HomeMy WebLinkAboutMemo - Release Reversionary InterestMEMORANDUM
TO: Susan Ross
FROM: Teresa Rozir7, _,
DATE: February 9, 2011
RE: Request to Release Reversionary Clause
The buyer of property at 21700 Neff Rd, Bend, has asked the County to release
its reversionary interest in a portion of the property. I recommend that the board
consider granting this request.
In 1977 Deschutes County conveyed approximately 120 acres to Bend Metro
Park & Recreation District ("BMPR"). This land is at the corner of Neff and
Hamby Roads, current site of Big Sky Park and other public buildings. The
conveyance was granted "with the specific reservation that if this real property
ceases to be used for a public use, it shall revert to the grantor."
In 1992 BMPR conveyed some of that land to Robert Hartsten in a land
exchange. According to the Boundary Survey for Property Line Adjustment, the
purpose was to allow each owner to manage their respective properties without
crossing the COID Lateral A-9. In exchange for 3.69 acres west of the canal,
BMPR gave Hartsten an irregular shaped parcel (0.63 acres) west of the canal
along the southern boundary of his property and a 114' strip (3.06 acres) along
his northern boundary. See attached map. These two parcels still carry the
reversionary clause.
Successors to Hartsten filed a Minor Land Partition in 2003 to create 2 parcels.
Parcel 1 is for sale; the buyer asks that the County release its interest. Although
the 3.69 acres that went to Hartsten (now parts of taxlots 400 and 401) are not
being used for public purposes, BMPR incorporated the 3.69 acres they received
into the larger tract (now taxlot 200). I believe that Deschutes County can
release its interest in portions of taxlots 400 and 401 because there was no loss
of acreage in the 1992 land exchange and the land is being used for public
purposes.
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