HomeMy WebLinkAboutBend Metro Park & Rec Property ExchangeDeschutes 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 29, 2009
Please see directions for completing this document on the next page.
DATE: April 14, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Public Hearing regarding the intention of Deschutes County to exchange real property with the Bend
Metro Park & Recreation District..
PUBLIC HEARING ON THIS DATE? YES
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. The District approached the County with a
proposal to exchange land to allow them to realign the trail. 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.
ORS 271.330(3) provides that the Board of County Commissioners 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 -036 on April 8, 2009, and set April 29, 2009, as the date
for the public hearing.
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:
Hold the public hearing as advertised.
ATTENDANCE: Teresa Rozic, Property Specialist
DISTRIBUTION OF DOCUMENTS: N/A
DESCHUTES COUNTY OFFICIAL RECORDS p2009.1155
J }
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 04/14/2009 08:34:11 AM
1111111111111111111 1 5 1111 I1111 III
2009 -i
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
ATTEST:
Recording Secretary
L
, 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
atia.„ Ut4lAit--
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 °2324" 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.
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 °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.
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 comer 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 'Braebum, 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 BEN1
D
/
City Limits
RECORD OF SURVEY- CITY OF BEND LOT LINE ADJUSTMENT PZ 08 -387
LOCATED IN A PORTION OF THESWI /4 OFSECT/ON 12,
TM, R11E, W.M., CITY OF BEND, DESCHUTES COUNTY, OREGON
NOT TO SCALE
EXISTING TAX LOT CONFIGURATION
PORT IONS 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 CONFIGURAT /ON
DEED FROM
BEND METRO
PARKS
TO
BEND METRO
PARKS
DEED FROM
DESCHUTES
COUNTY
TO DESCHUTES
COUNTY
PREPARED BY
HWAINC
surveyors • engineers • planners
MI SW SCALEHOUSE COURT. SURE 100
01110, OREGON 97703
PHONE: 541.555.5351 9402 541.555.5014
SHEET 1 OF 1
080802 LL4dj Map.DWG