HomeMy WebLinkAboutDoc 020 - Release Agrmt - TetherowDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 1130/13
Please see directions for completing this document on the next page.
DATE: 1110113
FROM: Will Groves. CDD
TITLE OF AGENDA ITEM:
Consideration and Signature of Document No. 2013-020, Releasing a Development Agreement by and
between the City of Bend, Deschutes County, and Cascade Highlands Limited Partnership.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On November 29,2000, Deschutes County, the City of Bend, and Cascade Highlands Limited
Partnership (CHLP) entered into a development agreement to provide the City of Bend a $500,000
contribution to the Southern Bridge in exchange for providing CHLP a right to develop a Destination
Resort (Tetherow) for a seven-year period without additional off-site transportation impact mitigation
and a seven-year vesting of the land use standards with would apply to such applications.
CHLP's successor in interest. Arrowood LLC, fulfilled CHLP's obligations under the agreement and the
agreement expired without extension on November 29,2007. The City of Bend officially released this
agreement on November 27,2012. An owner of property in Tetherow has requested that the County
release the agreement as well.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve signature of Document 2013-020 .
ATTENDANCE: Will Groves, Legal
DISTRIBUTION OF DOCUMENTS:
Original to Will Groves.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After recording, return to:
Deschutes County Planning, 117 NW Lafayette Ave., Bend, Or 97701
RELEASE OF AGREEMENT
Reference is hereby made to that certain Development Agreement (the "Agreement") recorded in
the Deschutes County Official Records, on December 5, at 2000-49183, encumbering certain real
property described on Exhibit A.
Pursuant to Section 17 of the Agreement, and because Cascade Highlands Limited Partnership
has completed the obligations under the Agreement, Deschutes County hereby releases and discharges the
Property from the obligations under the Agreement.
This release constitutes an unconditional release of all rights against the Property under the
Agreement by the undersigned, and an acknowledgement by the undersigned that neither the Property nor
the owner of the Property shall have any further obligations under the Agreement.
Dated this ___of _____, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTEST:
TAMMY BANEY, Vice Chair
Recording Secretary
STATE OF OREGON
County of Deschutes
)
)
)
ss.
ANTHONY DEBONE, Commissioner
Before me, a Notary Public, personally appeared ALAN UNGER, TAMMY BANEY, and ANTHONY
DEBONE, 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 _____-', 2013.
Notary Public for Oregon
My Commission Expires: _________
PAGE 1 OF 1 -DOCUMENT NO. 2013-020, RELEASING DEVELOPMENT AGREEMENT at Book 2000, Page 49183
EXHIBIT"Aff
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ADJlJSTED 181 ioo TAX LOT 100 Rl
A pm:ci of land, Iccated in Scc:t:ioo I, Sectioa 2. the east half of tlia ~half (lUll Bll2) of Sectkm II,
the SOUIhwest quarter (SW1I4). fh= west half of',the northeast quarla (WlfZ NBlI4),. and the northwest
qwiItEt (NW1/4)of Scdion 12, all in Towuhip 18 South, Rmlgc ] 1 East. WiDamette Meridian.
Dcsclwtes ~,Oregon. DlOlO particuLvly described IS foUows:' '
That parcel ofIImd desai'bed in deed to CaScade Hlghhmds Limited Partnership. recorded in voiume 252,
page 2196, OD,Dccanbcr 19, 1991, in Desc.b.utc:s Cooaty ReconJs. ,
TO~wtrII: That Pomoo of the soulhwest qimrter (SW1/4) of SccIiOll. 12. lJi08 J1Ortl:lfzly of
Cascade Lakes HighwaY. abo.knDwn as ~Drive.
ltXCEPT.1NG TBEREJ.I'llOM: 'That portion of the uOrtbwcsl ~(NW1I4) ofsectiQll I, COIl'Y'CIyed to
SICYI.JNER.S stJMMlT I...IMITHD PAR.1'NER:SHIP, recorded Junc 28, 1996, in volume 414, page 2085.
Deschutes County Records,..aod tb:at portion of the nartbcast qt.IIU't8r of section 12, c;oaveyed to
S~YLINERS SUMMIT L1MITED PARTNERSHIP. recorded July 11. 1991, in volume 454, page 1916,
Deschutes County R.ccords. and that portion ofMetolius DriYC lying in the northeast quarter (NB1I4) of
said section 12., 8Ild the SE1I4 ofuid Section I,
ALSQ EXCEPrlNG TllERD'ROM: That portion of the southwest quarter (SWII4) ofSection 12,
within Campbell Road. Lundgren Road and SWareDS Road. ' .
ALSO EXCEPTING 'l'HERDROM: A parcel of land, located in the southwest quarter (SW1I4) of
Section 12. ToWJJShjp 18 South" Range 1J East., Willamette MeridiaD. Desdmt:cs County, Oregon, 'more .
, particuJarJy dcscnDed as fbDows;
Commencing at the ceoter one-quart.cr c:oma' of said section 12 (momnnemod by a 3" btalS cap II'J.8.I'bd
"'David EVBDS and Associates", TIgS. RilE, C1I4, S12. PLS 1068, 1990, the iuitiaJ point and the true
paiDt ofbeglnDlna: theace SOUIhOO"42'2S" West aloog the east botmduyoisaid SWII4 of said section
12, is well as tbI.t west. bouI1dmy Of Lot l, Block: 7. "First On The am SUet". 4SO.34 feet; thCDCC Nor1h .
89"17'35" West, 30.00 feet; thcoce South 00°42'25" west. 30.00 feet west of and parallel with said east
boundary, 833.21 feet to the IIOI'theiJy right~f-way (JJW) ofWat Campbell Road, dedicated February,
1965 in Volume 9, Page 32S, Deschutes County Commissioners Jouma1s; thence 8Iong the:: arc of a
, 1 13;2() foot radius ~to the right. along said R1W, throuah a centraI,anIte'~f 28"47'00"', an arc length
of 56.87 feet (the chord of whkh bears 80mb. 15"05'55" West. SO.27 feet); thence soUth 29"29'25" West.
along said RJW, 279.54 feet; thence along the arc ofa t 13.20 foot radius CUJVC to the 'right. along said
R1W. through A central angle of 41 GS6'W', an arc ICDgth of 82.85 feet (the chord oC wbK:b bcan; South
50"'27'25'" Wc:st. S1.0t feet); theoce South 11°25'2.5" West along said RIW, 306.80 feet; tbalcc leaving
said RIW, North'OOO42'25" ~530.00 feel. wat of and parallel with said cast boundary, 301.85 feet;
thence north 76"30'00" East. 206.31 feet; tbe:.nc:e North 00"42'25" &st. 330.00 feet west of aDd parallel
wi.th said east boundaJy, 415.00 feet; thence North 89"t 7'3S" West, 200.00 feet: thence NOrth 00042 '25"
East,530.00 feet Wcsl of and parallel with said east boundary, 400.00 feet; thence North 6S"OO'OO" East,
221.97 feet; thaace North 00"42'25" pst. 330.00 feet west of and parallel with said east boundary,
. 470.00 feet to the north bo!.mdcrry of said SW1/4; thence South age4S'24" East alol18 said north boundary,
330,01 feet to the true point ofbeg.inning.
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Page] of 1 -EXHIBIT A to RELEASE OF AGREEMENT, DC DOCUMENT NO. 2013-020