2001-706-Order No. 2001-092 Recorded 9/25/2001COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS
REVIEWED COMMISSIONERS' JOURNAL 09/25/2001 01;04;41 PM
UNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Authorizing Sale Pursuant to
Order No. 98-161 (City of Redmond).
Antler Avenue property
ORDER NO. 2001-092
WHEREAS, Order No. 98-161 authorized the sale of certain property to acquire a project
described as the Health and Human Services Building in Bend, Oregon, the Becky Johnson
Community Campus in Redmond, Oregon, and 1031 N.E. Penn Avenue, Bend, Oregon (Project);
WHEREAS, the Board has considered the sale of the property described in Exhibit "A"
attached hereto and by this reference incorporated herein, to the parties and under the terms set forth in
Exhibit `B";
WHEREAS, the property described in Exhibit "A" was listed with the County real estate
broker of record and the bid received was determined to be the fair market value, meeting all criteria
set forth in Exhibit `B"; and
WHEREAS, the Board of County Commissioners finding that the transfer is for not less than
fair market value, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the real property described in Exhibit "A," attached hereto and by this
reference incorporated herein, be sold and transferred pursuant to Order 98-161 for the acquisition of
the Project described above.
Section 2. That upon review and approval of title by the Deschutes County Legal Counsel,
that an earnest money agreement be completed and held until closing.
Section 3. That upon review and approval of title by the Deschutes County Legal Counsel,
PAGE 1 OF 4 - ORDER NO. 2001-092 (CITY OF REDMOND) (09/24/01)
a deed transferring the property is authorized and the Chair is authorized to sign the deed and all
necessary closing documents.
DATED this 1 day of,./(� - , 2001.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
�64
TOM DEWO F, Chair
DTNkrS R. LUKE, ommissioner
MICHAEL M. DALY, ommissioner
PAGE 2 OF 4 - ORDER NO. 2001-092 (CITY OF REDMOND) (09/24/01)
EXHIBIT "A"
A parcel of land being the southwest one-quarter, southeast one-quarter of Section 10, Township 15
South, Range 13 East, Willamette Meridian, Deschutes County, Oregon being more particularly
described as follows:
Beginning at a 2" brass cap in a monument box monumenting the South one-quarter corner of said
Section 10; thence North 00°14'31" West, 1,318.29 feet along the westerly boundary of said southwest
one-quarter of the southeast one-quarter, to a 2" aluminum cap marked Deschutes County Public
Works LS 2140 monumenting the center -south one -sixteenth corner of said Section 10; thence leaving
said westerly boundary, North 89'47'12" East, 1,324.60 feet along the northerly boundary of said
southwest one-quarter of the southeast one-quarter to a 1" iron pipe with yellow plastic cap marked
Povey & Associates monumenting the southeast one -sixteenth corner of said Section 10; thence
leaving said northerly boundary South 00°14'29" East, 1,318.76 feet along the easterly boundary of
said southwest one-quarter of the southeast one-quarter to the east one -sixteenth corner between
Sections 10 and 15, Township 15 South, Range 13 East, W.M.; thence leaving said easterly boundary,
South 89°48'25" West, 1,324.59 feet along the southerly boundary of said southwest one-quarter of the
southeast one-quarter, to the point of beginning.
Excepting therefrom: the westerly 30.00 feet and the southerly 30.00 feet thereof, for the Right of Way
of Ninth Street and Antler Avenue respectively.
Containing approximately 38.29 acres.
SUBJECT TO: All encumbrances of record and those common and apparent on the land.
PAGE 3 OF 4 - ORDER NO. 2001-092 (CITY OF REDMOND) (09/24/01)
EXHIBIT "B"
Pursuant to Order 98-161, the delayed exchange of real property shall be as follows:
1. The Board, by order, shall determine the fair market value of the real property and set the date
proposals will be received to acquire the real property (exchange date) and identify the project to
be acquired with the proceeds of the delayed exchange.
2. Each property selected shall be advertised in a newspaper of general circulation for not less than
two times in the two weeks preceding a bid opening. Additional advertisements may be placed at
the discretion of the property manager.
3. Sealed written proposals for not less than the fair market value shall be received and opened on the
exchange date. Proposals may be for cash or for note and trust deed not to exceed 20 years with
not less than 10 percent (10%) of the proposal price as a down payment. Interest is determined by
the Board as 8.2%. All proposals must be accompanied by a deposit of 10 percent (10%) of
proposal price in the form of a cashier's check payable to Deschutes County.
4. The Board, by order, shall exchange the property for the proposals with the highest proposal price
that is equal to or exceeds the fair market value determined by the Board. If two or more qualified
proposals are of equal price, the proposal received first shall be selected.
5. If a proposal to acquire property under this Order has not closed within 60 days after the exchange
date, all proposals shall be canceled and the real property must be reselected by Board Order to be
available to purchase.
6. Where a property fails to receive an adequate proposal to acquire the property, the acting property
manager may list the property with the County's real estate broker of record.
7. The Board may by order exempt an exchange property from competitive proposal where the public
interest would be served and the real property is exchanged for not less than its fair market value.
PAGE 4 OF 4 - ORDER NO. 2001-092 (CITY OF REDMOND) (09/24/01)