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Deschutes County Board of Commissioner3
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 14, 2009
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DATE: October 9, 2009
TO: Deschutes County Board of Commissioners
FROM: Mark Pilliod, Legal, 6625
TITLE OF AGENDA ITEM:
Consideration of Board Approval and Signature of Document No. 2009 -609, a Bargain and Sale Deed
relating to a Transfer of Real Property with the City of Redmond.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Redmond indicated a desire to acquire County Property on which to design and construct a
community park. However, said County Property currently serves as a parking lot for the Becky
Johnson Community Center, a County -owned facility. The City intends to design and construct
replacement parking for the Community Center and certain other improvements and transfer the Ci :y
Property to the County in exchange for the County's transfer of County Property to the City.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Sign Deeds in appropriate locations, authorize recording.
ATTENDANCE: Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Deed conveying property from County to Redmond: send to Steve Bryant, City Attorney
Deed conveying property to County from Redmond: record with County Clerk
Unless Otherwise Requested, All
Tax Statements Shall be Sent to:
CITY OF REDMOND
716 SW EVERGREEN AVENUE
REDMOND, OR 97756
AFTER RECORDING RETURN TO:
STEVEN D. BRYANT
BRYANT EMERSON & FITCH, LLP
PO BOX 457
REDMOND, OR 97756
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the state of Oregon, Grantor, grant,
bargain, sell and convey unto CITY OF REDMOND, a municipal corporation of the state of
Oregon, Grantee, the following described real property, situated in the County of Descutes, State of
Oregon:
1. THE WEST HALF (W ' /2) OF LOTS 113, 14, AND 15 IN BLOCK 34 OF
TOWNSITE OF REDMOND, DESCHUTES COUNTY, OREGON, EXCEPT THE
EAST ONE FOOT OF THE WEST HALF (W' /2) OF SAID LOTS 13, 14, AND 15,
ALL ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE
OFFICE OF THE COUNTY CLEFT OF DESCHUTES COUNTY.
2. THE WEST HALF (W 1/2) OF LOT 16, ALL OF LOT 17 AND THE SOUTH
ONE FOOT OF LOT 18 IN BLOCK 34 OF TOWNSITE OF REDMOND,
DESCHUTES COUNTY, OREGON
3. LOT 18, EXCEPT THE SOUTH ONE FOOT THEREOF; AND THE SOUTH
NINE FEET OF LOT 19 IN BLOCK 34 OF TOWNSITE OF REDMOND,
DESCHUTES COUNTY OREGON
Subject to the covenants, conditions, restrictions and/or easements, if any, affecting title, which may
appear in the public record, including those shown on any recorded plat.
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. 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
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DC 2009. (.l')
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.
The true and actual consideration for this conveyance is that August 27, 2008 memorandum
of understanding between the parties and the exchange of property between the parties.
DATED this day of October, 2009.
STATE OF OREGON
: ss.
County of Deschutes
DESCHUTES COUNTY COMMISSIONERS
Tammy Baney, Chair
Dennis Luke, Vice -Chair
Alan Unger, Commissioner
Personally appeared before me this day of October, 2009, the above -named TAMMY
BANEY, DENNIS LUKE, and ALAN UNGER acknowledged the foregoing instrument to be their
voluntary act and deed.
Notary Public of Oregon
ACCEPTED BY CITY OF REDMOND
GEORGE ENDICOTT, Mayor
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Unless Otherwise Requested, All
Tax Statements Shall be Sent to:
DESCHUTES COUNTY
1300 NW WALL STREET
BEND, OR 97701
AFTER RECORDING RETURN TO:
STEVEN D. BRYANT
BRYANT EMERSON & FITCH, LLP
PO BOX 457
REDMOND, OR 97756
BARGAIN AND SALE DEED
THE CITY OF REDMOND, a municipal corporation of the state of Oregon, Grantor, does
hereby grant, bargain, sell and convey unto DESCHUTES COUNTY, a political subdivision of the
state of Oregon, Grantee, the following described real property, situated in the County of Descutes,
State of Oregon:
LOTS 9600 and 9601 IN BLOCK 33 OF TOWNSITE OF REDMOND,
DESCHUTES COUNTY, OREGON,
Subject to the covenants, conditions, restrictions and /or easements, if any, affecting title, which may
appear in the public record, including those shown on any recorded plat.
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. 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.
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The true and actual consideration for this conveyance is that August 27, 2008 memorandum
of understanding between the parties and the exchange of property between the parties.
DATED this day of October, 2009.
STATE OF OREGON
. ss.
County of Deschutes
CITY OF REDMOND
George Endicott, Mayor
Personally appeared before me this day of October, 2009, the above -named GEORGE
ENDICOTT, Mayor of the City of Redmond, who acknowledged the foregoing instrument to be
their voluntary act and deed.
Notary Public of Oregon
ACCEPTED BY DESCHUTES COUNTY
TAMMY BANEY, Chair
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MEMORANDUM OF UNDERSTANDING
TRANSFER OF IMPROVED REAL PROPERTY
PARTIES: DESCHUTES COUNTY
a Political Subdivision
State of Oregon
AND
( "County ")
THE CITY OF REDMOND, OREGON,
an Oregon Municipal Corporation ( "City ")
RECITALS:
A. The County and the City have entered into this Agreement pursuant to ORS
190.003 et seq. to carry out their respective responsibilities.
B. The County owns a legal lot of record located in Redmond, described as:
Tax Map 15- 13 -16AB Tax lots 10800, 10900 and 10901(herein "County Property ").
C. The City owns a legal lot of record also located in Redmond, described as:
Tax Map 15- 13 -16AB, Tax Lots 9600 and 9601 (herein "City Property ").
D. City Property and County Property are of approximately equal values.
E. The City desires to acquire County Property on which it intends to design and
construct a community park. However, County Property currently serves as a parking lot for the
Becky Johnson Community Center (herein "Community Center "), a County owned facility. City
intends to design and construct replacement parking for the Community Center and certain other
improvements more specifically described herein and transfer the City Property to County in
exchange for County's transfer of County Property to City.
AGREEMENT:
1. LAND USE. The City shall apply for and obtain, at City's expense, all necessary
permits and approvals for the use of City Property as a Community Center parking lot and of
County Property as a City park. City shall improve or cause to be improved City Property as a
parking lot consisting of no less than 22 parking spaces plus at least one space designed as
handicap parking. In so doing City shall comply with all local, state and federal laws, regulations
and rules governing the design and construction of such improvements. In particular, the parking
lot design shall be as generally depicted on the site plan, marked Exhibit A, attached hereto and
incorporated.
2. CONVEYANCES AND POSSESSION.
Page 1 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF
PROPERTY EL
De- 2008 -485
2.1 Assuming the land use actions described above in Paragraph 1 are successful, and
conditions precedent to closing are complete or waived, the City will convey the City Property to
the County and the County will simultaneously convey to City the County Property. The parties
have determined that their respective interests will be better served and that the public interest
will be furthered by these transfers.
2.2 City shall be entitled to possession of the County Property on January 1, 2009, or
upon signing of Intergovernmental Agreement, whichever is earlier. If the improvements to City
Property are not completed by that date, City shall provide temporary alternative parking.
3. CONDITIONS PRECEDENT TO CLOSING
3.1 City Obligations. Improvements to City Property, including the removal of the
existing dwelling, site preparation, design and installation of parking (at least 22 spaces plus one
ADA accessible parking space), drainage, sidewalks, drive approaches, corner sidewalk ramps,
an ADA accessible walkway from the parking lot to the intersection of SW 8th St. and Deschutes
Ave. parking lot lighting and landscaping (including an automatic irrigation system), shall be
substantially complete. City shall design and construct along SW 8th Street near the Community
Center in the public right -of -way at least one dedicated accessible parking space, as well as a
dedicated on -street bus drop- off/pick -up space on the eastern side of SW 8th Street adjacent to
the Community Center, all subject to ADA design standards. City shall also design and
construct, per ADA design standards, corner sidewalk ramps and ADA compliant crosswalks
(both sides of SW 8th St.) at the intersection of SW 8th Street and Deschutes Ave. In undertaking
the project described in this paragraph City shall comply and require its contractors and agents to
comply with all required public contracting laws and requirements, including without limitation
prevailing wage requirements for a public works project and the required posting of bonds and
insurance over the project.
3.2 County Obligations. County will sign a property release allowing for all
appropriate due diligence and land use review on the County property prior to City possession if
necessary.
3.3 County shall enter into a shared - parking agreement, allowing public use of the
parking facility when the Community Center is not using the facility.
3.4 Preliminary Title Report. The City shall obtain a preliminary title report on both
City Property and County Property. As of the date of closing each property shall have clear, lien
free title to the receiving party's satisfaction. Title to the properties shall be conveyed by bargain
and sale deed.
3.5 City shall create, design and construct in conjunction with the Deschutes
Children's Foundation, a children's play area ( "Improvements ") of a minimum of 2,000 square
feet, in addition to the existing play area (approximately 607 square feet) on City property east of
the Community Center in the current alleyway and County property just south of the Community
Center structure as per Exhibit A attached. Improvements include an automatic irrigation
system, landscaping, and a perimeter wood fence (to match existing fence).
Page 2 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL
PROPERTY
3.6 City has examined County Property to its complete satisfaction and agrees to
accept same in its current "as -is" condition. County makes no representation or warranty as to
the condition or fitness of County Property for any purpose, use or activity. City shall be
responsible for obtaining at City expense all permits and approvals from regulatory agencies and
for making the site suitable for contemplated City improvements. City agrees to defend,
indemnify and hold County harmless from any and all claims, actions or lawsuits based upon the
condition of County Property, or on City's development and use of same. This provision shall
survive closing of the property transfer.
3.7 City shall cause an appraisal to be made of City Property after completion of
improvements described in paragraphs 3.1 and of County property to demonstrate that the values
of the properties are approximately equal. The appraisals will not include any of the public
right -of -way improvements described in this MOU. If the property exchange values are
materially different (greater than 15 %), both public agencies will re- negotiate the terms of this
agreement in the best interest of the public that is served.
4. EFFECTIVE DATE. The effective date of this Agreement is upon execution of
this Agreement by both parties.
5. BINDING EFFECT. The terms of this Agreement shall be binding upon and
inure to the benefit of each of the parties and each of the respective administrators, agents,
representatives, successors and assigns.
6. NO CITY OR PARTNERSHIP.
6.1 It is agreed that neither party is acting as an agent of the other party for any
purpose, that neither party is carrying out a function on behalf of the other, and that neither party
has the right of direction or control of the manner in which the other delivers services under this
Agreement nor the right to exercise any control over the activities of the other party.
6.2 Neither party is, by virtue of this Agreement, a partner nor joint venture with the
other party and neither party shall have any obligation with respect to the other party's debts or
liabilities of whatever kind or nature.
7. INCORPORATION OF RECITALS. The recitals set forth above are hereby
incorporated into and made a part of this Agreement.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement
between the parties concerning the subject matter hereof, and supersedes any and all prior or
contemporaneous agreements or understandings between the parties, if any, whether written or
oral, concerning the subject matter of this Agreement which are not fully expressed herein. This
Agreement may not be modified or amended except by a writing signed by both parties.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
Page 3 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL
PROPERTY
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007. 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 DEFINES 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.
ATTEST:
ITS: r,/19e-
y dt.) ?-027-0
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Recording Secret Date
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
IS R. LUKE, AIR
TA Y TO
COMMISSIONER
8 fir.
Da e M HAEh OMMISSIONER
Page 4 of 4 MEMORANDUM OF UNDERSTANDING TRANSFER OF IMPROVED REAL
PROPERTY