HomeMy WebLinkAboutOrder 033 - Convey Real Prop - La Pine Park-RecDeschutes 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 October 31, 2012
Please see directions for completing this document on the next page.
DATE: October 18,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Order 2012-033 to convey real property to the La Pine Parks and
Recreation District
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County acquired title to certain real property pursuant to property tax foreclosure
proceedings which is located near to rivers, creeks, and streams, and which may contain wildlife
sensitive habitat and riparian areas. As provided by ORS 275.320 the County designated those lands
public parks by various Orders to preserve public access and land along rivers, creeks and streams and
protect public properties possessing wildlife sensitive habitat and riparian areas.
The La Pine Park and Recreation District wishes to acquire certain county park land, depicted on the
attached map, to consolidate with District park land. ORS 275.330 (l)(b) authorizes counties to convey
park lands to a park and recreation district, after giving notice and holding a public hearing.
Staff published notice, as required by statute, of Deschutes County's intent to convey these lands and
announced today's public hearing.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Open public hearing to accept comments on the proposed conveyance. If there are no objections, staff
recommends approval of Order 2012-033.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Copy of Order 2012-033 to Teresa Rozic
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order To Convey Certain Real Property To Be *
Used Exclusively for Public Purposes ORDER NO. 2012-033 *
*
WHEREAS, Deschutes County acquired title to certain real property pursuant to real property tax
foreclosure proceedings which is located near to rivers, creeks, and streams, and which may contain wildlife
sensitive habitat and riparian areas; and
WHEREAS, as provided by ORS 275.320 Deschutes County designated those lands public parks by
various Orders to protect and preserve public access and land along rivers, creeks and streams and public
properties possessing wildlife sensitive habitat and riparian areas; and
WHEREAS, by Order 90-044 Deschutes County formed the La Pine Park and Recreation District (the
"District") and established its territory; and
WHEREAS, the La Pine Park and Recreation District wishes to acquire certain county park land,
described in Exhibit A and depicted on Exhibit B attached hereto and by this reference incorporated herein, to
consolidate with District park land; and
WHEREAS, ORS 275.330 (l)(b) authorizes counties to convey park lands to a park and recreation
district, after giving notice and holding a public hearing; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Notice of the County's intent to convey lands to the District and the date of the public
hearing was published in The Bulletin on October 9 and October 16,2012.
Section 2. The Director of the Deschutes County Property and Facilities Department shall prepare a
deed for Board signature that conveys the lands described in Exhibit A to the District.
Dated this ___of _______" 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
TAMMY BANEY, Commissioner
I
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Recording Secretary
PAGE 1 OF 3-0RDER No. 2012-033 (10/31/2012)
Exhibit A
Parcell
Situate in the County of Deschutes, State of Oregon, described as follows:
A portion of the South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section 17, Township 22
South, Range 1 0 East of the Willamette Meridian, beginning at the northwest quarter corner of the
South Half of the Northwest Quarter; thence South 02° 27' West 685.04 feet to the true point of
beginning; thence North 64° 55.5' East, 138.39 feet to a point; thence on a 50' radius curve 107.54 feet
to a point; thence North 89° 47' East, 100 feet; thence North 38° 26.5' East, 160.08 feet; thence North
89° 47' East, 2,000 feet; thence South 39° 04' East, 231.14 feet; thence North 89° 47' East, 160.0 feet;
thence North 38° 38' East, 231.14 feet; thence North 0° 13' West, 40.0 feet; thence North 89° 47' East,
300.0 feet; thence South 0° 13' East, 40.0 feet; thence South 20° 07.5' East, 191.46 feet; thence North
89° 47' East, 160.0 feet; thence North 40° 50.5' East, 848.74 feet; thence North 89° 47' East, 546.93
feet; thence South 2° 05.5' East, 441.43 feet; thence North 65° 35.5' West, 340.0 feet; thence South
62° 45.5' West, 171.81 feet; thence South 2° 05.5' East, 165.07 feet; thence South 87° 54.5' West,
120.0 feet; thence South 2° 05.5' East, 170.07 feet; thence South 87° 54.5' East, 120.0 feet; thence
South 2° 05.5' East, 225.10 feet; thence South 89° 36.5' West, 1,380.0 feet; thence South 59° 16'
West, 495.0 feet; thence South 0° 23' East, 150.05 feet; thence South 89° 36.5' East, 453.22 feet;
thence North 02° 27' West, 623.45 feet to the point of beginning.
SUBJECT TO conditions, restrictions, reservations and easements of record, including Easement
Little Deschutes River Public Access, recorded July 11, 1980, as Document 907 in Book 324, Page
761, Official Records of Deschutes County, Oregon.
Parcel 2
Lot 12, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO
conditions, restrictions, reservations and easements of record.
Parcel 3
Lot 11, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO
conditions, restrictions, reservations and easements of record.
Parcel 4
Lot 7, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions,
restrictions, reservations and easements of record.
ParcelS
Lot 6, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions,
restrictions, reservations and easements of record.
Parcel 6
Lot 2, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions,
restrictions, reservations and easements of record.
PAGE 2 OF 3-ORDER No. 2012-033 (10/31/2012)
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La Pine Parks & Recreation District land
Deschytes County
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LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
La Pine Parks and Recreation District
PO Box 664
La Pine, OR 97739
After Recording, Forward All Tax Statements To:
SAME
BARGAIN AND SALE DEED
Deschutes County, a political subdivision of the State of Oregon, Grantor, conveys to la Pine Parks and Recreation
District, an Oregon nonprofit corporation, Grantee, the real property described on the attached Exhibit A, which is
incorporated herein by reference, for public park purposes. In the event that the Grantee or any successor to the
Grantee shall fail to use said property for public park purposes, the property hereby conveyed shall revert to the
Grantor, without any act on its part and this conveyance shall thereupon be without force or effect.
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
SECnONS 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 'rHE 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 public benefit, which is the whole consideration.
DATED this ___day of ______--', 2012. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST: ALAN UNGER, Vice-Chair
Recording Secretary
STATE OF OREGON
County of Deschutes
TAMMY BANEY, Commissioner
)
) ss.
)
Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER and, TAMMY BANEY, 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 ______---', 2012.
My Commission Expires: ________
Notary Public for Oregon
'i
DOCUMENT NO. 2012-609 1 I
i
I
Exhibit A
Parcell
Situate in the County of Deschutes, State of Oregon, described as follows:
A portion ofthe South Half of the Northwest Quarter (S 1/2 NW 1/4) of Section 17, Township 22 South, Rangel0
East of the Willamette Meridian, beginning at the northwest quarter corner of the South Half of the Northwest
Quarter; thence South or 27' West 685.04 feet to the true point of beginning; thence North 64° 55.5' East,
138.39 feet to a point; thence on a 50' radius curve 107.54 feet to a pOint; thence North 89° 47' East, 100 feet;
thence North 38° 26.5' East, 160.08 feet; thence North 89° 47' East, 2,000 feet; thence South 39° 04' East, 231.14
feet; thence North 89° 47' East, 160.0 feet; thence North 38" 38' East, 231.14 feet; thence North 0" 13' West, 40.0
feet; thence North 89" 47' East, 300.0 feet; thence South 0" 13' East, 40.0 feet; thence South 20" 07.5' East,
191.46 feet; thence North 89° 47' East, 160.0 feet; thence North 40" 50.5' East, 848.74 feet; thence North 89" 47'
East, 546.93 feet; thence South r 05.5' East, 441.43 feet; thence North 65" 35.5' West, 340.0 feet; thence South
6r 45.5' West, 171.81 feet; thence South r 05.5' East, 165.07 feet; thence South 87° 54.5' West, 120.0 feet;
thence South r 05.5' East, 170.07 feet; thence South 87" 54.5' East, 120.0 feet; thence South r 05.5' East, 225.10
feet; thence South 89° 36.5' West, 1,380.0 feet; thence South 59" 16' West, 495.0 feet; thence South 0° 23' East,
150.05 feet; thence South 89" 36.5' East, 453.22 feet; thence North 02" 27' West, 623.45 feet to the point of
beginning.
SUBJECT TO conditions, restrictions, reservations and easements of record, including Easement -little Deschutes
River Public Access, recorded July 11, 1980, as Document 907 in Book 324, Page 761, Official Records of Deschutes
County, Oregon.
Parcel 2
Lot 12, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions, restrictions,
reservations and easements of record.
Parcel 3
Lot 11, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions, restrictions,
reservations and easements of record.
Parcel 4
Lot 7, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions, restrictions,
reservations and easements of record.
ParcelS
Lot 6, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions, restrictions,
reservations and easements of record.
Parcel 6
Lot 2, Block 3, DESCHUTES RIVER ACRES, Deschutes County, Oregon, SUBJECT TO conditions, restrictions,
reservations and easements of record.
DOCUMENT NO. 2012-609 2