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HomeMy WebLinkAboutAccept Deed re Land Exchg - ODOTDeschutes 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 10, 2008 Please see directions for completing this document on the next page. DATE: December 3, 2008 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2008-631, acceptance of a Special Warranty Deed i rom U.S. Bank to Deschutes County. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: By Resolution No. 2002-091, Deschutes County declared its intent to exchange real property with the State ,)f Oregon, Department of Transportation (ODOT). In exhange for three parcels of land from ODOT, the county agreed to transfer property located at 63055 Hwy 97, Bend, commonly known as the Welcome Center, to OI)OT. According to the Intergovernmental Agreement (DC 2002-312) ODOT transferred ownership of the state owned property to the county, subject to a reversionary interest to the State in the event the Welcome Center is not transferred to the State, and ODOT began occupying the Welcome Center. At the time of the exchange, the Welcome Center was encumbered by an Installment Purchase and Trust Agreement. Title to the property was to remain in the trustee's name until the loan was paid in full on Noveinber 1, 2008. The county made the final debt service payment effective October 27, 2008, and the trustee, U.S. Bank, has conveyed all of its interest in the property to Deschutes County by special warranty deed. ORS 93.808 requires counties to accept conveyances prior to recording. FISCAL IMPLICATIONS: The consideration for receiving title to the real property is the full payment of the loan obligation. Deschutes County will receive real property, an asset, upon recordation of this deed but will immediately convey title 1 ODOT as required by the Intergovernmental Agreement. RECOMMENDATION & ACTION REQUESTED: Staff recommends acceptance of the Special Warranty Deed, Document 2008-631. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Teresa Rozic will record the deed with the County Clerk. Please return the original document to her upon signature by the board. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, on a Board agenda or can be signed by on a the Agenda Requestbe is Ishrequired. County yAd thisn form is notDincluded ame with the the agenda, ADepartment. submit Form is also Board Secretary for regardless he document the documreturnedent is be County Administrator Please theu mitCodocuments then aBoar to sub Department ent poses, If the document is to Legal o a Board trackingrp and not document, directly ubmCou Counsel, to electronically to the Board Secretary.) purposes, matting this form with your documents, please submit this form Please complete all sections above the Official Review line. Date: December 3, 2008 Department: Property & Facilities Contractor/Supplier/Consultant Name: U.S. Ban Contractor Contact: Glendy Yuen k Contractor Phone #: 206.344.4660 Type of Document: Special Warranty Deed convey title to Deschutes debt service. Goods and/or Services: Deed to coCounty upon full payment Background & History: By Resolution No. 2002-091, Deschutes intent to exchange real property with the State of Oregon, Department County declared its f (ODOT). In exhange for three parcels of land from ODOT, the county partmTraen to ortntransfer property located at 63055 Hwy 97, Bend, commonly known as the Welcome Center, ODOT. to According to the Intergovernmental Agreement (DC 2002-312) ODOT transferred ownership of the state owned property to the county, subject to a reversionary interest to the State in the event the Welcome Center is not transferred to the State, and ODOT began occupying the Welcome Center. At the time of the exchange, the Welcome Center was encumbered by an Installment Purchase and Trust Agreement. Title to the property was to remain in the trustee's name until the loan was paid in full on November 1, 2008. The county made the final debt service payment effective October 27, 2008, and the trustee, U.S. Barak, has conveyed all of its interest in the property to Deschutes County by special warranty deed. ORS 93.808 requires counties to accept conveyances prior to recording. Agreement Starting Date: Upon recordation. Ending Date: N/A1 Annual Value or Total Payment: The consideration for receiving title to the real property is the full payment of the loan obligation. Deschutes County will receive real property, an asset, upon recordation of this deed but will immediately convey title to ODOT as required by the Intergovernmental Agreement. N/A ❑ Insurance Certificate Received (check box) Insurance Expiration Date: 12/3/2008 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) N/A Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No 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 ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Department Director Approval: Teresa Rozic, Property Specialist Phone #: 385-1414 /1,/-5/49 Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Teresa Rozic will record the deed with the County Clerk. Please return the original document to her upon signature by the board. Official Review: County Signature Required (check one): E BOCC E Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 2008-631 12/3/2008 After Recording, Return To: For Recording Stamp Only Deschutes County Property Management Dept 14 NW Kearney St Bend, OR 97701 After Recording, Forward All Tax Statements To: SAME SPECIAL WARRANTY DEED U.S. BANK, N.A. as Trustee, Grantor, conveys and specially warrants to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, the following described real property free of encumbrances created or suffered by the Grantor except as specifically set forth herein. Legal Description: See Exhibit "A". This property is free from liens and encumbrances, except: See Exhibit "B". 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 TIIE 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 consideration for this conveyance is full payment and performance of the obligation secured by Installment Purchase and Trust Agreement by and between Deschutes County, Oregon, Purchaser, PAGE 1 OF 2 and Security Pacific Bank Oregon, Trustee, dated as of November 1, 1988 and recorded as an attachment to Deed recorded in Book 174 at page 1566, Official Records of Deschutes County. DATED this P:7 day of d)64-M,e4t , 2008. U.S. BANIN.A:.\ as Tru By: y Shu &v fiJJ4J707v7 IA Ct7 a ey, erl ACCEPTANCE The above deed is hereby accepted by Grantcc in accordance with the terms and conditions set out therein. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair ATTEST: TAMMY BANEY, Vice -Chair Recording Secretary STATE OF OREGON ) ) ss. County of Deschutes ) MICHAEL M. DALY, Commissioner Before me, a Notary Public, personally appeared DENNIS R. LUKE, TAMMY BANEY and MICHAEL M. DALY the abovc-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 2008. Notary Public for Oregon My Commission Expires: PAGE 2 of 2 Exhibit A A parcel of land located in the Southeast quarter of the Northeast quarter of Section 20, in Township 17 South, Range 1.; East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Commencing at an axle marking the Southwest corner of said Southeast quarter of the Northeast quarter, said point being the Northwest corner of Tract 10, Norwood; thence North 00°21'39" East, 359.08 feet to the Southwest corner of Norwood, Tract 9; thence South 89°33'54" East, 455,04 feet along the South line of said Tract 9 to a 5/8" iron rod and the point of beginning; and running thence North 05°04'55" East a distance of 370.41 feet to a 5/8" iron rod; thence South 86°00'00" East, 293.17 feet to a 5/8" iron rod on the Westerly right-of-way of U.S. Highway 97; thence South 1404'22" West, 256.31 feet to PC 7484-17.7; thence 104.35 feet along the arc of a 2,914.79 foot radius curve left (the long chord of which bears South 12°59'19" West, 104.34 feet) to a 5/8" iron rod on the South line of said Tract 9; thence leaving said Westerly right-of-way North 89°33'54" West, 240.00 feet to the point of beginning. Order No: 66756 Page 2 Exhibit B GENERAL EXCEPTIONS: A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. B. Any facts, rights, interests, easements or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water whether or not the matters excepted under (a), (b), or (c) are shown by the public records. D. Any encroachtnent, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land surrey of the Land. L. Statutory liens or other liens or encumbrances. or claims thereof, which are not shown by the public records. SPECIAL EXCEPTIONS: 1. REAL PROPERTY TAXES for the fiscal year 2008-09 are a lien in an amount to be determined, but not vet due and payable. (Currently Non -Assessable) Any unpaid assessments or charges and liability for further assessments or charges by THE CITY OF BEND. 3. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of the SWALLEY IRRIGATION DISTRICT. 4. FINANCING STATEMENT and the ternts and conditions thereof: Secured Party: United States National Bank of Oregon, as Trustee Debtor: Deschutes County, Oregon Covers: All fixtures Recorded: August 16, 1991 Book - Page: 242 - 2299 The Financing Statement was Assigned. Assignee: First Bank, N.A., d.b.a. First Trust Oregon Recorded: December 21, 1993 Book - Page: 323 - 833 The Financing Statement was Assigned. Assignee: U.S. Bank, National Association Recorded: May 17, 2001 Book - Page: 2001 - 23244 A Continuation Statement has been filed: Recorded: May 17, 2001 Book - Page: 2001 - 23245 A Continuation Statement has been filed: Recorded: April I0.2006 Book - Page: 2006 - 24361. :. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, disclosed by the recorded plat of NORWOOD. Order No: 66756 Page 3 6. EASEMENT and the terms and conditions thereof: Grantee: City of Bend Purpose: Waterline Recorded: July I, 1987 Book - Page: 147 - 2355 Area affected: Affects a portion of said premises and other property UNRECORDED AGREEMENT and the terms and conditions thereof: Between: State of Oregon, by and through its Department of Transportation, Highway Division; and Deschutes County, a political subdivision of the State of Oregon, by and through its Board of Commissioners As Disclosed By: Assignment Recorded: November 22, 1988 Book - Page: 174 - 1554 Said Agreement was Assigned by instrument: Recorded: November 22, 1988 Book - Page: 174 - 1554 To: Oregon Bank, Trustee for Deschutes County, a political subdivision of the State of Oregon 8. COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument: Recorded: November 22, 1988 Book - Page: 174 - 1566 Omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin. ancestry, or source of income, as set forth m applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 9. RESERVATIONS AND OTHER MATTERS and the terms and conditions thereof: Recorded: November 22, 1988 Book - Page: 174 - 1 566 10. AGREEMENT and the terms and conditions thereof: Recorded: November 22, 1988 Book - Page: 174 - 1566 Regarding: Installment Purchase and Trust Agreement 11. RESOLUTION and the terms and conditions thereof: Recorded: November 28, 1988 Book - Page: 174 - 2300 12. AGREEMENT and the terms and conditions thereof: Recorded: March 15, 1989 Book - Page: 180 - 1216 Regarding: Consent to annexation 13. EASEMENT and the terms and conditions thereof: Grantee: Pacific Northwest Bell Telephone Company Purpose: Underground communication lines Recorded: September 25, 1989 Book - Page: l 92 - 2090 Area affected: Affects a portion cif said premises and other property Order No: 66756 Page 4 14. AGREEMENT and the terms and conditions thereof: Recorded: June 15, 1999 Book - Page: 1999 - 29427 Regarding: Water service END OF SPECIAL EXCEPTIONS NOTES: a) REAL PROPERTY TAXES and special assessments, if any, levied by Deschutes County for the Tax Year 2007-08 are Non -Assessable: Tax Acct. No.: 171220 A0 01701 Code: 1-001 Serial No.: 174422 h) According to the County Tax Assessor's records, the address of said property is: 63055 HWY. 97 BEND, OREGON 97701 c) We find no conveyances affecting said property recorded within 24 months of the date of this report. d) Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. ENI) OF SCHEDULE B TML:ttnl REVI WED LEGA COUNSEL L MARY DESCHCOUNTY OFFICIAL UTES COUNTYRCLERKS CJ 2002-1 222 COMMISSIONERS' JOURNAL 10/01/2002 03:17;16 PM IIIUIIIIIIIlIIIIHhIIlIII IIII 200201220 t,or Kecoramg Stamp uniy BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Declaring the Intention of Deschutes County to Exchange Real Property with the State of Oregon, Department of Transportation, Setting a Hearing for the Purpose of Hearing Objections to the Transfer and Providing Notice. RESOLUTION NO. 2002-091. WHEREAS, ORS 275.100 provides that the Board Of County Commissioners shall declare its intention to exchange real property by proper resolution; and WHEREAS, a hearing shall be held for the purpose of receiving objections to the proposed exchange of real property described as the Central Oregon Welcome Center, attached as Exhibit "A"; and WHEREAS, Deschutes County intends to exchange real property with the State of Oregonfor other real property described in Exhibit "A" and for a credit for real property, services, or material, to be determined at a future date; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSLONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The real property to be transferred by Deschutes County to the State of Oregon is described in Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. A hearing for the purpose of receiving objections to the above described land trade will be held at 10:00 a.m. on Wednesday, November 6, 2002, at La Pine High School, 51633 Coach Road, La Pine, Oregon. PAGE 1 OF 2 — RESOLUTION NO. 2002-091 (9/23/2002) Section 3. That the Clerk of the County Court 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 four consecutive weeks prior to the date of such hearing. DATED this 23rd day of September, 2002. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair ATTEST: D IS R. LUKE, Commissioner (6aAja,d1B-1,kv,____ Recording Secretary EL DAL PAGE 2 OF 2 — RESOLUTION NO. 2002-091 (9/23/2002) Commissioner September 4, 2002 E)cilrffr)/ T iq Property Exchange No. 730 INTERGOVERNMENTAL AGREEMENT Welcome Center THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; City of Bend, acting by and through its elected officials, hereinafter referred to as "City"; and Deschutes County, acting by and through its elected officials, hereinafter referred to as "County". RECITALS 1. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties 2. By the authority granted in ORS 366.395, State may sell, lease, exchange or otherwise dispose of any of its property not needed -by-it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State. 3. By authoritty granted in ORS 366.320 and 366.340, State may acquire property deemed necessary for the state highway system and for purpose of carrying out any other legal requirements. 4. By authority granted in ORS 273.416, 273.426 and 273.431, State may exchange any property held by it for other property of equal or greater value. 5. 5. For the purpose of furthering the development of a state highway system adopted in all particulars to the needs of the people of the State of Oregon, State and the parties to this agreement have determined that an exchange of certain properties in Deschutes . County should be accomplished. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT: 1.In recognition of mutual benefits which will accrue to State, City, and County, , a determination has been made that the Welcome Center, identified in Exhibit ?, attached hereto and by this reference made a part hereof, shall be exchanged by City and County to State for certain State-owned properties, with the State paying additional cash. 2.State shall transfer ownership, jurisdiction, control, and maintenance responsibilities of certain properties as identified in Exhibit A, attached hereto and by this reference made a part hereof, subject to a reversionary interest to State in the event the Welcome Center is not transferred to State by November 30, 2008. In exchange for this transfer of properties, State shall receive credit toward the purchase price of the Welcome Center, and ownership of the Welcome Center once title has been released to the County. 3.AII parties have agreed upon a purchase price of $1,450,000 for the Welcome Center, for which State will immediately transfer title to the seven properties identified in Exhibit A (which properties have an approximate value of $1,177,950). 4. In the eevert:the transfer"of title for Welcoifrie'Center cannof:occuror does not �[operties included jn;he exchange e borne Center haslbeen ;transfered,' f rids held intlieuNof the reversionary occur for arty rea bn by ' oir e 14e..; 30,f008 the will revert back ,tofhe 'S a e TM nce title to the reversionary teres vii 1 ee' released and/off interest:wiIlbefetorne .gas :,r .tea � �. ..� �. � If under separate agreements, the rers�io[�aryinterest in the properties included in the ;exchange Piave been released, lthe ''State will either tie reimbursed the. value:-ofeithe prop w y ; ti7, cash: iris 'ree o`.a ternative roe . :to 3transfer` the yin exctangefor the release Prof ' ;as the- nc s> eld in lieu to to or the We come Center ... reversionary 4If,) e 4State =rete , the reversionaryi4 eres thHose;funds`" r`'etur• ned upon+the#�a e df titII&to f ;1.0the event the a'��w eIcome,Cenrter opfion to complet the firiancial'.mstit ice on .e 'state :gas itax share"'fro p the;'City a amount paid by`the state. Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 2 • fc compleise'Ah ° payments`onf`he, •::::,:s17,4.:,:, 5 acv a v s f e fS ate yaw lI . av e omatin pad its di eo; State ill withhold _a propgrlional' ortionm nt payments up to the' c. If in the event the Cityor County no; longer control •properties included in thiS4 exchange,,and the .reversionary interest ties not b' en tran$ferred,oF purchased. under `separate areemen , th_etCity or. Cou nt r she' Ireimyburrsse^the ^State; in cash in an amount equal to the,y�a{lue of the pr•pefty +f'reii burs nt o quat value� • .�''. � b'ii�i' t "'1 i'+ HT Y L y.. � � .�ti �'�;��' canna be ade, the State, ill withhol. • 1 e ro • o Tonal state. as a share from the City;or ounty ap a ion i ay w p o ' he aluue .or ro erty . aid, ri CS imo"'ti f rece v' � •• r e m Y- p p • •O ere' o nteres y dF qu I'ify as the funds shin eu-3#o be`� urf • 4 oon h �r fe o itle to the ,yt ' •y 1Y Y . . dtl .� 1 R .4 ..` : . State for the 1 /eicome C . r � , >t �{. x s .. 7.--,,,- ., "fir ;µ;,�t bus.• �',`�'.:.,.'`�,, i��:;�`e���G�`a.��=9�,... .uir � 4f`"� .a..+ ta L7} ... rtgeStht ttis ageemet ;seo""uiieSawlt 1 ,Apaaea%nicepbno nheaing pocedues4tnQFt,275.1;00foConty`appo,.lane pg 'PA ::: -1,',,,.- L Ti CITY/COUNTY OBLIGATIONS 1. City and/or County agree to continue to make debt service payment of current principal plus interest to Security Pacific Bank until November 1, 2008, at which time the debt service will be paid in full and title to the Welcome Center shall be reconveyed to County. City and/or County shall notify State's Project Manager in writing within five business days of making each periodic debt service payment (principal and/or interest) to US Bank Trust through November 1, 2008. Prior to November 30, 2008, County shall transfer title to the Welcome Center to the State. 2. City and County agree to accept all of State's right, title and interest in the properties described in Exhibit A and to accept jurisdiction and control over the property. 3. City and County shall pass an ordinance or resolution authorizing their elected officials to enter into this agreement on behalf of each party. 4. City and County shall enter into a separate agreement with each other for the distribution of State -relinquished properties and credit balance. 5. City and County agree to include all artwork presently displayed in the Welcome Center in the sale of this property. 6. County agrees to accept a credit balance of $272,050 from the State. State and County will enter into a separate agreement for the State's obligations for off -setting the credit balance. 7. The City and County agree to submit a request for the State's approval to release the reversionary interest of property included in the exchange, prior to disposing of Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 3 any said properties ifother,properties are proposed far transferring reversionary interest, the City: and ..County wilt provide a property;ap`praisal to "tletermine'value. STATE OBLIGATIONS 1. State agrees to purchase the Welcome Center in the following manner, based on an exchange of primarily state-owned properties: PURCHASE PRICE State Property Values State Balance Due $1,450,000 (1,177,950) $ 272,050 2. State agrees maintain a credit balance of $272,050 with the County. State and County will enter into a separate agreement for the State's obligations for off -setting the credit balance. State and City/County agree that the credit balance shall be paid and / or offset in full by no later than June 30, 2009. All partiesuntler4„� ,clause held by"'ah^g xercise thefirst g he ;appraise �a lieu of the eaal:prop, If hkar properly#5 isxencum ered arthe�party has un� s'a contmgenc: will be:paid by y "fr right of reTiusal" d�ember 2Q02 ao �i (partes a4g ash equal.: Ste tg9he in County in 4. The State will consider a request submitted by the City and County to release the reversionary interest on property included in the exchange. The City or County may propose an alternative property ari'd/or a,monetdrjni,p' mount of equal value to transfer the reversionary interest in order to release the reversionary interest from a property included int the exchange Thee State's approval ,of ,%e transfer 1 e; eversionary interest 'shall not be nreasora b1 withheld 51Stateagrees fo allow `the �C y and Countjr full and imrediate'use,e t rope les Misted in in Exhibit A of in'�o dditional costjtotthe City* County. 6. State agrees to furnish City and County any maps, records, permits, surveys, title reports, and any other related data available that may be required to administer the transferred properties. 7. State agrees tolbetre onsib a for all utility costs sstiailr' Utilities �ivdl be phi •on a' pr any asis betty a ta E Welcome`;Center.unera; separate lease agreeme .o ` a Center: .an easee an the 8. State agrees to permanently publicly display all artwork that is obtained through the sale of the Welcome Center. Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 4 9. State agrees eto;:rjegotiate a five-year lease for the Bend Visitor and Convention Bureau (VCB) to remain in the Welcome Center. 10. State's Project Manager for this project is Robert W. Bryant, Region 4 Manager. GENERAL PROVISIONS The properties described in Exhibit A are relinquished and transferred subject, however, to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on March 13, 2002, and recommended for approval by the Capital Purchasing Advisory Board on August 16, 2002. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in a.line item in the approved biennial budget. Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 5 Pursuant to a Letter of Authority dated February 22, 2002, the Technical Services Manager/Chief Engineer authorized the Right of Way Manager to approve and execute agreements abandoning ODOT-owned right of way when the property is not required for future State use. CITY OF BEND, by and through its elected officials By David A. Hales, City Manager Date REVIEWED FOR CITY By City Legal Counsel DESCHUTES COUNTY, by and through its elected officials By Commissioner By Commissioner By Commissioner Date REVIEWED FOR COUNTY By County Legal Counsel Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 6 STATE OF OREGON, by and through its Department of Transportation By Exec. Deputy Dir. for Highways Date APPROVAL RECOMMENDED By Region 4 Manager Date By Right -of -Way Manager Date By Tech Svcs Mgr/Chief Engineer Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 7 Exhibit A SUMMARY OF EXHIBIT A PROPERTIES Unit Area Appraised Value Location 1 30,000 SF $222,150 Corner of Lafayette and The Parkway 2 4,000 SF $49,200 Corner of Hawthorne Ave. and The Parkway 3 5,000 SF $210,000 Corner of Hill St. and The Parkway 4 8.65 Acres $212,000 Forked Horn Butte Cinder Pit (Wickiup Avenue south of Redmond) 5 Parcel 1 — 5.21 Acres Parcel 2 — 24,050 SF Parcel 3 —17,520 SF Parcel 4 — 400 SF $406,500 Powers Road Property (Kenny Roach Property) 6 6,113 SF $39,500 Corner of Roosevelt and The Parkway 7 5,250 SF- $38,600 Corner of McKinley and The Parkway TOTAL $1,177,950 Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 8 EXHIBIT A, Continued PROPERTY DESCRIPTIONS Unit 1 Property located at the Corner of Lafayette and The Parkway A parcel of land lying in the NE'/NE% of Section 32, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property acquired by the State of Oregon, by and through its Department of Transportation, designated as Parcel 2 in that Stipulated Final Judgment dated September 23, 1996, entered as Circuit Court Case No. 94 -CV -0465 -ST, Deschutes County, Oregon; the said parcel being that portion of said property lying Westerly of the following described line: Beginning at a point opposite and 62.33 feed Westerly of Engineer's Station 249+00 on the center line of the relocated The DaIles-California Highway; thence Southerly parallel with said center line to a point opposite Engineer's Station 250+00; thence Southerly in a straight line to a point opposite and 65 feet Westerly of Engineer's Station 253+00 on said center line which center line is described in Parcel 3 of said Stipulated Final Judgment. The parcel of land to which this description applies contains 15,235 square feet, more or Tess. NOTE: This parcel lies within the NEVNE% of Section 32, T.17 S., R 12 E., W.M. A parcel of land lying in Lots 5, 6, and 7, Block 3, NORTH ADDITION TO BEND, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being a portion of those properties designated as Parcel 2 and described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 520, Page 901 and recorded in Volume 520, Page 904, both of Deschutes County Records; the said parcel being that portion of said property lying Westerly of the following described line: Beginning at a point opposite and 65 feet Westerly of Engineer's Station 253+00 on the center line of the relocated The DaIles-California Highway; thence Southerly in a straight line to a point opposite and 72 feet Westerly of Engineer's Station 254+00 on said center line; thence Southerly in a straight line to a point opposite and 80 feet Westerly of Engineer's Station 254+25 on said center line; thence Westerly in a straight line to a point opposite and 175 feet Westerly of Engineer's Station 254+50 on said center line which center line is described in Parcel 1 of said deeds. The parcel of land to which this description applies contains 13,675 square feet, more or Tess. Jurisdictional Exchange No. 730 9 Welcome Center Deschutes County City of Bend VCB NOTE: This parcel lies within the SE%NE'/4 of Sec 32, T 17 S., R 12 E., W.M. Unit 2 Property located at the Corner of Hawthorne Avenue and The Parkway A parcel of land lying in Lot 8, Block 26, Bend, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being a portion of those properties described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 371, Page 1195 and recorded in Volume 452, Page 0018, both of Deschutes County Records; the said parcel being that portion of said property lying Northerly and Westerly of the following described line: Beginning at a point opposite and 56.91 feet Westerly of Engineer's Station 266+50 on the center line of the relocated The Dalles-California Highway; thence Southerly in a straight line to a point opposite and 70 feet Westerly of Engineer's Station 268+30 on said center line; then Southwesterly in a straight line to a point opposite and 105 feet Westerly of Engineer's Station 268+55 on said center Zine; thence Westerly in a straight line to a point opposite and 180 feet Westerly of Engineer's Station 268+75 on said center line which center line is described as follows: Beginning at Engineer's center line Station 252+67.15, said station being 4023.92 feet North and 827.89 feet West of the Southeast corner of Section 32, Township 17 South, Range 12 East, W.M.; thence South 0°28'57" West 3232.85 feet to Engineer's center Zine Station 285+00. Bearings are based upon the Oregon Coordinate System of 1983, South Zone. The parcel of land to which this description applies contains 4,594 square feet, more or less. NOTE: This parcel lies within the NEIASE'/4 of Sec 32, T 17 S., R 12 E., W.M. Unit 3 Property located at the Corner of Hill Street and Greenwood Avenue A parcel of land Tying in Lot 1, Block 25, BEND, CROOK COUNTY, OREGON, now in Deschutes County, Oregon and being that property described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 368, Page 1933, Deschutes County Records. The parcel of land to which this description applies contains 5,000 square feet, more or less. NOTE: This parcel lies within the SE' NE'/4 of Sec 32, T 17 S., R 12 E., W.M. Jurisdictional Exchange No. 730 10 Welcome Center Deschutes County City of Bend VCB Unit 4 Property located at Forked Horn Butte Cinder Pit (Wickiup Avenue) South of Redmond A parcel of land lying in the Northwest One -Quarter of the Northwest One - Quarter (NW'/NW'/) of Section 29, Township 15 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon and being that property described in those deeds to the State of Oregon, by and through its State Highway Commission, recorded in Book 53, Page 647, and in Book 93, page 227 of Deschutes County Record of Deeds. EXCEPT that portion dedicated as a public road by deed, recorded January 25, 1978, in Book 266, Page 545, Deed Records. Unit 5 Property located at (Kenny Roach Property) PARCEL 1 - SALE A parcel of land Tying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197, Deschutes County Records; the said parcel being that portion of said property lying Northwesterly of the following described line: Beginning at a point opposite and 75.00 feet Northwesterly of Engineer's Station 372+17.86 on the center line of the relocated The Dalles-California Highway; thence Southwesterly in a straight line to a point opposite and 80.00 feet Northwesterly of Engineer's Station 374+00.00 on said center line; thence Southwesterly in a straight line to a point opposite and 85.00 feet Northwesterly of Engineer's Station 377+17.86 on said center line; thence Southwesterly in a straight line to a point opposite and 84.00 feet Northwesterly of Engineer's Station 380+00.00 on said center line; thence Southwesterly in a straight line to a point opposite and 82.50 feet Northwesterly of Engineer's Station 383+35.00 on said center line. The center line of the relocated The Dalles-California Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 49898, Deschutes County Records. ALSO that portion of that property described in, that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records lying Northwesterly of said described line. Jurisdictional Exchange No. 730 11 Welcome Center Deschutes County City of Bend VCB ALSO that portion of that property described in that Donation Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2002, Page 14131, Deschutes County Records Tying Northwesterly of said described line. EXCEPT therefrom that property Tying Southerly of the South line of that property described in that Warranty Deed to Rudy Donald Stark and Mitra Vuicich, recorded in Volume 130, Page 455, Deschutes County Records and Southerly of the Easterly extension of said South line. The parcel of land to which this description applies contains 5.21 acres, more or less. PARCEL 2 — Reserving a Permanent Easement for Access A parcel of land Tying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in those deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197 and in Volume 2002, Page 14131 both of Deschutes County Records. Beginning on the North line of Parcel 1 at a point 95.00 feet Westerly of the Northwest corner of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records; thence Southerly, parallel with the West line of said last -Mentioned property, to the Westerly extension of the South line of said last- mentioned property; thence Southerly, in a straight line, to the Easterly extension of the North line of that property described in that Donation Deed to the State of Oregon, by and through its Department of Transportation, -recorded in Volume 2002, Page 14131, Deschutes County Records at a point 45.00 feet Easterly of the Northwest corner of said last-mentioned property; thence Southerly, parallel with the West line of said last- mentioned property, to the Southeast line of Parcel 1; thence Southwesterly, along said Southeast line, to the South line of said last-mentioned property; thence Westerly along said South line to the Southwest corner of said last-mentioned property; thence Northerly along the West line of said last-mentioned property to the Northwest corner of said last-mentioned property; thence Northerly, in a straight line, to the Westerly extension of the South line of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 389, Page 2796, Deschutes County Records at a point 125.00 feet Westerly of the Southwest corner of said last-mentioned property; thence Northerly, parallel with the West line of said last-mentioned property, to the North line of Parcel 1; thence Easterly, along the North line of Parcel 1, a distance of 30.00 feet to the point of the beginning. The parcel of land to which this description applies contains 24,050 square feet, more or less. Jurisdictional Exchange No. 730 12 Welcome Center Deschutes County City of Bend VCB PARCEL 3 — Reserving a Permanent Easement for Water Lines, Fixtures, and Facilities A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in those Warranty Deeds to the State of Oregon, by and through its Department of Transportation, recorded in Volume 347, Page 1197 and in Volume 389, Page 2796 both of Deschutes County Records; the said parcel being that portion of said property described as follows: Beginning at the Northeast corner of Parcel 1; thence Southwesterly along the Southeast line of Parcel 1 to a point opposite Engineer's Station 375+10.00 on the center line of the relocated The Dalles-California Highway; thence Northwesterly, at right angles to said Southeast line, to a line parallel with and 20.00 feet Northwesterly of said Southeast line; thence Northeasterly, parallel with said Southeast line, to a line parallel with and 40.00 feet Southerly of the North line of Parcel 1; thence Northwesterly, in a straight line, to the intersection of a line parallel with and 40.00 feet Northwesterly of said Southeast line with a line parallel with and 20.00 feet Southerly of said North line; thence Westerly, parallel with said North line, to a line parallel with and 20.00 feet Easterly of the West line of Parcel 1; thence Southerly, parallel with said West line, to a line parallel with and 50.00 feet Southerly of said North line; thence Westerly, parallel with said North line, to said West line; thence Northerly, along said West line, to the Northwest corner of Parcel 1; thence Easterly, along said North line, to said Northeast corner and the point of beginning. The center line of the relocated The Dalles-California Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 29898, Deschutes County Records. The parcel of land to which this description applies contains 17,520 square feet, more or less. Jurisdictional Exchange No. 730 13 Welcome Center Deschutes County City of Bend VCB PARCEL 4 — Reserving a Permanent Easement for Water Lines, Fixtures, and Facilities A parcel of land lying in Tract 3, BLAKLEY HEIGHTS, Deschutes County, Oregon and being a portion of that property described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded. in Volume 389, Page 2796, Deschutes County Records; the said parcel being that portion of said property lying between lines at right angles to the center line of the relocated The DaIles-California Highway at Engineer's Stations 374+75.00 and 374+95.00; and included in a strip of land 20.00 feet in width lying on the Northwesterly side of the Southeast line of Parcel 1. The center line of the relocated The DaIles-California Highway referred to herein is described in that Warranty Deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 2000, Page 49898, Deschutes County Records. The parcel of land to which this description applies contains 400 square feet, more or less. NOTE: All of Parcel 2 lies within Parcel 1. Parcel 2 will be reserved for Tax Lots 18-12- 08B-1502 and 1504 of Deschutes County. All of Parcel 3 lies within Parcel 1. Parcel 3 includes 600 square feet of Parcel 2. Parcel 3 will be reserved for certain tax lots served by the water lines. All of Parcel 4 lies within Parcel 1. All of Parcel 4 lies within Parcel 3. Parcel 4 is for a junction box at this location. Parcel 4 needs to include ingress/egress rights over Parcel 1 for access. Parcel 4 will be reserved for Arnold Irrigation District. These parcels lie Northwesterly of Engineer's center line Station 376+00. These parcels lie within the SE'/NWV of Section 8,m T 18 S., R 12 E., W.M. Parcel 1 lies within Tax Lots 18-12-08B-1500, 1501, and 1505 of Deschutes County. Parcel 2 lies within Tax Lots 18-12-08B-1500 and 1505 of Deschutes County. Parcel 3 lies within Tax Lots 18-12-08B01500 and 1501 of Deschutes County. Parcel 4 lies within Tax Lot 18-12-08B-1501 of Deschutes County. Unit 6 Property located at Roosevelt and The Parkway A parcel of land lying in the NE%SE'/ of Section 5, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon and being a portion of that property designated as Parcel 2 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 506, Page 271, Deschutes County Records; the said parcel being that portion of said property lying Easterly of the following described line: Jurisdictional Exchange No. 730 14 Welcome Center Deschutes County City of Bend VCB Beginning at a point opposite and 91.15 feet Easterly of the center line of the relocated The Dalles-California Highway at Engineer's Station 327+26.63; thence Northeasterly in a straight line to a point opposite and 96.91 feet Easterly of Engineer's Station 326+01.87 on said center line. ALSO that property designated as Parcel 3 and described in said State of Oregon deed. The center line of the relocated The Dalles-California Highway referred to herein is described in said State of Oregon deed. The parcel of land to which this description applies contains 6,113 square feet, more or less. NOTE: This parcel lies within the NEY4SE'/ of Sec 5, T 18 S., R 12 E., W.M. Unit 7 Property located at McKinley at The Parkway A parcel of land lying in the NEY4SEY of Section 5, Township 18 South, Range 12 East, W.M., Deschutes County, Oregon and being that property designated as Parcel 2 and described in that deed to the State of Oregon, by and through its Department of Transportation, recorded in Volume 529, Page 478, Deschutes County Records. The parcel of land to which this description applies contains -5,250 square feet, more or less. NOTE: This parcel lies within the NEYSE'/ of Section 5, T 18 S., R 12 E., W.M. Jurisdictional Exchange No. 730 Welcome Center Deschutes County City of Bend VCB 15 PUBLIC NOTICE On Wednesday, November 6, 2002, 10:00 a.m. at La Pine High School, 51633 Coach Road, La Pine, Oregon, the Board of County Commissioners of Deschutes County, Oregon, will hold a hearing on an exchange of real property with the Oregon Department of Transportation and Deschutes County. The real property to be transferred by the above referenced parties is generally described as follows: The Central Oregon Welcome Center, 63045 N. Highway 97, Bend, Oregon. A copy of Deschutes County Board of Commissioner Resolution 2002-091 can be obtained from the Deschutes County Clerk's Office for more detailed information pertaining to the actual legal descriptions of the subject properties. The meeting location is wheelchair accessible. Materials are available in alternate formats. For the deaf or hard of hearing, an interpreter or assistive listening system will also be provided with 48 hours notice. To arrange for these services or for more information, please contact the Commissioners' Office at (541) 388-6572. Any person may appear and make objections to the proposed exchange. DATED this 23rd day of September, 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair To be posted: October 4, 2002 To be published: October 4, 11, 18, 25, 2002 EXHIBIT "B"