HomeMy WebLinkAboutDoc 658 - Deed - Lot Line Adjust - Poe SholesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-196)
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 2, 2009
Please see directions for completing this document on the next page.
DATE: November 10, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2009 -658, a Bargain and Sale Deed.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County applied for and received approval of a property line adjustment to adjust the common
property line between two properties (both owned by the County). One property (taxlot 171217 -DI1-
00109) is on the north side of Poe Sholes Drive and is part of the public safety complex. The second
property (taxlot 171217 -D0- 00609) is on the south side of Poe Sholes Drive and is the future site o!'the
OSP /911 building.
As depicted on the attached map, Poe Sholes Drive bisects lot 109, leaving a portion of it on the south
side of the street and contiguous to the north line of lot 609. It is practical for future land use
applications and development to consolidate the remnant of lot 109 with lot 609. One of the conditions
of approval for the property line adjustment is to record a new deed that conveys ownership contaiiting
the legal description of the adjusted property.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -658.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic for recording with the Clerk.
11/09/2009'
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
Department:
Contractor /Supplier /Consultant Name:
Contractor Contact:
N/A
N /AI
Type of Document: Bargain & Sale Deed
Goods and /or Services: N/A
Property & Facilities
Contractor Phone #:
N/A
Background & History: Deschutes County applied for and received approval of a
property line adjustment to adjust the common property line between two properties
(both owned by the County). One property (taxiot 171217 -D0- 00109) is on the north
side of Poe Sholes Drive and is part of the public safety complex. The second property
(taxiot 171217 -D0- 00609) is on the south side of Poe Sholes Drive and is the future site
of the OSP/911 building. As depicted on the attached map, Poe Sholes Drive bisects
lot 109, leaving a portion of it on the south side of the street and contiguous to the north
line of lot 609. It is practical for future land use applications and development to
consolidate the remnant of lot 109 with lot 609. One of the conditions of approval for
the property line adjustment is to record a new deed that conveys ownership containing
the legal description of the adjusted property.
Agreement Starting Date:
N /AI
Annual Value or Total Payment:
None
Ending Date:
N/A 1 1 Insurance Certificate Received (check box)
Insurance Expiration Date:
N /Al
N/A Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? 1 1 Yes ® No
If No, has budget amendment been submitted? ❑ Yes n No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
11/10/20 )9
Teresa Rozic
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant- funded position so that this will be noted in the offer letter: ❑ Yes U No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Signature
Phone #: 385 -1414
�( /1L�;����'c
Date
Distribution of Document: Original to Teresa Rozic for recording with the Clerk.
Official Review:
County Signature Required (check one): ❑ BOCC El Department Director (if <$25K)
El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
11/10/201 9
Deschutes County
Public Safety Complex
POE- SHDLES•DR
E
171217 -D0 -00109
Portion of Lot 109
to be consolidated with
Lot 609
171217 -D0 -00609
Property Lin Adjustment
to adjust the com on property line
between two properties
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
Deschutes County
Property & Facilities Dept
14 NW Kearney Ave
Bend, OR 97701
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 DESCHU "TES
COLTNTY, a political subdivision of the State of Oregon, Grantee, the real property described in Exhibit 'A ",
attached hereto and incorporated herein by this reference.
SUBJECT TO all encumbrances of record and those common and apparent on the land.
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 INSTRUME VT
DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION JF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH T
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LA AD
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.110
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 consideration for this conveyance is other value given that is the whole consideration.
DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice -Chair
Recording Secretary
STATE OF OREGON
County of Deschutes
ss.
ALAN UNGER, Commissioner
Before me, a Notary Public, personally appeared TAMMY BANEY, DENNIS R. LUKE and ALAN UNGER, 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 , 2009.
Notary Public for Oregon
BARGAIN & SALE DEED
DOCUMENT NO. 2009-658
My Commission Expires:
MORE SIGNATURES FOLLOW
1
LANDS BEING CONVEYED
FROM TAX LOT 171217D000109 TO TAX LOT 171217D000609
A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE - QUARTER (SE1 /4) OF SECTION 17,
TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAMETTE IVIERIDIAN,
CITY OF BEND, DESCHUTES COUNTY, OREGON
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning from a found 5/8" iron rod with no cap Tying on the North line of the Southeast One - Quarter
(SE 1/4) of the Southeast One- Quarter (SE1 /4) of said Section 17, said point bears North 89 °49'47" West,
300.24 feet, more or Tess, from the South One - Sixteenth (1/16) corner between said Section 17 and
Section 16, Township 17 South, Range 12 East, Willamette Meridian; thence along said One- Sixteenth
line, North 89 °49'47" West, 178.57 feet to the intersection with the southerly right -of -way of Poe Sholes
Drive as dedicated in Book 437, Page 609 of Deschutes County Official Records and Volume 1999, Page
1694 of Deschutes County Official Records, said point being a point of non - tangent curvature; thence
along said southerly right -of -way and along the arc of a 330.00 foot radius curve to the left an arc
distance of 41.29 feet, through a central angle of 7 °10'07" (the chord of which bears North 61 °58'01"
East, 41.26 feet) to a point of reverse curvature; thence continuing along said southerly right -of -way
along the arc of a 270.00 foot radius curve to the right an arc distance of 149.76 feet, through a central
angle of 31 °46'42" (the chord of which bears North 74 °16'10" East, 147.84 feet); thence leaving said
southerly right -of -way, South 01 °10'31" West, 60.00 feet to the point of beginning.
This description contains 0.16 acres, more or less.
Herein bearings are based upon a Record of Survey by David R. Williams, recorded in Deschutes County
Surveyor's Records as CS16444.
ACCEPTANCE
DESCHUTES COUNTY does hereby accept the foregoing Bargain and Sale Deed pursuant to ORS 93.808.
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
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared TAMMY BANEY, DENNIS R. LUKE and ALAN UNGER, 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 , 2009.
Notary Public for Oregon
My Commission Expires: