HomeMy WebLinkAboutDoc 629 - B-S Deed - off Dodds RdDeschutes 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 December 15,2014
Please see directions for completing this document on the next page.
DATE: November 25,2014
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-629, a Bargain and Sale Deed for 10 acres to the
Central Oregon Irrigation District.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In early, 2014, the Central Oregon Irrigation District (COlD) inquired about purchasing a land locked
10 acre parcel adjacent to and surrounded by larger parcels owned by COlD (three sides) and the
United StateslBLM (one side) see attached map. The primary reason that Central Oregon Irrigation
District (COlD) wants to acquire the property is to have a location to construct an emergency canal spill
for the main Central Oregon Canal (COC). Should there be a main canal or main lateral breach
emergency downstream of this Dodds property location, the property would serve as a good site for the
main canal to be temporarily spilled (diverted). COlD has indicated that such a canal breach, with
decreased emergency spill capacity upstream and increased population density downstream, could
potentially result in property and/or dwelling flood damage. Aside from breaching emergency
situations, COlD has indicated that the property is also subject to seasonal inundation due to icing dams
in canals during winter stock runs which necessitate water diverted to this property (this has occurred in
the past under Deschutes County ownership). As this site is remote with no population, an emergency
spill at this location would improve public safety.
Although the property is zoned Exclusive Farm Use (EFU), the physical characteristics of the property
are such that it was previously used for a gravel mine (many years ago, not zoned or permitted for
such), and is devoid of vegetation except for sagebrush, has the poorest soils and is covered with pea
sized rock. The property does not front or have any direct access to a public street -the only vehicular
access (from Dodds Rd.) is across adjacent land owned by COlD, for which there is no recorded
easement in place. The property has no existing development, and has no utilities, domestic water or
water rights available.
Deschutes County acquired the property from COlD in 1953 via Quitclaim Deed for $1.00. It appears
that the purpose for the acquisition was for the gravel resource on the property. The County Road
Department had historically used the site for a gravel source (many years ago), but has indicated that
they no longer use it or need it as a viable source of gravel (again, it is not zoned or permitted for such
use) -they have indicated that they are OK with this sale.
As part of the consideration of the COlD offer, we examined the County Tax Assessor's values, and
conducted a study/market analysis for the property based on surrounding property values, recent nearby
sales, physical characteristics, etc., -all typical appraisal factors used to calculate sale/purchase
prices. However, compared to surrounding properties, the subject property is unique in terms of the
physical characteristics, access and other factors listed above, except for the adjacent lands owned by
COlD. The offer presented by COlD took into consideration the market analysis by the County. They
submitted their offer of$7001 based on the physical and practical factors listed above -these
include: the lack oflegal access other than across COlD property; the lack of permits for surface
mining; the presence of the poorest quality soils and lack of irrigation for farm use; the restrictive
nature of the EFU zoning which eliminates almost all other uses of the property (i.e. no residential use);
no merchantable timber or other vegetation; and, the high probability of seasonal inundation from
irrigation canal overflow. The only practical use ofthe property would appear to be for recreational
purposes (camping, OHV use), but even those would be further limited by the practical factors listed
herein (primarily legal access to the property which is within the control of COlD).
Based on the initial market analysis that I conducted, combined with the limiting factors cited by
COlD, I believe their offer is fair and provides a return that would be experienced by the private
sector ifthis property were for sale on the open market.
Thus, pursuant to the authority under state law (ORS 271 and 275), I recommend that the County
proceed with the sale to COlD for the $7001 price offered.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County will convey the property to COlD for seven thousand one
dollars ($7001.00).
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-629
ATTENDANCE: J ames Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
County land sale to COlD
Dodds Road Site (18-14-07 /700)
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
Central Oregon Irrigation District.
1055 SW Lake Court
Redmond, OR 97756
QUITCLAIM DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, "Grantor", releases and quitclaims
to the Central Oregon Irrigation District, "Grantee", all of Grantors right, title and interest in and to the
following described real property:
The Northeast Quarter of the Northeast Quarter of the Northeast Quarter (NE % of NE ~ of NE
~), Section 7, Township 18, South, Range 14, East of Willamette Meridian, Deschutes County,
Oregon, and containing 10 acres of land more or less
SUBJECT TO all encumbrances of record and those common and apparent on the land.
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 is seven thousand one dollars ($7001.00).
DATED this __day of ____, 2014. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice-Chair
Recording Secretary ALAN UNGER, Commissioner
DOCUMENT NO. 2014-629 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.
DATEDthis __dayof _____" 2014
My Commission Expires: ________
Notary Public for Oregon
DOCUMENT NO. 2014-629 2