HomeMy WebLinkAboutOrder 099 - Release Interest - Real Propgv
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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 December 1, 2008
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DATE: November 26, 2008
TO: Deschutes County Board of Commissioners
FROM: Mark Pilliod, Legal
TITLE OF AGENDA ITEM:
An Order Releasing Interest in Certain Real Property in Juniper Ridge Public hearing? No.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Bend has entered into an agreement to sell a portion of the Juniper Ridge property to
Suterra. Suterra is an important light industrial business that is consistent with the conceptual master
plan for Juniper Ridge and is located within the industrial area of Juniper Ridge. Suterra will build a
major new light industrial facility in Bend that will create many jobs and will help kick off the Juniper
Ridge development for the City. Suterra will provide ongoing jobs as part of its operations as well
important construction jobs for the Suterra plant buildings and for related infrastructure.
The County conveyed Juniper Ridge to the City subject to a reversion that the property be used for a
"public purpose." Later the County clarified this condition by requiring that the City prepare a master
plan for the development of Juniper Ridge, which the City has completed and the Board has appro\ ed.
The attached Order and RELEASE OF REVERSION AND QUITCLAIM DEED approves this transfer
and removes the County's reversionary interest in the property.
FISCAL IMPLICATIONS:
None for the County.
RECOMMENDATION & ACTION REQUESTED:
Approve the Order and sign the Release of Reversion and Quitclaim Deed
ATTENDANCE: Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Original will be picked up from the County
REVIEW ' if/4
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Releasing Interest in Certain Real
Property in Juniper Ridge. ORDER NO. 2008-099
*
WHEREAS, pursuant to Order No. 90-095, the County authorized conveyance to the City of Bend
("City") of approximately 1500 acres of surplus real property located north of Cooley Road and commo ply
known as Juniper Ridge; and
WHEREAS, Order No. 90-095 placed certain conditions on the City's transfer and future use of Juni:)er
Ridge; and
WHEREAS, the County executed and delivered and the City accepted a Bargain and Sale Deed for
Juniper Ridge (the "Deed"), which included a condition that such property be used for a public purpose; and
WHEREAS, the City has entered into an agreement with a private corporation to convey to that
corporation certain property within Juniper Ridge, more particularly described on the attached RELEASE OF
REVERSION AND QUITCLAIM DEED, has indicated that future development by its purchaser will serve
an important public purpose of job creation and has requested that the County approve such transfer with respect
to compliance with the terms of the Deed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The County hereby consents to the transfer of certain property located within Juniper Ridge,
and approves the attached RELEASE OF REVERSION AND QUITCLAIM DEED.
DATED this 1st day of December , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST: DENNIS R. LUKE, Chair
Recording Secretary TAMMY BANEY, Vice -Chair
MICHAEL M. DALY, Commissioner
PAGE 1 OF 1- ORDER No. 2008-099 (12-01-2008)
AFTER RECORDING RETURN TO:
Peter M. Schannauer
64458 Coyote Run Lane
Bend, OR 97701
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
RELEASE OF REVERSION AND QUITCLAIM DEED
This Release of Reversion and Quitclaim Deed is made and entered into on this
day of December, 2008, by the Board of County Commissioners of Deschutes County, Oregon
("County").
WHEREAS, on November 14, 1990, the County conveyed certain real property to the
City of Bend ("City") by Bargain and Sale Deed for "so long as the real property is used for a
public purpose." The Bargain and Sale Deed was recorded on December 20, 1990, in Book 225,
Page 1282 in the Deschutes County records. The real property conveyed is legally described on
Exhibit A, attached hereto and incorporated by reference herein (the "Property").
WHEREAS, the City now wishes to convey a portion of the Property to a third party for
construction and operation of a manufacturing facility and such third party will not purchase the
Property unless the County removes any and all reversionary rights and any other rights, title,
and interest in and to that portion of the Property described on Exhibit B, attached hereto and
incorporated by reference herein ("Exhibit B Property").
THEREFORE, the County hereby releases any and all claims for any reversionary right it
may have now or in the future and also hereby fully releases and quitclaims any and all
remaining ownership interests of any nature, if any, that it may have in the Exhibit B Property to
the City.
The true and actual consideration for this conveyance is One Dollar ($1.00) and other
good and valuable consideration other than money.
[Signatures appear on following page.]
1 - RELEASE OF REVERSION AND QUITCLAIM DEED
DATED this day of December, 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS LUKE, Chair
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary MICHAEL DALY, Commissioner
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared
, and , 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 December, 2008.
Notary Public for Oregon
My commission expires:
K:\1858589\00001 \18009 BAJ\18009A23YD
2 — RELEASE OF REVERSION AND QUITCLAIM DEED
EXHIBIT A
Legal Description of Property
Township Sixteen (16), Range Twelve (12) East of the Willamette Meridian, Section Thirty -Four
(34) (SW 1/4 SE 1/4, E 1/2 SE 1/4); and Section Thirty -Five (35) (N 1/2 NW 1/4, SW 1/4
NW 1/4);
Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Section
Two (2), Lots 3 and 4 (SW 1/4 NW 1/4, W 1/2 SW 1/4); Section Three (3), Lots 1 and 2 (S 1/2
NE 1/4, SE 1/4); Section Ten (10) (All); and Section Eleven (11) (W 1/2 W 1/2);
SUBJECT TO: All encumbrances of record and those common and apparent on the land.
EXHIBIT A — RELEASE OF REVERSION AND QUITCLAIM DEED
EXHIBIT B
Description of Exhibit B Property
A PARCEL OF LAND BEING A PORTION OF PARCEL 1, AS SHOWN ON PARTITION PLAT
NO. 2007-78, OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON, LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST,
WILLAMETTE MERIDIAN, CITY OF BEND, DESCHUTES COUNTY, OREGON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LYING SOUTH 82°00'46" EAST, A DISTANCE OF 1463.74 FEET
FROM THE QUARTER CORNER COMMON TO SECTIONS 9 & 10, TOWNSHIP 17 SOUTH,
RANGE 12 EAST, WILLAMETTE MERIDIAN, MARKED BY A 3 1/2" DIAMETER ALUMINUM
CAP STAMPED PROPERTY CORNER, 1/4, T17S R12E, S9 S10, LS 1081,1993;
THENCE, EAST, A DISTANCE OF 580.00 FEET, TO A POINT;
THENCE, SOUTH, A DISTANCE OF 600.00 FEET, TO A POINT;
THENCE, WEST, A DISTANCE OF 580.00 FEET, TO A POINT;
THENCE, NORTH, A DISTANCE OF 600.00 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 7.99 ACRES, MORE OR LESS.
EXHIBIT B — RELEASE OF REVERSION AND QUITCLAIM DEED