2009-95-Resolution No. 2009-008 Recorded 3/6/2009REV/ IE D
LEGAL C UNSEL
L
DESCHUTES COUNTY OFFICIAL RECORDS OJ 1009'95
NANCY BLANKENSHIP, COUNTY CLERK
COMMSSIONERS' JOURNAL 03/06/Z009 08:05:09 AM
1111111 11
2009-95
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring the Intention of
Deschutes County to Exchange Real Property * RESOLUTION NO. 2009-008
with the Bend Metro Park & Recreation
District, Setting Hearing Date for the Purpose
of Hearing Objections and Providing Notice.
WHEREAS, ORS 271.330 authorizes a political subdivision to convey real property to a
municipal corporation for the creation of open space, parks or natural areas for perpetual public use
and provides that the Board of County Commissioners shall declare its intention to exchange real
property by proper resolution; and
WHEREAS, Deschutes County intends to exchange real property with the Bend Metro Park &
Recreation District to facilitate rerouting the Haul Road Trail, and
WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed
exchange of real property described in Exhibit "A" attached hereto and incorporated herein by this
reference; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board of County Commissioners of Deschutes County hereby declares its
intention to exchange real property with the Bend Metro Park & Recreation District.
Section 2. The real property to be exchanged by Deschutes County is described in Exhibit "A".
Section 3. A hearing for the purpose of receiving objections to the above described land
exchange will be held at 10:00 a.m. on Wednesday, April 1, 2009 in the Board of County
Commissioners Hearing Room of the Deschutes County Services Building, 1300 NW Wall Street,
Bend, Oregon.
Section 4. The Deschutes County Property Specialist shall give notice of the time and place for
the hearing set in Section 3 of this Resolution by publication of the notice marked Exhibit "B",
attached hereto and by this reference incorporated herein, in "The Bulletin" once each week for two
consecutive weeks, with the last publication being at least seven days prior to the date of such hearing.
Section 5. This land exchange is conditioned upon the Bend Metro Park & Recreation District
receiving approval for a lot line adjustment and resolving all appeals, if any, that will create the parcels
depicted in Exhibit "C", attached hereto and by this reference incorporated herein, shown as "Adjusted
Tax Lot Configuration".
PAGE 1 OF 2 - RESOLUTION NO. 2009-008 (03/04/2009
Section 6. The Deschutes County Property Specialist shall prepare deeds for signature by the
Board of County Commissioners to accomplish the conveyances described in this Resolution.
DATED this �— day of ' Y I C�G� , 2009.
ATTEST:
oil
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES CO OREGON
TAMMY BANEY, Chai
d
DENNIS R. LUKE, Vice Chair
OZ414- �&Oee-�
ALAN UNGER, Commissioner
PAGE 2 OF 2 - RESOLUTION NO. 2009-008 (03/04/2009
EXHIBIT A
Deschutes County to BMP&RD
A parcel of land containing 1.31 acres, more or less, located in a portion of the
Southwest One-quarter (SW1/4) of Section 12, Township 18 South, Range 11
East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more
particularly described as follows:
Commencing at a 5/8" iron rod with yellow plastic cap marked "W&H PACIFIC"
which marks the northwest corner of Common Lot 'H' of the plat of 'Braeburn,
Phase III'; thence along the northerly prolongation of the westerly boundary of
said plat North 00023'24" East a distance of 41.04 feet to a point on the north
boundary of the 100 foot wide strip of land described in deed recorded in Volume
44, Page 640 of Deschutes County Deeds; thence along said north boundary
South 70043'10" West a distance of 226.05 feet to the true Point of Beginning
of this description; thence continuing along said north boundary South 70043'10"
West a distance of 925.39 feet to a point on the east boundary of the 60 foot
wide access tract described in warranty deed recorded in Volume 138, Page
2630 of Deschutes County Official Records; thence along said east boundary
North 01 024'10" East a distance of 54.76 feet to a point on the south right-of-way
line of the Cascade Lakes Highway (also known as Century Drive); thence along
said south right-of-way line North 70°43'10" East a distance of 1307.24 feet to a
point on said north boundary of said 100 foot wide strip of land; thence along said
north boundary South 6302634" West a distance of 404.46 feet to the point of
beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those
common and apparent on the land.
Page 1 of 2
EXHIBIT A
BMP&RD to Deschutes County
A parcel of land containing 1.31 acres, more or less, located in a portion of the
Southwest One-quarter (SW1/4) of Section 12, Township 18 South, Range 11
East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more
particularly described as follows:
Commencing at a 5/8" iron rod with yellow plastic cap marked "W&H PACIFIC"
which marks the northwest corner of Common Lot 'H' of the plat of 'Braeburn,
Phase III'; thence along the west boundary of said plat South 00°23'24" West a
distance of 39.02 feet to a point on the south boundary of the 100 foot wide strip
of land described in deed recorded in Volume 44, Page 640 of Deschutes County
Deeds; thence along said south boundary South 63°26'34" West a distance of
607.96 feet to a point on the centerline of the roadway easement described in
easement recorded in Volume 135, Page 279 of Deschutes County Records;
thence along said centerline North 02006'04" East a distance of 113.96 feet to a
point on the north boundary of said Volume 44, Page 640; thence along said
north boundary North 63026'34" East a distance of 365.36 feet; thence leaving
said north boundary North 70°43'10" East a distance of 226.05 feet to a point on
the northerly prolongation of said west boundary of 'Braeburn, Phase III"; thence
along said prolongation line South 00°23'24" West a distance of 41.04 feet to the
point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those
common and apparent on the land.
Page 2 of 2
PUBLIC NOTICE
On Wednesday, April 1, 2009 at 10:00 a.m. in the Board Hearing Room of the Deschutes County
Services Building, 1300 NW Wall Street, Bend, Oregon, the Board of County Commissioners of
Deschutes County will hold a hearing on an exchange of real property with the Bend Metro Park
& Recreation District.
The real property to be transferred by the above referenced parties is generally described as
follows:
Deschutes County to Bend Metro Park & Recreation District:
A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One-
quarter (SW1/4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of
Bend, Deschutes County, Oregon, being more particularly described as follows:
Commencing at a 5/8" iron rod with yellow plastic cap marked "W&H PACIFIC" which marks
the northwest corner of Common Lot `H' of the plat of `Braeburn, Phase III'; thence along the
northerly prolongation of the westerly boundary of said plat North 00°23'24" East a distance of
41.04 feet to a point on the north boundary of the 100 foot wide strip of land described in deed
recorded in Volume 44, Page 640 of Deschutes County Deeds; thence along said north boundary
South 70'43'10" West a distance of 226.05 feet to the true Point of Beginning of this description;
thence continuing along said north boundary South 70°43'10" West a distance of 925.39 feet to a
point on the east boundary of the 60 foot wide access tract described in warranty deed recorded
in Volume 138, Page 2630 of Deschutes County Official Records; thence along said east
boundary North 01 '24'10 " East a distance of 54.76 feet to a point on the south right-of-way line
of the Cascade Lakes Highway (also known as Century Drive); thence along said south right-of-
way line North 70°43'10" East a distance of 1307.24 feet to a point on said north boundary of
said 100 foot wide strip of land; thence along said north boundary South 63°26'34" West a
distance of 404.46 feet to the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common and
apparent on the land.
Bend Metro Park & Recreation District to Deschutes County:
A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One-
quarter (SWI/4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of
Bend, Deschutes County, Oregon, being more particularly described as follows:
Commencing at a 5/8" iron rod with yellow plastic cap marked "W&H PACIFIC" which marks
the northwest corner of Common Lot `H' of the plat of `Braeburn, Phase III'; thence along the
west boundary of said plat South 00°23'24" West a distance of 39.02 feet to a point on the south
boundary of the 100 foot wide strip of land described in deed recorded in Volume 44, Page 640
of Deschutes County Deeds; thence along said south boundary South 63°26'34" West a distance
of 607.96 feet to a point on the centerline of the roadway easement described in easement
recorded in Volume 135, Page 279 of Deschutes County Records; thence along said centerline
EXHIBIT
Page 1 of 2ZF,nQa
North 02°06'04" East a distance of 113.96 feet to a point on the north boundary of said Volume
44, Page 640; thence along said north boundary North 63126'34" East a distance of 365.36 feet;
thence leaving said north boundary North 70°43'10" East a distance of 226.05 feet to a point on
the northerly prolongation of said west boundary of `Braeburn, Phase IIP'; thence along said
prolongation line South 00°23'24" West a distance of 41.04 feet to the point of beginning, the
terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those common and
apparent on the land.
Any person may appear and make objections to the proposed exchange.
Deschutes County meeting locations are wheelchair accessible. Deschutes County provides
reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech
disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571
regarding alternative formats or for further information.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
To be published in The Bulletin:
To be posted:
Page 2 of 2
RECORD Of SURVEY- CITY Of BEND LOT LINE ADJUSTMENT PZ 08-387
LOCATED INA PORTION OF THE SW 1/4 Of SECTION 12,
T18S, R 11 E, W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON
ADJUSTED TAX LOT CONFIGURATIONADJ TL501
1,92 acres
DEED FROM
BEND METRO
PARKS
TO
BEND METRO
PARKS
EXHIBIT
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PREPARED BY
ADJ TL300
2.24 acres
HWA,NC
DEED FROM
DESCHUTES
COUNTY
TO DESCHUTES
gUfVe OTS en IneefS IcnneFS
Y 9 P
COUNTY
389 SW SCALEHOUSE COURT, SUITE 100
BEND, OREGON 97702
PHONE: 541.389.9351 FAX: 541.388.5416
SHEET I OF 1
080802 LLAdj MGp.DWG
EXHIBIT
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aoCA- 009