HomeMy WebLinkAboutRes 2009-036 Real Property Exchange - Bend Metro 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 April 8, 2009
Please see directions for completing this document on the next page.
DATE: March 31, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of signature of Resolution 2009 -036 Amending 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. Deschutes County wishes to exchange real property with the
District to facilitate rerouting the trail.
ORS 271.330(3) provides that the Board of County Commissioners (the "Board ") declare its intention
to exchange real property by resolution, provide public notice of the proposed land exchange and
conduct a public hearing. The Board passed Resolution 2009 -008 on March 4, 2009, and set April 1,
2009, as the date for the public hearing but notice of that hearing was not published properly.
This Resolution will allow staff to arrange for publication in advance of a hearing April 29, 2009.
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 the amended Resolution.
ATTENDANCE: Teresa Rozic, Property Specialist
DISTRIBUTION OF DOCUMENTS: N/A
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Amending Resolution 2009 -008
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 -036
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, the Board of County Commissioners passed Resolution 2009 -008 on March 4,
2009, declaring the intention to exchange real property and setting a hearing date but public notice of
that hearing was not published properly;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The real property to be exchanged by Deschutes County is described in Exhibit "A ".
Section 2. A hearing for the purpose of receiving objections to the above described land
exchange will be held at 10:00 a.m. on Wednesday, April 29, 2009 in the Board of County
Commissioners Hearing Room of the Deschutes County Services Building, 1300 NW Wall Street,
Bend, Oregon.
Section 3. The Deschutes County Property Specialist shall give notice of the time and place for
the hearing set in Section 2 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
PAGE 1 OF 2 — RESOLUTION NO. 2009-036 (04/08/2009)
consecutive weeks, with the last publication being at least seven days prior to the date of such hearing.
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. 2009-036 (04/08/2009)
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 °4310"
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 °4310" 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.
January 6, 2009
S: \Property Management \1 LAND_EXCHANGE \BMPRPart TL 300.doc
Deschutes County to BMP &RD
EXHIBIT A
BMP &RD to Deschutes County
A parcel of land containing 1.31 acres, more or Tess, 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 °2324" 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.
January 6, 2009
S: \Property Management \1 LAND_EXCHANGE \BMPRPart TL 501.doc
BMP &RD to Deschutes County
EXHIBIT B
PUBLIC NOTICE
On Wednesday, April 29, 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 °4310" 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
Page 1 of 2
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.
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: April 9, 2009 and April 15, 2009
To be posted: April 9, 2009
Page 2 of 2
CITY of BEND
TLER MARKET
C
'Area of Proposed Land Exchange
City Limits
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring the Intention of
Deschutes County to Exchange Real Property * RESOLUTION NO. 2009 -008
with the Bend Metro Park & Recreation
District, Setting Hearing Date for the Purpose *
of Hearing Objections and Providing Notice.
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 its
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 land
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 District
receiving approval for a lot line adjustment and resolving all appeals, if any, that will create the parcels
depicted in Exhibit "C ", attached hereto and by this reference incorporated herein, shown as "Adjusted
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
ATTEST: DENNIS R. LUKE, Vice Chair
-- c— , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES CO OREGON
ook
TAMMY BANEY, Chai
Js..,
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2 - RESOLUTION NO. 2009-008 (03/04/2009
RECORD OF SURVEY- CITY Of BEND LOT LINE ADJUSTMENT PI 08 -387
LOCATED IN A PORTION OF THE SW1 /4 OF SECTION 12,
T18S, R11E, W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON
NOT TO SCALE
EXISTING TAX LOT CONFIGURATION
BEND METRO PARKS
EXIST TL501
192 acres
DESCHUTES COUNTY
EXIST TL300
2.24 acres
PORTIONS OF EXISTING TAX LOTS TO BE EXCHANGED
DEED FROM
DESCHUTES
COUNTY
TO BEND METRO
PARKS
DEED FROM
BEND METRO
PARKS
TO
DESCHUTES
COUNTY
ADJUSTED TAX LOT CONFIGURATION
DEED FROM
BEND METRO
PARKS
TO
BEND METRO
PARKS
DEED FROM
DESCHUTES
COUNTY
TO DESCHUTES
COUNTY
PREPARED BY
HWAINC
surveyors • engineers • planners
389 SW SCALEHOUSE COURT, SUITE 100
BEND. OREGON 97702
PHONE 541.389.9351 FAX: 541.388.5416
SHEET 1 OF 1
080802 LLAdj Map.DWG
