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HomeMy WebLinkAboutBroken Top Releases Deschutes 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 August 6, 2014 _____________________________ DATE: July 23, 2014 FROM: Paul Blikstad Department CDD Phone # 6554 TITLE OF AGENDA ITEM: Board consideration of signature of Releases of Development Agreements for three Broken Top projects, which have been completed and are now within the City Limits of Bend. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Broken Top was originally outside of the City of Bend and was under the County's jurisdiction for approximately 8 years. Three projects were completed, the property annexed into the City of Bend, and the Development Agreements are no longer needed. FISCAL IMPLICATIONS: None. The projects are now within the City of Bend. RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board sign the Releases. ATTENDANCE: Paul Blikstad DISTRIBUTION OF DOCUMENTS: Laura Cooper of Ball Janik will be recording the Releases at the County Clerk's Office upon signature by the Board of Commissioners. Recording requested by and when recorded please return to: Ball Janik LLP 15 SW Colorado Ave., Suite 3 Bend, OR 97702 Attn: Laura Craska Cooper RELEASE OF DEVELOPMENT AGREEMENT Deschutes County, a political subdivision of the State of Oregon ("County") is a party to that certain Development Agreement (the "Agreement") recorded in the real property records of Deschutes County, Oregon, on August 4, 1992, at 272-1858. The County entered into the Agreement with Broken Top Limited Partnership ("Developer"), which Agreement encumbers certain property described therein (the "Affected Property"). County hereby acknowledges that all of Developer's obligations under the Agreement have been fully satisfied. Accordingly, the County hereby releases the lien of the Agreement against the Affected Property. Dated this ___of August, 2014 BOARD OF COUNTY COMMISSIONERS TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE-CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER 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 August, 2014. Notary Public for Oregon My Commission Expires: _________ Recording requested by and when recorded please return to: Ball Janik LLP 15 SW Colorado Ave., Suite 3 Bend, OR 97702 Attn: Laura Craska Cooper RELEASE OF DEVELOPMENT AGREEMENT Deschutes County, a political subdivision of the State of Oregon ("County") is a party to that certain Development Agreement (the "Agreement") recorded in the real property records of Deschutes County, Oregon, on August 4, 1992, at 272-1866. The County entered into the Agreement with Broken Top Limited Partnership ("Developer"), which Agreement encumbers certain property described therein (the "Affected Property"). County hereby acknowledges that all of Developer's obligations under the Agreement have been fully satisfied. Accordingly, the County hereby releases the lien of the Agreement against the Affected Property. Dated this ___of August, 2014 BOARD OF COUNTY COMMISSIONERS TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE-CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER 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 August, 2014. Notary Public for Oregon My Commission Expires: _________ DC 2014~417 Recording requested by and when recorded please return to: Ball Janik LLP 15 SW Colorado Ave., Suite 3 Bend, OR 97702 Attn: Laura Craska Cooper RELEASE OF IMPROVEMENT AGREEMENT Deschutes County, a political subdivision of the State of Oregon ("County") is a party to that certain Improvement Agreement No.2 (the "Agreement") recorded in the real property records of Deschutes County, Oregon, on October 22, 1992, at 279·2808. The County entered into the Agreement with Broken Top Limited Partnership ("Developer"), which Agreement encumbers certain property described therein (the "Affected Property"). County hereby acknowledges that all of Developer's obligations under the Agreement have been fully satisfied. Accordingly, the County hereby releases the lien of the Agreement against the Affected Property. Dated this ___of August, 2014 BOARD OF COUNTY COMMISSIONERS TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE·CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER 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 August, 2014. Notary Public for Oregon My Commission Expires: _________ DC 2014-418