/4). Section Eighteen (18): el The North One -Half of the Northeast One -Quarter (Nl/2NE1/4), the Southwest One -Quarter of the Northeast One -Quarter (SW1/4NE1/4), the Northwest One -Quarter of the Southeast One - Quarter (NW 1/4SE1 /4) and the Northeast One -Quarter of the Southwest One -Quarter (NEI/4SW I/4). All located in Township 18 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon Subject to: All easements, rights-of-way of record and those common an apparent on the land_ RENEWAL DATE: 06/30/08 &U -and Proiects\060202C- EASTGATE\Doc's\Tra; t a.doc