HomeMy WebLinkAboutDoc 259 - Bargain-Sale Deed - La Pine Park-RecDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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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 2014-259, a Bargain and Sale Deed of 144.5 acres to the
La Pine Park and Recreation District.
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 a 150 acre tract of land along the western
boundary of the City of La Pine to Deschutes County. As noted in the Land Patent conveying the
property (referred to therein as "Parcel A"), the tract is intended for outdoor recreation, open space, or
public parks, including a rodeo ground. The land conveyed to Deschutes County was subsequently
adjusted (Deschutes County File #LL-13-15) to create a separate and legal 144.5 acre tract, and to
reflect a separate and previously created 3.23 acre legal lot that was included in the conveyance from
the BLM. The boundary adjustment also reflected existing right of way dedications and easements
which reduced the overall size of the true conveyance. Pursuant to the La Pine Land Conveyance Act
of 2012 and the intended future use of the property as described therein, Deschutes County is conveying
the 144.5 acre tract to the La Pine Park and Recreation District for such purposes. 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 of 2012.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County will convey the property to the La Pine Park and
Recreation District for no cost.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-259
ATTENDANCE: James Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
La Pine Park & Recreation District
clo Bob Schulz, Executive Director
P.O. Box 664
La Pine, OR 97739
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, "Grantor", conveys to the LA PINE
PARK AND RECREATION DISTRICT, "Grantee", the real property described in "Exhibit A" attached
hereto:
SUBJECT 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 outdoor recreation, open space, or public
parks, including a rodeo ground, 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. 2014-259 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
DOCUMENT NO. 2014-259 2
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land containing 144.50 acres, more or less, located in the West One-Half (W 112) of
Section 15, Township 22 South, Range 10 East, Willamette Meridian, Deschutes County, Oregon,
being more particularly described as follows:
The South One-Half of the Northeast One-Quarter of the Northwest One-Quarter (SII2 NE1J4
NWII4), the Southeast One-Quarter of the Northwest One-Quarter of the Northwest One-Quarter
(SE1I4 NWI/4 NW1I4), the Southeast One-Quarter of the Northwest One-Quarter (8E1I4 NW1I4), the
East One-Half of the Southwest One-Quarter of the Northwest One-Quarter (El/2 8W1I4 NW1I4), the
Northeast One-Quarter of the Southwest One-Quarter (NE1I4 SWI/4) and the East One-Half of the
Northwest One-Quarter of the Southwest One-Quarter (E1I2 NW1I4 SWI/4) of said Section 15.
Excepting therefrom: A parcel of land containing 3.23 acres, more or less, located in the Southeast
One-Quarter of the Northwest One-Quarter (SE 114 NW1I4) of Section 15, Township 22 South, Range
10 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as
follows:
Commencing at a 2" brass cap at the Center-Quarter comer of said Section 15; thence North 14°56'30"
West a distance of 111 Al feet to a 3-1/2" aluminum cap at the intersection of the west right of way of
Pengra Street and the north right of way line of Sixth Street, the True Point of Beginning; thence
North Ooo40~45" East along said west right of way line, a distance of 450.00 feet (N 00°14'30" E, 450
feet) to a 3-1/2" aluminum cap; thence North 89°59'30" West a distance of 300.00 feet (S 89°34'07"
W, 300 feet) to a 3-112" aluminum cap; thence South 00°40'45" West a distance of 491.97 feet (S
00°14'30" W, 495 feet) to a 3-1/2" aluminum cap at said north right of way line; thence along said
north right of way line the following two (2) curves:
121.91 feet along the arc ofa 1170.00 foot radius curve to the left, the long chord of which bears North
81 °29'5T' East a distance of 121.85 feet;
181.73 feet along the arc of a 1230.00 foot radius curve to the right, the long chord of which bears
North 82°2e02" East a distance of 181.57 feet (Eastward a scaled distance of 305 feet) to the True
Point of Beginning, and terminus of this description.
Note: Measurements shown in parenthesis are per Minor Partition MP-80-102
Subject to: All easements, rights of way of record and those common and apparent on the land.
REGISTERED
PROFESSIONAL
..---..I1J'\oI,O SURVEYOR
RENEWAL DATE: 06130114