The URL can be used to link to this page

Home My WebLink AboutBend Park-Rec Property Exchange00h 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 March 4, 2009 DATE: February 13, 2009 FROM: Teresa Rozic Property & Facilities 385 -1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Resolution 2009 -008, declaring Deschutes County's intent to exchange real property with the Bend Metro Park & Recreation District, Setting Hearing Date for the Purpose of Hearing Objections and Providing Notice. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The Bend Metro Park & Recreation District (the "District ") wishes to realign the public trail commonly known as the Haul Road Trail that generally parallels Century Drive between the Braeburn residential subdivision and the Entrada Lodge. The land exchange will allow the District to realign the trail onto property it owns,. It will also minimize opportunities for trail users to trespass on private property and will connect the Haul Road Trail to the Forest Service trail network adjacent to the Entrada Lodge. Deschutes County owns a narrow strip of land between Century Drive and the District's land. It is a 2.13 -acre parcel that was taken by Tax Deed in 1936. ORS 271.330(3) gives Deschutes County authority to convey real property to a municipal corporation to be used for open space, parks or natural areas for perpetual public use. The statue requires the deed to contain restrictions on the use of the property and to contain a reversion clause in the event the property ceases to be used for a public purpose. Real property conveyed under this subsection may include real property held by a political subdivision as a result of tax foreclosures. Transfers under this section require a public hearing after notice has been published. The property that Deschutes County will receive in exchange for a portion of the 2.13 -acre parcel will be consolidated with the remaining acreage to give the County a parcel that is more usable. This land exchange is conditioned upon the District receiving approval for a lot line adjustment that will create the adjusted parcels. FISCAL IMPLICATIONS: This is an exchange of acreage with an adjoining property owner. The net result is that the County will own exactly the same square footage but in a more usable configuration. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Resolution 2009 -008. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Copy of the signed resolution to Teresa Rozic 1 CITY of BEND YD ACRES NEWPORT v GALVESTON REVERE = v FRANKLIN H op 2 l- a) ENN NEFF 2 l- BEAR CRE LER MARKET C Area of Proposed Land Exchange City Limits REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGO A Resolution Declaring the Intention of Deschutes County to Exchange Real Property with the Bend Metro Park & Recreation District, Setting Hearing Date for the Purpose of Hearing Objections and Providing Notice. RESOLUTION NO. 2009 -008 WHEREAS, ORS 271.330 authorizes a political subdivision to convey real property to a municipal corporation for the creation of open space, parks or natural areas for perpetual public use and provides that the Board of County Commissioners shall declare its intention to exchange real property by proper resolution; and WHEREAS, Deschutes County intends to exchange real property with the Bend Metro Park & Recreation District to facilitate rerouting the Haul Road Trail, and WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed exchange of real property described in Exhibit "A" attached hereto and incorporated herein by this reference; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Board of County Commissioners of Deschutes County hereby declares is intention to exchange real property with the Bend Metro Park & Recreation District. Section 2. The real property to be exchanged by Deschutes County is described in Exhibit "A ". Section 3. A hearing for the purpose of receiving objections to the above described laid exchange will be held at 10:00 a.m. on Wednesday, April 1, 2009 in the Board of County Commissioners Hearing Room of the Deschutes County Services Building, 1300 NW Wall Street, Bend, Oregon. Section 4. The Deschutes County Property Specialist shall give notice of the time and place for the hearing set in Section 3 of this Resolution by publication of the notice marked Exhibit "B", attached hereto and by this reference incorporated herein, in "The Bulletin" once each week for two consecutive weeks, with the last publication being at least seven days prior to the date of such hearing;. Section 5. This land exchange is conditioned upon the Bend Metro Park & Recreation Distr ct receiving approval for a lot line adjustment and resolving all appeals, if any, that will create the pare is depicted in Exhibit "C ", attached hereto and by this reference incorporated herein, shown as "Adjust �d Tax Lot Configuration ". PAGE 1 OF 2 — RESOLUTION NO. 2009-008 (03/04/2009 Section 6. The Deschutes County Property Specialist shall prepare deeds for signature by the Board of County Commissioners to accomplish the conveyances described in this Resolution. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: DENNIS R. LUKE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2 - RESOLUTION NO. 2009-008 (03/04/2009 EXHIBIT A Deschutes County to BMP &RD A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One - quarter (SW1 /4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Commencing at a 5/8" iron rod with yellow plastic cap marked "W &H PACIFIC" which marks the northwest corner of Common Lot 'H' of the plat of 'Braeburn, Phase 111'; thence along the northerly prolongation of the westerly boundary of said plat North 00 °23'24" East a distance of 41.04 feet to a point on the north boundary of the 100 foot wide strip of land described in deed recorded in Volume 44, Page 640 of Deschutes County Deeds; thence along said north boundary South 70 °43'10" West a distance of 226.05 feet to the true Point of Beginning of this description; thence continuing along said north boundary South 70 °43'10" West a distance of 925.39 feet to a point on the east boundary of the 60 foot wide access tract described in warranty deed recorded in Volume 138, Page 2630 of Deschutes County Official Records; thence along said east boundary North 01 °24'10" East a distance of 54.76 feet to a point on the south right -of -way line of the Cascade Lakes Highway (also known as Century Drive); thence along said south right -of -way line North 70 °43'10" East a distance of 1307.24 feet to a point on said north boundary of said 100 foot wide strip of land; thence along said north boundary South 63 °26'34" West a distance of 404.46 feet to the point of beginning, the terminus of this description. Subject to: All easements, restrictions and right -of -ways of record and those common and apparent on the land. Page 1 of 2 EXHIBIT A BMP &RD to Deschutes County A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One - quarter (SW1 /4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Commencing at a 5/8" iron rod with yellow plastic cap marked "W &H PACIFIC" which marks the northwest corner of Common Lot 'H' of the plat of 'Braeburn, Phase 111'; thence along the west boundary of said plat South 00 °23'24" West a distance of 39.02 feet to a point on the south boundary of the 100 foot wide strip of land described in deed recorded in Volume 44, Page 640 of Deschutes County Deeds; thence along said south boundary South 63 °26'34" West a distance of 607.96 feet to a point on the centerline of the roadway easement described in easement recorded in Volume 135, Page 279 of Deschutes County Records; thence along said centerline North 02 °06'04" East a distance of 113.96 feet to a point on the north boundary of said Volume 44, Page 640; thence along said north boundary North 63 °26'34" East a distance of 365.36 feet; thence leaving said north boundary North 70 °43'10" East a distance of 226.05 feet to a point on the northerly prolongation of said west boundary of 'Braeburn, Phase III "; thence along said prolongation line South 00 °23'24" West a distance of 41.04 feet to the point of beginning, the terminus of this description. Subject to: All easements, restrictions and right -of -ways of record and those common and apparent on the land. Page 2 of 2 PUBLIC NOTICE On Wednesday, April 1, 2009 at 10:00 a.m. in the Board Hearing Room of the Deschutes County Services Building, 1300 NW Wall Street, Bend, Oregon, the Board of County Commissioners of Deschutes County will hold a hearing on an exchange of real property with the Bend Metro Park & Recreation District. The real property to be transferred by the above referenced parties is generally described as follows: Deschutes County to Bend Metro Park & Recreation District: A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One- quarter (SW1 /4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Commencing at a 5/8" iron rod with yellow plastic cap marked "W &H PACIFIC" which marks the northwest corner of Common Lot `H' of the plat of 'Braeburn, Phase III'; thence along the northerly prolongation of the westerly boundary of said plat North 00 °23'24" East a distance of 41.04 feet to a point on the north boundary of the 100 foot wide strip of land described in deed recorded in Volume 44, Page 640 of Deschutes County Deeds; thence along said north boundary South 70°43'10" West a distance of 226.05 feet to the true Point of Beginning of this description; thence continuing along said north boundary South 70 °43'10" West a distance of 925.39 feet to a point on the east boundary of the 60 foot wide access tract described in warranty deed recorded in Volume 138, Page 2630 of Deschutes County Official Records; thence along said east boundary North 01°24'10" East a distance of 54.76 feet to a point on the south right -of -way line of the Cascade Lakes Highway (also known as Century Drive); thence along said south right -of- way line North 70 °43'10" East a distance of 1307.24 feet to a point on said north boundary of said 100 foot wide strip of land; thence along said north boundary South 63 °26'34" West a distance of 404.46 feet to the point of beginning, the terminus of this description. Subject to: All easements, restrictions and right -of -ways of record and those common and apparent on the land. Bend Metro Park & Recreation District to Deschutes County: A parcel of land containing 1.31 acres, more or less, located in a portion of the Southwest One- quarter (SW1 /4) of Section 12, Township 18 South, Range 11 East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Commencing at a 5/8" iron rod with yellow plastic cap marked "W &H PACIFIC" which marks the northwest corner of Common Lot `H' of the plat of `Braeburn, Phase III'; thence along the west boundary of said plat South 00 °23'24" West a distance of 39.02 feet to a point on the south boundary of the 100 foot wide strip of land described in deed recorded in Volume 44, Page 640 of Deschutes County Deeds; thence along said south boundary South 63 °26'34" West a distance of 607.96 feet to a point on the centerline of the roadway easement described in easement recorded in Volume 135, Page 279 of Deschutes County Records; thence along said centerline Page 1 of 2 North 02 °06'04" East a distance of 113.96 feet to a point on the north boundary of said Volume 44, Page 640; thence along said north boundary North 63 °26'34" East a distance of 365.36 feet; thence leaving said north boundary North 70°43'10" East a distance of 226.05 feet to a point on the northerly prolongation of said west boundary of 'Braeburn, Phase III "; thence along said prolongation line South 00 °23'24" West a distance of 41.04 feet to the point of beginning, the terminus of this description. Subject to: All easements, restrictions and right -of -ways of record and those common and apparent on the land. Any person may appear and make objections to the proposed exchange. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair To be published in The Bulletin: To be posted: Page 2 of 2 RECORD OF SURVEY- CITY OF BEND LOT LINE ADJUSTMENT PZ 08 -387 LOCATED IN A PORTION OF THE SW1 /4 OF SECTION 12, T18S, R 11 E, W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON Sh NOT TO SCALE EXISTING TAX LOT CONFIGURATION DESCHUTES COUNTY EXIST TL300 2.24 acres PORTIONS OF EXISTING TAX LOTS TO BE EXCHANGED DEED FROM TO BEND METRO DESCHUTES COUNTY PARKS pc�¢5 PART TL501 `1.31 acres / DEED FROM BEND METRO ED FROM /DESLHUY COUNTY BEND METRO PARKS EXIST TL501 1.92 acres .� ADJUSTED TAX LOT CONFIGURATION DEED FROM BEND METRO PARKS TO BEND METRO PARKS ADJ TL300 2,24 acres DEED FROM DESCHUTES COUNTY TO DESCHUTES COUNTY ADJ TL501 1.92 acres PREPARED BY HWA INC surveyors • engineers • planners 389 SW SCALEHOUSE COURT, SUITE 100 BEND, OREGON 9 702 PHONE: 541.389.9351 FAX 541.388.5416 SHEET 1 OF 1 080802 LLAdj Mop. DWG