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2017-686-Resolution No. 2017-042 Recorded 10/17/2017REVIEWED 1...,GAL COUNSEL Recorded in Deschutes County Nancy Blankenship, County Clerk CommissionersJournal CJ2017-686 10/17/2017 12:53:58 PM 1,101111111111111111111111111111 BEFORE THE BOARI) OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing a Donation of Surplus Land to The tinned State of America for Use by the United States Forest Service.* * RES01...UTION NC). 2017-042 * WHEREAS, Deschutes County received the property (as legally described in Exhibit A attached hereto) in 1998 as a result of a street right of way vacation approved hy the City of Bend to facilitate U.S. Highway 97 construction; WHEREAS, the 0.17 acre property is currently and has historically been used as part of the U.S. Forest Service compound located at Second Street and Scott Street, in Bend; WHEREAS, Deschutes County has determined that the property is surplus and is not needed tbr any specific purpose to further Deschutes County interests; and, WHEREAS, The property meets the requirements ofORS 275.070 for a sale or donation to the United States, without need for a provision for reversion to the County. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. America. The property is declared surplus and appropriate for donation to the United States of Section 2. The donation complies with ORS 275.070. Section 3. A Donation Deed, attached as Exhibit A to this Resolution, is authorized by the Board of Commissioners for Deschutes County for transfer of ownership of the property to the -United State of America. Deschutes County Document No. 2017-042 DATED this day of ibbte" 2017, BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair A Deschutes County Document No. 2017-042 D1RSON. omniissioner EXHIBIT A TO RESOLUTION 2017-042 WHEN RECORDED MAIL TO: Deschutes National Forest 63095 Deschutes Market Rd Bend, OR 97701 Attn: Jeff Sims SEND TAX STATEMENT TO: DONATION DEED Tax Exempt Status Deschutes National Forest DES #181BD Deschutes County, a municipal corporation, by its Board of Commissioners, Grantor, as authorized by ORS 275.070 and Deschutes County Board of County Commissioners Resolution No. 2017-042, does hereby convey, warrant, and donate unto the UNITED STATES OF AMERICA, Grantee, and its assigns, pursuant to the Acceptance of Gifts Act of October 10, 1978 (92 Stat. 1065), all of the following described real property in the County of Deschutes, State of Oregon, free of encumbrances except as specifically set forth herein: Willamette Meridian T. 18 S,, R. 12 E., A portion of the NE1/4NE1/4, Section 5, more particularly described as follows: A parcel of land in the City of Bend, Deschutes County, Oregon; the said parcel being that portion of Southeast Aune Street as described in the Vacation Ordinance Number NS -1705 recorded as Document Number 1998-55886, Deschutes County Records; the said parcel of land is described as follows: Beginning at a point on Southeastery right of way line of Southeast Aune Street marked by a steel rod, said point being 480.99 feet South and 375.32 feet West of the Northeast corner of Section 5, Township 18 South, Range 12 East, W.M.; thence South 502 22' 17" West along said right of way line 89.78 feet to the true point of beginning; thence along said right of way line 214.95 feet to a point; thence North 132 23' 59" West 44.59 feet to a point on the Northwesterly right of way line of Southeast Aune Street; thence North 502 22' 17" East along said right of way line 156.64 feet to a point; thence South 832 36' 38" East 55.59 feet to the true point of beginning. Bearings are based on Oregon Department of Transportation Survey. See Drawing No. 1A- 22-18, dated July 1, 1993. Donation Deed — Deschutes County to USA Page 1 of 3 The parcel of land to which this description applies contains 7,440 square feet more or less. The true and actual consideration for this conveyance stated in terms of dollars is zero. Value, other than dollars, constitutes the consideration given for the conveyance of the property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, , 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, 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 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The acquiring agency is the Forest Service, U.S. Department of Agriculture. Dated this 2/ day of U fie --f' , 2017. OFFICIAL STAMP SHARON RENEE ROSS NOTARY PUBLIC -OREGON COMMISSION NO. 928178 MY COMMISSION EXPIRES MAY 04, 2018 Donation Deed — Deschutes County to USA BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair a? -06/2 - ANTHONY DEBONE, Vic PHILIP G. H DERSON, Commissioner Page 2 of 3 ACKNOWLEDGMENT STATE OF OREGON )ss. County of Deschutes Before me, a Notary Public, personally appeared , ANTHONY DEBONE, and PHILIP G. HENDERSON, the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of OcLi 2017, Notary P blic for Orega My Commission Expires: OFFICIAL STAMP SHARON RENEE ROSS NOTARY PUBLIC -OREGON COMMISSION NO. 928178 MY COMMISSION EXPIRES MAY 04, 2018 Approved as to consideration, description, reservations or conditions, and form. ,lea 7/4 SDA Forest Service cLLT 9a0hl0l7 Date Donation Deed — Deschutes County to USA Page 3 of 3 OREGON DEPARTMENT rOF REVENUE Certification of Charges Paid (2015 Oregon Laws Chapter 96) Certification 4r Account #198014 Al charges against the real property have been paid for the property that is the subject of the deed between: Grantor DESCHUTES COUNTY, a municipal corporation, by its Board of Commissioners Grantee UNITED STATES OF AMERICA Signed On (date) and tor consideration of $ GIFT IDate I September 21, 2017 150-310-411 (Rev. 10-15)