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HomeMy WebLinkAboutDoc 251 - Bargain-Sale Deed - City of La PineDeschutes 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 June 4,2014 Please see directions for completing this document on the next page. DATE: May 7, 2014 FROM: James Lewis Property& Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2014-251, a Bargain and Sale Deed of788.66 acres to the City of La Pine. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: In April, 2014, as a result of the La Pine Land Conveyance Act of2012, the United States of America, through the Bureau of Land Management (BLM,) conveyed an 829 acre tract ofland along the eastern boundary of the City of La Pine to Deschutes County. As noted in the Land Patent conveying the property (referred to therein as "Parcel B"), the tract is intended for future expansion of the La Pine sewer treatment system and related uses. Subsequently, Parcel 1 was formally created via partition from the larger BLM tract of which it was a part through Partition Plat 2014-9, recorded in Deschutes County. The partition included necessary right of way dedications and easements which reduced the overall size of the parcel. As a result, the net area of the property is now 788.66 acres. Pursuant to the La Pine Land Conveyance Act of 2012 and the intended future use of the parcel, Deschutes County is conveying Parcell of Partition Plat 2014-9 to the City of La Pine. However, pursuant to ORS 271.330 which authorizes Deschutes County to convey property to any governmental body in the State of Oregon, this property is being conveyed with a 20-year reversionary clause to ensure the property is used for public purposes as intended by the La Pine Land Conveyance Act of2012. FISCAL IMPLICATIONS: No on-going implications. Deschutes County will convey the property to the City of La Pine for no cost. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2014-251 ATTENDANCE: James Lewis, Property Manager DISTRIBUTION OF DOCUMENTS: Original to James Lewis. REVIEWED LEGAL COUNSEL For Recording Stamp Only After Recording, Return To: City of La Pine c/o Rick Allen, City Manager P. O. Box 2460 La Pine, OR 97739 BARGAIN AND SALE DEED DESCHUTES COUNTY, a political subdivision of the State of Oregon, "Grantor", conveys to the CITY OF LA PINE, an Oregon municipal corporation, "Grantee", the following described real property: Parcel 1, Partition Plat No. 2014-9, Deschutes County, Oregon, as recorded in the Deschutes County Official Records, 2014-13715 SUB..IECT TO all encumbrances of record and those common and apparent on the land; and, providing that such real property shall be reserved and used for a public sewer system as specified in the United States of America La Pine Land Conveyance Act of 2012 for not less than 20 years, or ownership shall revert to Deschutes County. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S 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 true consideration for this conveyance zero dollars ($0) as a result of the United States of America La Pine Land Conveyance Act of 2012. DATED this __ day of ____" 2014. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATIEST: ANTHONY DEBONE, Vice-Chair Recording Secretary ALAN UNGER, Commissioner DOCUMENT NO. 2014-251 1 STATE OF OREGON ) ) ss. County of Deschutes ) Before me. a Notary Public. personally appeared TAMMY BANEY. ANTHONY DEBONE. and ALAN UNGER 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 _____• 2014 My Commission Expires: ________ Notary Public for Oregon 1 1 I DOCUMENT NO. 2014-251 2 1 j