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HomeMy WebLinkAboutJuniper Ridge Reversionary Interest DocsDepartment of Administrative Services Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www. co. desch utes. or. us DECEMBER 2, 2009 TO: BOARD OF COMMISSIONERS FROM: DAVE KANNER, COUNTY ADMINISTRATOR( RE: JUNIPER RIDGE REVERSIONARY INTEREST For discussion at your December 9, 2009, work session is a request from the City of Bend for the County to quitclaim its reversionary interest on the portion of the Juniper Ridge property that is already inside the urban growth boundary; slightly more than 500 acres. Attached is a letter that I received from City Manager Eric King containing that request. After he and I talked about potential dates for a Board discussion, we agreed that it would be best to wait until after the City Council had adopted the master plan for the employment lands at Juniper Ridge. The Council has now done so. Further detail is attached; however a quick chronology of the County's involvement in Juniper Ridge is as follows: Sept. 1990 — The County deeds to the City of Bend the Juniper Ridge property. The conveyance states that the City is granted the property "so long as [it] is used for a public purpose." "Public purpose" is not defined in the deed or in the Board order authorizing the conveyance, however the Board of Commissioners stipulated that a master development plan must be developed for the property before it is committed to new uses; that the master plan be adopted by the City pursuant to an open public process; and that not less than 10% of the parcel be dedicated to public park purposes. Dec. 2003 — The Board of Commissioners amended the original order regarding the conveyance (but not the deed) to allow the City to bring about 500 acres of the Juniper Ridge land into the urban growth boundary in advance of completing the master plan, so long as the land is zoned for "industrial uses" (not defined) and the City prepares a "detailed site plan" for the 500 acres. Sept. 2007 — The Board of Commissioners quitclaims the reversionary interest on a 20 acre parcel in Juniper Ridge in advance of the master plan's completion in order to allow the Les Schwab headquarters development to move forward. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner Dec. 2008 — The Board of Commissioners quitclaims the reversionary interest on an eight -acre parcel in Juniper Ridge in order to allow the Suterra development to move forward. The master plan for the property is the City's. The County has no role in reviewing or approving the master plan, as our requirement was only that the City adopt such a plan pursuant to a public process. Last month, the City adopted a master plan, including a special overlay zoning designation for the employment lands on the 500 acres ofJuniper Ridge that are already within the urban growth boundary. County staff recommends that the Board grant the City's request. The reasons for this recommendation are as follows: 1. The City has done what it was required to do in both the original and amended conveyances. It has prepared a master plan that preserves the land for industrial development. There is nothing in the minutes of the 1990 Board meetings to indicate that the commissioners at that time envisioned any role for the County in overseeing the development ofJuniper Ridge beyond ensuring that a master plan is adopted by the City. 2. As can be explained in greater detail by representatives of the Juniper Ridge Management Board, the presence of the reversionary interest makes the property unattractive to equity partners. Without an equity partner, the City is effectively restricted to developing the property one lot at a time, with each lot requiring a separate quitclaim deed from the County. 3. If the County must quitclaim the reversionary interest on each individual parcel as it develops, the County is, for all intents and purposes, in the position of constraining development on the property without having adopted any clear guidelines as to what the County's approval criteria will be. This is arguably unreasonable exertion of authority over land we do not own and that is not in our jurisdiction. Staff recognizes that lifting the reversionary interest means the County loses its only means of enforcing the deed restriction that the property be used for public purposes and that this may be a legitimate and compelling concern for the Board; compelling enough to discount the staff recommendation. Note that the County will retain some measure of influence over the future development inasmuch as such development will inevitably impact County roads. However, since there is no definition of "public purpose" and since we can refer only to the language of the board orders (which do not carry the same legal force as a deed) to discern what the 1990 BOCC may have meant by that term, staff believes that we have no basis for exercising the reversionary interest on the 500 acres in any event. (Again, we would be lifting the reversionary interest only on that portion of the Juniper Ridge property that is already inside the UGB.) 710 WALL STREET P.O. BOX 431 BEND, OR 97709 [541] 693-2165 TEL [541] 385-6675 FAX www.ci.bend.or.us KATHIE ECKMAN Mayor MARK CAPELL Mayor Pro Tem September 9, 2009 Mr. Dave Kanner Deschutes County Administrator 1300 NW Wall Street Ste 200 Bend, Oregon 97701 Re: Juniper Ridge Property Release of County Interest in Employment Lands JIM CLINTON City Councilor Dear Dave: JODIE BARRAM City Councilor JEFF EAGER City Councilor TOM GREENE City Councilor ORAN TEATER City Councilor ERIC KING City Manager SONIA ANDREWS Finance Director SANDRA L BAXTER Police Chief LARRY HUHN Fire Chief PATRICIA STELL City Recorder This letter is to request a joint review of the November 14, 1990 bargain and sale deed for the Juniper Ridge property, and to clarify the County's interest in continued involvement in the transfer of property at Juniper Ridge. To recap, in 1990, by Order No. 90-095 the County Board of Commissioners conveyed approximately 1,500 acres of surplus land to the City. The Order in a 'Whereas" stated that the transfer was conditioned upon a requirement that "a master development plan be formulated for the property before committing the property to new uses," pursuant to an "open public process" and that "not Tess than 10% of the parcel be dedicated to public park purposes to be managed by the Bend Metro Park and Recreation District or the Oregon State Park." However, the bargain and sale deed itself simply contained a provision deeding the property 'so long as the real property is used for a public purpose." This reversionary interest shows up in the title report for the sale of any property at Juniper Ridge. (Order, Deed and Title Report are attached). Since that time, the County has adopted various Orders. In December 2003, Order No. 2003-119 purported, among other things, to require a master plan for the 1,500 acres. It then found that the City "may proceed to expand the Bend Urban Growth Boundary to include approximately 500 acres of the property and may zone that portion of the property for "industrial use." The Order also included new limitations on the issuance of building permits, the allowance of a detailed site plan for the 500 acres prior to the master plan, and more language on the 10% parks development requirement. In 2007, Order No. 2007-146 "waived" the master plan requirement for the 20 acres of property for the Les Schwab headquarters development. In 2008, a September 9, 2009 Page 2 Release of Reversion and Quitclaim Deed was executed for the 7.99 acres for the Suterra development, releasing any claims for any reversionary right for that property. (Orders attached). The City "accepted and approved" a Juniper Ridge Conceptual Master Plan on July 16, 2008, by Resolution No. 2710, with the expressly stated purpose of doing so to satisfy the County Order that requires approval of such a master plan. However, this was not a land use action but a plan developed by the property owner to guide subsequent development. (Resolution attached). Meanwhile, the City's focus at Juniper Ridge has evolved, with the formation of the Juniper Ridge Management Board (comprised of a city council member and local community members). The Board brings an enormous amount of knowledge, respect and expertise to the management of the Juniper Ridge property. They meet regularly and have provided advice on many policy decisions related to public infrastructure, financing, economic development and the overall implementation of the community's vision for this property. The City has hired a consultant, David Ditz, Project Executive, who has been instrumental in helping the City provide infrastructure to Juniper Ridge, create a viable financial model for development, and pursue additional businesses to provide for much-needed employment opportunities in Deschutes County. The City has also recently entered into a purchase and sale agreement with Pacific Power (which has not gone through that County "Order" approval process), slated for closure at the end of this year, which facilitates the construction of a substation that will serve the area with electric power. In hindsight, it is legally troubling that a recorded bargain and sale deed with a specific reversionary interest provision would (or could) be modified with additional "conditions" added by a series of subsequent county orders. However, at this point we are left with the history between the City and County, and so simply want to move forward. The documents from the County clearly show that the County had a policy desire to ensure that the surplus land deeded to the City, now known as Juniper Ridge, would be used for job creation purposes. From the start, the City has consistently shared this view. Despite some bumps along the way with its former development partners, and the unexpected unfolding of the troubled econornic times that have hit this area so hard, the City Council and management team have remained committed to this vision, and have devoted a great deal of staff and financial resources to furthering the development of Juniper Ridge as employment land. From the planning end, the City has moved from a conceptual master plan to a specific land use planning process that is a prerequisite to adopting the zone changes and partitioning of property necessary for development. This extensive planning process has led to the current proposal to create a Juniper Ridge Overlay Zone. The zone proposes to encompass roughly 515 acres of the land at Juniper Ridge, all of which are within the existing urban growth boundary. The stated purpose of the Juniper Ridge Overlay Zone (also referred to as a special planning area, or "SPA") is to promote the community's vision for economical, sustainable, and reasonable growth by creating unique overlay zoning sub -districts for residential, commercial, educational and industrial uses. The 320 -acre Juniper Ridge Employment Sub -District allows a mix of light industrial uses, offices for research and September 9, 2009 Page 3 development, corporate and regional headquarters and accessory uses to serve the needs of these primary uses. The Employment Sub -District will: • Provide a variety of employment opportunities • Promote efficient use of the land • Promote pedestrian and other multi -modal transportation options • Ensure compatibility of uses within the development and with the surrounding areas • Create an efficient, interconnected system of streets with standards appropriate to the intensity and type of adjacent use • Create safe and attractive streetscapes that will meet emergency vehicle access requirements and enhance pedestrian and bicycle access This document will be before the Planning Commission by October and to City Council for adoption by December, 2009. Completion of the zone change and initial partitioning of the property is slated for completion by the end of the first quarter of 2010. The City has been working closely with ODOT with regard to transportation issues, especially the Cooley/97 midterm improvement project (rough estimate of city costs at $37 million). This long and extensive planning process has been underway for many months and an update before the OTC is scheduled for November --the point being that the financial projections of the City are dependent upon the uses proposed in the Overlay Zone. Once adopted, the Overlay Zone will create a binding land use document that sets forth a plan for facilitating the development of marketable employment land. The City's intended use of this land has evolved, but the overall purpose remains entirely consistent with the intent of the original bargain and sale deed and the subsequent "Orders." Given this reality, a case by case "Order" of the Board of Commissioners for a Release of Reversion and Quitclaim Deed seems obsolete and a poor use of staff and elected official's time. More significantly, the reversionary interest creates a cloud on the City's title that could reduce the success of Juniper Ridge as an employment center, or even undo the entire City work described above. We know that this is not the County's intent. We therefore request that the County quitclaim to the City the reversionary interest for Juniper Ridge, at least for the property already in the City's current urban growth boundary (approximately 515 acres total land were included in the 2005 urban growth boundary expansion, all of which will be governed by the Juniper Ridge Overlay Zone or SPA). Ideally all 1500 acres would be included so as to avoid having to revisit this issue in the future, but we are comfortable with the 515 acres for the present time unless the County is prepared to quitclaim the interest in its entirely. Our timing is that this needs to be done sooner rather than later, as the zone change and partition will be done shortly after SPA adoption, which are necessary to meet the conditions of the purchase and sale agreements for the Suterra and Pacific Power properties, scheduled to close on or around December 14, 2009. September 9, 2009 Page 4 Please call me with any questions. I look forward to discussing this with you as soon as possible. Regards Eric King City Manager Cc: Mark Pilliod, County Counsel Mary A. Winters, City Attorney David Ditz, Development Management Associates, Inc., Project Executive rj --P 1 4 2009 BOARD OF COM'MISS!ONERS ADMINISTRATION J • .. q4' 28591 10 4 • REVIEWED BEFORE THE BOARD of COUNTY comassiONERS OF DESC An Order Directing Transfer of Real Property td the City of Bend, * Oregon. * ORDER N0. 90-095 fL touI sa 1WHEREAS, ORS 271.330 provides that Deschutes County may transfer real property not needed by the County to another governmental body after hearing; and 1, WHEREAS, a hearing was held on August 1, 1990; and 3 WHEREAS, the Board of County Commissioners determined that Deschutes County no longer needed certain real property for public use by the County; and N WHEREAS, a number of objections to the transfer of the real property were expressed at said hearing relating to the potential use of•the property and impacts of such use on the neighborhoods; and • WHEREAS, the Board, having considered the objections, moved to transfer the property upon condition that: 1. A master development plan be formulated for the property before committing the property to new uses. . The development plan be adopted by the City pursuant to an open public process and public hearings and that the plan address the needs of the City and the concerns of the public. - - • 3-. - - -•-Not3tes•--bran - r0lr of 'thy phraeZ kiii• did3oated to public park purposes to be managed by the Bend Metro Park and Recreation District and/or the Oregon State Park Division; now, there- fore, THE BOARD OF COUNTY C0NMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the real property described in Exhibit "A," attached hereto and by this reference incorporated herein, be transferred to the City of Bend, Oregon without consideration. peotion 2. That a bargain and sale deed transferring said real property to the City of Bend be executed and delivered. 1 - ORDER NO. 90-095 KEYPUNCHED SEP 25 1990 •DATED this j7 day of Recording Secretary 2 - ORDER NO. 90-095 104 .1 1961 ),-1b90. BOARD OF COUNTY COMMISSIONERS • OF D. -C 8' OUN� OREGON DLI mmisn over EXHIBIT •"A" 104 'i 1962 Township Sixteen (16 South, Range Twelve (12) East of the Willamette Meridian, Section 34.(SW 1/4 SE 1/4, E 1/2 SE 1/4); - and Section 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 2, Lots 3 and 4 (SW /4NW 1/4, W'1/2 SW 1/4); Seotion 3, Lot 1 and 2S 1/2 NE 1/4, SE 1/4); Seotion 10 (all); and Section 11 (W 1/2 W 1/2) 1 - EXHIBIT "A" W ' BEND o PINE IVURS RY • .l1 o& 347u2. - 85- 1025 'r e ' Xititeb *tad of alluvial • fro ill to Inborn tare Ronk( stall tome. ®reefing: 0087-1443.* WHEREAS. Deschutes County, State of Oregon, ie entitled to a Land Patent pursuant to See. 206 of the Act of October 21, 1976; 40 Stat. 2756 43 U.S.C. 1716, for the following described lands; • -. Willamette Neridiaa, Dragon •-T. 16 8., R. 12 E., Sec. 34, BWkSEk, EySEk. . Sec. 35, 14104. BWkNWk T. 17 8., R. 12 E., Sec. 2. Lots 3 and i, BWkNWk, IftjSWk Sec. 3, Lot. 1 end 2, BtjNE1r, BEk Sac. 10, All . 66C, 11, 11Wk - The areas described aggregate 1559.78 acres, according to the official r 1'"1 ".-1 L)plet. of the survey of the said lands on file in the Bureau of Land Management; HOW KNOW YE, tlrnt there Is, therefore, granted by the UNL180-81ATE8 unto• the could clalanot, the lands above described; TO HMI AND 10 NOLO the said lends vith all the right'', privileges, Immunities, and appurtenances, of • whatsoever nature, thereunto belonging, unto the said clsisant its successors and elisions, f ; EXCEPTING AND RESERVING X0 THE UNITED STATES from the lands so granted a robe-of-vay thereon for ditches or canals constructed by the authority of the United States. Act of August 30, 1890, 26•11tet. 391j 43 U.B.C. 945; SUBJECT TO: Potent Number 1. Such right. for irrigation canal,.latersls, and t'eservolr purposes as Central Oregon Irrigation District or its auceeaaor■ in Interest nay have, pursuaat to right-olway 7D 02036 Act of Harch 3, 1891, 26 Stat. 1101, as amended;.. 2. Such rights for public road purposes ss Deschutes County, Oregon, or its successor' in interest lay have puceuiot to a toad right-of-way, A.B. 2477 (43 U.S.C. 932)7 3. Such right' for public road purposes es the State of Oregon, or its auceeaaoro in interest nay have pursuaat to a road. right-ol-way identified as U.S..Highvay 97, 8.8.-2477.(43 U.S.C. ..• .. 7 l,.. i• 932); T, , • ..: - • . 36--85-0024 i :l . if S.. :1 • • 1I,tk? • • 1 ePe 10..141 y -.n .yip -:tib •--�;.r:�_�1_ri;.3.:i•. • ! 0087-1444 UI+,• A l4.•tt-ch right■ for electric poser transeiseioa tine purposes a■ Pacific Power and Light Company, or its successors in interest ray have, pursuant to right -of -may 08 17337, as to the SWi3A, and the Sian, sod the SE'<Nik of Sec. 34, the Wilk of Sec. 35, T. 16 S., R. 12 i., N.N., and Lot 2 sad the %ANA of Sec.. 3, • the NMOIRA of leo. 10, T. 17 E., is 12 E., W.H. Act of October' 21, 1976, 90 Stat. 2776, 43 U.8.C..1764 and I. 3, Such rightm for railroad purposes as Burlington -Northern Railroad Company, or its mucceeaors in interest -may have, pursuant to right-of-way iD-05864 eti to the 11148%, and the SAHA of Sec. 34, the WIlWk of Sec. 35, T, 16 8 ,, I. 12 E.,• • : W.N., and lots 1 and 2, and tba 1110iB0 of Sec. 3, the HV }J1 t of Sec. 10, T. 17 8., R. 12 8., N.N., Act of )(arch 3, 1875. 18 Stat. 483, U.B.C. 934-939. • P • ; • 1 • IN TeSTINONY WHZNs0l, the undersigned aathotlaed officer of the Bateau of Land Management, in accordance with the provisions •"""• ••.. .,• of the Act of June 17, 1948 (67 Stat. 470), has, in Ike naee al the k: *.i•,t t; ,• • United Stater, caused thea. lettere to be made Patent, and the r ;, '• Seal of lha Roeser to to hetavnto stared. n:bj, GIVEN tinder my hind, in Portland. Oregon t e I, . . AtJ 1 . ? the THIRTY-FIRST • des of DECEMBER !n the year t•' ! f- ; of our Lord one ihooeeed nine htndr.d end EIGHTY -YOUR - and of the Independence of Use United Sletea the iwo hundred I. t; 1 ..,..,.. Patent Number and NINTH. •'t , t t f i i $ 36-S5-0024 2 • Stabs Director ere e.r-eta , .... __e.... v I. 1 !' • 1 • • • • • 911 . 9. 1, t 944 1 I • • • •" 44: •,: •I'i J. in 3••1_ 11I 1VUd7144j- km. 1 bIlf: .:3!. 4.1 ...Al 191 • -• I f • • , • J a.— lg..' 1 I J •All'i• .; It. .1. V.' CI t4 ;4. ': • ' - .!••! I • • ,•it.$ 0.1•"), Oa. I ,•.99 I. - •.1 1 .:!.• .19 1! lett!. .14 11; 1t'• 1 .1. . • .; .1.6 • ; I ''1•11.• I 'et lih.11 !. • •••... 1,1 . 9 • • , ,•• . It -.4%•!. . : i ..• 4, •.•.; 1 i.1. •. •-•;:1,h1rt 1. n t5; 1 on J,47:•!Ifti • _ )1. r•si 61." t. I ji . • . ; • • ' •• • .• • , : • ' ;' • • • • • - i • • • , '• • .•• STAU O ORIGON SS. CO01111 W DISCHLITIS I, MARI IUI PINHOROW, C0V011 MIO • 11(01011 0/ C0W/11MM. 04 A00 101 1400 • CRUKSI, 00 VIIIIT WIWI !NAT MI 11111001 • MIRIAM! WAS WORM TAW 0Als . . . : • /1%5 J.Ag?# "IS 4.1$ML‘:-1 r 1,1 ERK "r.: •11 1 . • •'.; • . .„1.•••••:. s‘147x' 41i:0;1 !. ..1.; • • •• "'saki 9•Fit.':-••' • -.`"- • • i !•• • • lei4 • .." • t;•:.:•• • - ..• . 1L" 9 I • • • I. • s s •• —1 Km i. 8 1025 I ---- OISCHUM cowl prima itcoorri 1•• • I • .1 1-,.91 • l• hi 1-• r. :• • .. 3' J0 -070C1 Ykv1. ,'11 1 Cs After o and ul•Taa Moordlaq, f Statements To/ pity of land SARCASM AND ORLI 01ID Pes.hute. County, apolitical subdivision of the State of Oregon, Grantor, conveys to the, Clty of 10M, 0 , ao 100g a the real prop.rty fa Nerd for a public purpose, the following described real prop.rtyl towm■hlp Slaters (114, Mnge We've (12) fest of the Nillaaett. N.rldlan Scathes thirty -Four (34) (AN 1/4 SS 1/4, 1 1/2 S' 1/j1 and Srotiea Maty -dive (SSI (N 1/2 NN 1/4, ON 1/4 NS 1/4)1 TownehLpp I.vrntr.n (17) South, Range !Valve (t!) last Of the 11111amrtt. Nsridian, Seatloft two (2), lots 3 and 4 (SN 114 NN 1/4 N 1/1 ON 1/4) leotion fling (I Lot* 1 and 2 IS 1/2 ' 1/4, Sl 1/4)j Srotlo* Tan (1o) (*11)1 and Section Steven (11) (N i i N 1/2)1 a(11.71CT TO, All eneuaSranase of record and those summon and .pperant an the land. 'hie ln.trvn.nt vLll not allow v.e of the property described In th10 ln.truesnt la violation of applicable land use laws and regulation. before signing or aoonpting th1. Instrumentthe person acquiring foe title to the proper o* .ehld cheek with the spptpprlats slty.ror *minty planning dap at-tie'verlfy approved Nees. • She true oon.lderstlon for dila cony yyaano. 1i other than Panay, pursuant to Donohue,* County Order Mo. 10-085. DAe*o this An day of /i/ifeitieltl, 1!110. ROAD Of COUNTY COMMISSIONING! O/ DESCN(RRI COUNTY, oP1OON ATTTTfir, /1/2 Recording STAIR 01 OREGON County of Dsaohutee '.tore se, s Notary public, personally appeared Wf1 SR)ST011 ..'aNT1,_5011-SN*OOelr.and-DICILMDDL7K,_tha.abova.na*ed-Ia.dd.o{.. - - . - County Cossiselonara of Deschutes County, Oregon, and acanovl- ,r edged the foregoing lnItrvment on behalf o! Deschutes County, ,• Oregon. . DAVID this soy, _ 7.31/40,41.1. 1 ' '- u aU ... �.r.:;..0 ):t `' 141.: i .1 • '11NCAIN AND SAW naso _ ( /dLP- 6.1. t i ‘•IY Na cry Plb c for Oregon Ny Cormlealon txplrrao 10:7"7l.• ENTERED DEC 2 0 1990 A AnriTit1e Part 0/The IFI.n-WEN r,;,,,ri, PRELIMINARY TITLE REPORT JUNIPER RIDGE DEVELOPMENT MANAGER CITY OF BEND 710 NW WALL STREET 2ND FLOOR BEND, OR 97701 Attn: JERRY MITCHELL cc: W & H PACIFIC Attn: DAN WOBBE REPORT December 23, 2008 Report #1 Title Number : 111691 Title Officer : AQUILA REED Seller: CITY OF BEND Buyer: PACIFICORP We are prepared to issue ALTA (06/17/06) title insurance policy(ies) of CHICAGO TITLE INSURANCE COMPANY of OREGON, in the usual form insuring the title to the land described as follows: See Attached Exhibit °A° Vestee: CITY OF BEND Dated as of December 12, 2008 at 7:30 a.m. Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS: 1. 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. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject Land onto adjoining Land or of existing improvements located on adjoining Land onto the subject Land) encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the subject Land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Unpatented mining claims whether or not shown by the Public Records. EXCEPTIONS 1 THROUGH 6 ABOVE APPLY TO STANDARD COVERAGE POLICIES AND MAY BE MODIFIED OR ELIMINATED ON AN EXTENDED COVERAGE POLICY, 15 Oregon Avenue • Bend, Oregon 97701 • 541 389-7711 • Fax 511 389-0506 • Website: www.ameri-tiIie.com Order No. 111691 Page 2 SPECIAL EXCEPTIONS: Taxes assessed under Code No. 1-003 Map and Tax Lot Number 17 12 10 00 00100 Account No. 150940 NOTE: The 2008-2009 Taxes: Non Assessable Taxes assessed under Code No. 1-115 Map and Tax Lot Number 17 12 10 00 00100 Account No. 247628 NOTE: The 2008-2009 Taxes: Non Assessable 7. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of Swalley Irrigation District. 8. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of Central Oregon Irrigation District. 9. Easements for canals, flume or ditch purposes, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As granted to: Deschutes Irrigation Co. & Power Recorded: October 13, 1905 Book -Page: 2-449, Deed Records 10. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As granted to: Oregon Trunk Railway Recorded: May 13, 1910 Book -Page: 7-471, Deed Records 11. Rights for public road purposes, electric power transmission line purposes and rail road purposes, including the terms and provisions thereof, recorded January 23, 1985, in Book 87, Page 1443, Deschutes County Records. 12. Reversionary provisions, including the terms and provisions thereof, recorded December 20, 1990, in Book 225, Page 1282, Deschutes County Records. 13 Consent to Annexation Agreement, including the terms and provisions thereof, between The City of Bend and Bend Metro Park & Recreation District, recorded December 6, 2007, in Volume 2007, Page 62866, Deschutes County Records. 14. Covenants, Conditions and Restrictions, but 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 in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as contained in instrument recorded December 19, 2007, in Volume 2007, Page 64832, Deschutes County Records. 15. Easement or easements, including the terms and provisions thereof, as contained in instrument recorded December 19, 2007, in Volume 2007, Page 64832, Deschutes County Records. NOTE: As of the date hereof, there are no matters against City of Bend which would appear as exceptions in the policy to issue, except as shown herein. Order No. 111691 Page 3 NOTE: Any map or sketch enclosed as an attachment herewith is furnished for information purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the company assumes no liability for any loss occurring by reason of reliance thereon. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. AmeriTit1e By: 04k„, Aquil Reed, Title Examiner AR:kg "Superior Service with Commitment and Respect for Customers and Employees" Order No. 111691 Page 4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A PARCEL OF LAND, BEING A PORTION OF PARCEL 1 OF PARTITION PLAT NO. 2007-78, FILED AT THE DESCHUTES COUNTY SURVEYORS OFFICE AS CS17585, SAID PARCEL BEING SITUATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, CITY OF BEND, DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEARING SOUTH 00° 01' 02" WEST 1485.56 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 3,4,9 AND 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, SAID POINT BEING ON THE WEST BOUNDARY OF SAID SECTION 10, SAID BOUNDARY BEING IN COMMON WITH THE WEST BOUNDARY OF SAID PARTITION PLAT NO. 2007-78, AND THE EAST BOUNDARY OF THE PLAT OFNORTHPOINTE- PHASES IV AND V, RECORDED AS CS16956 IN THE DESCHUTES COUNTY SURVEYORS OFFICE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 155, OF SAID NORTHPOINTE - PHASES IV AND V, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY (BEING 30.00 FEET FROM WHEN MEASURED AT RIGHT ANGLES TO THE CENTERLINE ) OF HUNTERS CIRCLE; THENCE LEAVING SAID BOUNDARIES ALONG THE ARC OF A NON -TANGENT 240.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 21°46'39" (THE CHORD OF WHICH BEARS NORTH 79°06'41" EAST, 90.67 FEET) AND A LENGTH OF 91.22 FEET TO A POINT OF TANGENCY; THENCE EAST 426.57 FEET; THENCE PARRALLEL TO PREVIUOSLY DESCRIBED BOUNDARIES, SOUTH 00°01'02" WEST 901.00 FEET; THENCE WEST 515.60 FEET TO A POINT ON PREVIOUSLY DESCRIBED BOUNDARIES; THENCE ALONG SAID PREVIOUSLY DESCRIBED BOUNDARIES, NORTH 00°01'02" EAST 883.87 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND, BEING A PORTION OF PARCEL 1 OF PARTITION PLAT NO. 2007-78, FILED AT THE DESCHUTES COUNTY SURVEYORS OFFICE AS CS17585, SAID PARCEL BEING SITUATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, CITY OF BEND, DESCHUTES COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEARING SOUTH 00° 01' 02" WEST 1421.94 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 3,4,9 AND 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, SAID POINT BEING ON THE WEST BOUNDARY OF SAID SECTION 10, SAID BOUNDARY BEING IN COMMON WITH THE WEST BOUNDARY OF SAID PARTITION PLAT NO. 2007-78, AND THE EAST BOUNDARY OF THE PLAT OF NORTHPOINTE - PHASES IV AND V, RECORDED AS CS16956 IN THE DESCHUTES COUNTY SURVEYORS OFFICE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 154, OF SAID NORTHPOINTE - PHASES IV AND V, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY (BEING 30.00 FEET FROM WHEN MEASURED AT RIGHT ANGLES TO THE CENTERLINE ) OF HUNTERS CIRCLE; THENCE ALONG SAID BOUNDARIES, NORTH 00°01'02" EAST 211.46 FEET TO A POINT THAT IS 20.00 FEET FROM WHEN MEASURED AT RIGHT ANGLES TO THE SOUTHERLY RIGHT OF WAY (BENG 50.00 FEET FROM WHEN MEASURED AT RIGHT ANGLES TO THE CENTERLINE) OF THE BURLINGTON NORTHERN RAILROAD; THENCE LEAVING SAID BOUNDARIES AND RUNNING PARALLEL TO AND 20.00 FEET FROM SAID SOUTHERLY RAILROAD RIGHT OF WAY, NORTH 42°13'30" EAST 474 50 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 47°46'30" EAST 260.00 FEET; THENCE PARALLEL TO PREVIOUSLY SAID RAILROAD RIGHT OF WAY, SOUTH 42°13'30" WEST 505.85 FEET; THENCE LEAVING SAID PARALLEL LINE, WEST 82.51 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 300.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 17°15'42" (THE CHORD OF WHICH BEARS SOUTH 81°22'09" WEST, 90.04 FEET) AND A LENGTH OF 90.38 FEET TO A POINT OF NON -TANGENCY AND THE POINT OF BEGINNING. 4-74 5 3 ,V0 110'0h , ,V 11Th all•15 Pr Arr,•'er.s1a,A; .;iFv 1551. % SCC NAP !7 17 03 Tf /R7114 -q/" 31F."-Aivoirro 'VM')rs,,, I,,,,,kYf'N,,,.., ^7, ,/, 44-11,70,1700' S1 nn..! • . • 1-115 oc'' \�< 1 c) f1 1 },4 V __,1_1.,�, . 557.15 5s11.51 F. n 8 .-CiI1., 1f y�,, • lb tl9i. �a 5./ 570 _.1 4 3 o `b ...` ,,p-4. s1 .y`" vi F'nrc, I . 5w'. 1_ • YE IdIYY.CI illtYLualhu n • coon ac.o 15 PT PARCEL 1 • • • • • • 5E1 MA? '7 :7 IS SEE MA1P 1/ 12 1%4 Sri NAY 17 17 15 • • • • • • f • • • • • 555.!! �'Bi�'=•'NN{� WN 5L NAP 11 12 15AL1 • • • • • •1 •, 1..3 3 •• i• • • • . f • .` • • • ••COMPLIMENT$ OF • Ameriitl I • This skes urn nai r for inform tb pur osail sit N Ar}1 p S st in pr peri r1 location with reference t 7 1' streets and other parcel: . No representation is made as to accuracy an 1 the Company assumes r liability for any loss occurring by reason of reliance thereon. • • • • • • •• • • N • • • REVIEWED LEGAL COUNSEL r DESCHUTE$ COUNTY Or'PZCTRL RECORDS W 2W�}1/85 NANCY l3L.RNJCIH$HIP, COUNTY CL!NK 3 4 COMMISSIONERS' JOURNAL 12/18/3003 03;80;x? PM L1ItJJYhIflhIIUIIIIII 111!j ror Kecoruwg stamp v,ur BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Amending Order No. 90.095 To Modify the Conditions of the Transfer * ORDER NO. 2003.119 Of Real Property to the City of Bend, Oregon WHEREAS, pursuant to Order No. 90-095, the Board of County Commissioners conveyed to the City of Bend approximately 1,500 acres of surplus land north of Cooley Road by deed dated November 14, 1990; and WHEREAS, this land has been envisioned for industrial development and other uses for years prior to its transfer to the City; and WHEREAS, at the time of the transfer, residents expressed concern about the potential impacts of industrial development on their quality of l ife; and H WHEREAS, in response to the concerns of the residents, the County Commissioners placed various conditions on the transfer and future use of this land pursuant to Order No. 90-095; and 15 WHEREAS, the City of Bend desires to expand the City's urban growth boundary (UGB) to include an approximately 500 acre portion of the property into the City's Urban Growth Boundary and zone that portion industrial and thereafter prepare a master development plan for the entire property to ensure that it is efficiently developed (Exhibit A); and • WHEREAS, the parties desire to amend Order No. 90-095 to reflect matters not considered when that order was adopted, maintain the same substantive requirements to meet current needs and community concerns and provide for the proper planning and development of the entire parcel; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEikEBY ORDERS as follows: Section L. The conditions contained in fifth WHEREAS clause of Order No. 90-095 are replaced in their entirety by this Order. S_ectiQn 2. The City shall comply with the following conditions in planning and developing the property for industrial development and other uses: A. Master P len for the Property. T he C ity s hall prepare a master plan for the entire 1,500 acres. The City's process in developing the master plan shall include opportunities for public involvement and shall take into account the concerns raised during the process by the participants. B. Subject to compliance with applicable land use laws, the City may proceed to expand the Bend Urban Growth Boundary to include approximately 500 acres of the property and may zone that portion of the property for "industrial uses", prior to the completion of the master PAGE 1 of 2- ORDER No. 2003.119 (12.1.7.03) plan, In addition, prior to completing the master plan, the City may prepare a detailed site plan for the approximately 500-aore industrial area (sec Exhibit A). C. The City's process in developing this site plan shall include opportunities for public involvement and shall take into account concerns raised during the process by the participants. D, The City may initiate construction of infrastructure within the industrial area prior to completion of the master plan for the entire 1,500-aores, but shall not issue any building permit for new construction in the industrial area prior to approval of a final subdivision plat, pursuant to provisions of the City of Bend Land Division Ordinance. E. The master plan for the property shall be adopted by the City Council following public meeting at which the public shall have the opportunity to provide input. F. The master plan shall serve as a guide to future development of the property for urban uses, as the property is brought Incrementally into the City's UGB based on demonstrated need for urban lands, in conformance with applicable statewide planning goals and laws. G. Parks Development. At least ten percent of the property shall be reserved for public open space and/or park purposes. This designated open space or park shall be available for public use and may be managed by the Oregon State Parks Division, the Bend Metro Park and Recreation District or other appropriate entity. H. Public Uses. The real property shall be used for a public purpose which includes but is not Limited to the industrial uses as provided for in ORS 271.510- 271.540. Section3. The County will cooperate with the City in correcting any defects in title that impair the marketability, use or development of the 1,500 acre parcel, DATED this (1 day of , 2003. ATTEST: Recording Secretary PAGE 2 OF 2- ORpBR No, 2003-119 (12,17.03) BOARD OF COUNTY COMMISSIONERS OF DESCHU' COUNTY, OREGON TOM DEWOLF, Commissioner MIC AB L M` AI, , Commissioner REVIE ,..wroca LE AL COUNSEL NANCYUBLAN ENSHIP,F000NTY CLERKOs Vel 2007'1410 COMMISSIONERS' JOURNAL 1111111111111111111111111109/10/2007 12:29:32 pm BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Authorizing Transfer by the City of Bend of Certain Real Property in Juniper Ridge. * ORDER NO. 2007-146 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 commonly known as Juniper Ridge; and WHEREAS, Order No. 90-095 placed certain conditions on the City's transfer and future use of Juniper 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, at the City's request the County modified Order No. 90-095 and adopted Order No. 2003- 119, which among other things required City to prepare a master plan for Juniper Ridge, and to authorize expansion of the City's urban growth boundary to include 500 acres of Juniper Ridge prior to completion of such master plan; and WHEREAS, the City is proceeding to prepare a master plan for Juniper Ridge, has expanded its urban growth boundary to include approximately 500 acres thereof, is preparing a site plan for such 500 -acre portion and is in the process of zoning the 500 -acre portion for industrial uses as contemplated by Order No. 2003-119; and WHEREAS, the City has entered into an agreement with a private corporation to convey to that corporation 20 acres of Juniper Ridge, located within the 500 acres described above and more particularly described in Exhibit A, attached hereto and incorporated by reference herein, for use as a corporate office headquarters and has requested that the County approve such transfer in light of the City's actions with respect to compliance with Order No. 2003-119; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The City's transfer to a private corporation of 20 acres of Juniper Ridge for use as a corporate office headquarters pursuant to the agreement referred to in the recitals constitutes a use for a public purpose, as contemplated by the Deed and Order No. 90-095 as amended by Order No. 2003-119. Section 2. The County hereby waives for the 20 acres of Juniper Ridge the requirements of Order No. 90-09, as amended by Order No. 2003-119, in which the City was required to prepare a master plan prior to selling any portion of Juniper Ridge. PAGE 1 OF 2- ORDER No. 2007-146 (09-05-2007) Section 3. The City may initiate construction of necessary infrastructure, sell all or part of the 20 -acre property described in Exhibit A, and issue building permits for new construction on such property prior to the City completing and adopting a master plan, site plan and subdivision plan and satisfying other requirements of Order No. 90-095 as amended by Order No. 2003-119. DATED this Al I EST: day of ACL ,-t, , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Recording Secretary D NNIS R. LUKE, Commissioner TAMMY BANEY, Commissioner PAGE 2 OF 2- ORDER No. 2007-146 (09-05-2007) OIO:e ECHO 5 18n. 111.1P -.800-64595C, Om 0 01 11 007 15:00130 VICINITY MAP SCALE. 0-2000' SITE DATA OMN6M ANO OCYSIOPSM: `SMMINO, ZMO11R6MIMO V8YMM0 TAS AOT, CITY 0P uwn 70 PO SOS 401 05X0, 0R "TOR PH. (611) 5110-T0al fill +ACINIC 030 511 =SAT OR.. SUITE C-IOO 17111000000200 CURRENT ZONING: ISCLV5180 FARM U83 (MMU) MULTI 030 AGRICULTURE (0UA-10) TOTAL AREA 583.e ACMES TOTAL LOTS: 0 PARESIS (70070580) I,,EGENO ommo mammy UPC 1416•05401YRrt,LESTIC caw. IM BLOKES' pRoPENTr p00NDARY ANNOTATION DATA OAK ,M i 0M ..30600 01/1 .pp C. 181..41 41 MOO a1 410 a 4000 m 254.04 xnm 611 o0L.0 a1" 181.82 Onto 4000 2.3600 11 40 u J54.01 8.88.00 xex .x01 13.40 1.18.71 tO 410 LI 1623 136.33 104.16 1!017001" 00000 51013.4011 30▪ TH ( .11114.13.11. 14.714.7, 1.12 111 MILE NJO.n 2142. MOS.131.112. '40t 1.17 1.27 tIO 13.411 342Ortl'r 110001111 LOO 1-30 lJ1 LIS 40.11 14+ 1.30 1.0 ORA 0,040 14600 ORM 41600 1040. 1.30 Iaa xeY O011T NIN,0401. N5002.447 NmwaT NanaboT 6001101" NS11091.17.lO 1/ 04irri 0 3,20.31 13.1.41 N470eNT, 432 433 Oto W U6 111.1. 1.00 1.0.1,401 sm 00t 000000* 1.090,001. 8811.1.40-0 • n TENTATIVE PARTITION PLAN FOR JUNIPER RIDGE LOCATED IN TOWNSHIP 17S, RANGE 12E SECTION 10 BEND, OREGON 5 —a 9 O „I, I CITY OF BEND JUNIPER RIDGE TENTATIVE PARTITION PLAN 5-07-07 EXHIBIT A -o1 mill 1111011nr.E. 11044. 0-400 Mena 0171100 0711011-104! WPI I\CII I( ::= w ....m... 01000 OAR' — / ` MEE MIMI 171111111111. MI .jd `�rlpriA �i .�� P y�1y3 �? it � Jit :4Fh}"�it l �.v T ,s - 1� n...... • aei..' • .""'+"" t..rP. 4666•41.41' Mair . F"-.: ► ■ur 7 ri _iiVii tramaikelas At MMT of, air JJ14111iiiiFiCrAion F. VICINITY MAP SCALE. 0-2000' SITE DATA OMN6M ANO OCYSIOPSM: `SMMINO, ZMO11R6MIMO V8YMM0 TAS AOT, CITY 0P uwn 70 PO SOS 401 05X0, 0R "TOR PH. (611) 5110-T0al fill +ACINIC 030 511 =SAT OR.. SUITE C-IOO 17111000000200 CURRENT ZONING: ISCLV5180 FARM U83 (MMU) MULTI 030 AGRICULTURE (0UA-10) TOTAL AREA 583.e ACMES TOTAL LOTS: 0 PARESIS (70070580) I,,EGENO ommo mammy UPC 1416•05401YRrt,LESTIC caw. IM BLOKES' pRoPENTr p00NDARY ANNOTATION DATA OAK ,M i 0M ..30600 01/1 .pp C. 181..41 41 MOO a1 410 a 4000 m 254.04 xnm 611 o0L.0 a1" 181.82 Onto 4000 2.3600 11 40 u J54.01 8.88.00 xex .x01 13.40 1.18.71 tO 410 LI 1623 136.33 104.16 1!017001" 00000 51013.4011 30▪ TH ( .11114.13.11. 14.714.7, 1.12 111 MILE NJO.n 2142. MOS.131.112. '40t 1.17 1.27 tIO 13.411 342Ortl'r 110001111 LOO 1-30 lJ1 LIS 40.11 14+ 1.30 1.0 ORA 0,040 14600 ORM 41600 1040. 1.30 Iaa xeY O011T NIN,0401. N5002.447 NmwaT NanaboT 6001101" NS11091.17.lO 1/ 04irri 0 3,20.31 13.1.41 N470eNT, 432 433 Oto W U6 111.1. 1.00 1.0.1,401 sm 00t 000000* 1.090,001. 8811.1.40-0 • n TENTATIVE PARTITION PLAN FOR JUNIPER RIDGE LOCATED IN TOWNSHIP 17S, RANGE 12E SECTION 10 BEND, OREGON 5 —a 9 O OCSIdm MT. CN0um.90 DRAW 00 PLOT 040 lit ! PtGTGAN: — I CITY OF BEND JUNIPER RIDGE TENTATIVE PARTITION PLAN 5-07-07 EXHIBIT A 1111011nr.E. 11044. 0-400 Mena 0171100 0711011-104! WPI I\CII I( ::= w ....m... 01000 OAR' er RCY 3 WASP/ LRO ARe n...... • aei..' • .""'+"" t..rP. 4666•41.41' SCALE: P000840T NO. DRAWING 710E NAME = 500' 033750 10_01 RESOLUTION NO. 2710 A RESOLUTION ACCEPTING AND APPROVING THE JUNIPER RIDGE CONCEPTUAL MASTER PLAN. WHEREAS Deschutes County Order No. 90-095, dated September 19, 1990, directed the transfer of the 1,500 -acre Juniper Ridge property to the City of Bend. WHEREAS Deschutes County Order No. 2003-119 amended Order No. 90-095 but maintained the same substantive requirements regarding proper planning and development of the entire property including the following conditions: • The City shall prepare a master plan for the entire 1,500 acres, with opportunities for public involvement. • The master plan shall be adopted by the City Council following: a public meeting. • The master plan shall serve as a guide to future development of the property. WHEREAS the City of Bend, through its consultant, Cooper, Robertson & Partners, has prepared a Conceptual Master Plan for the entire 1,500 -acre Juniper Ridge Property, including approximately 500 acres currently inside Bend's Urban Growth Boundary and city limits, as well as approximately 1,000 acres currently outside the Urban Growth Boundary and city limits. WHEREAS the draft Conceptual Master Plan was presented to the public at four workshops and six City Council work sessions between January 17, 2007, and June 12, 2008. WHEREAS the Conceptual Master Plan will be followed by land use master plans for individual development phases at Juniper Ridge and said land use master plans will conform to the Bend Development Code. THE CITY COUNCIL DOES RESOLVE AS FOLLOWS: SECTION ONE: The Juniper Ridge Conceptual Master Plan, as presented to the City Council on July 16, 2008, satisfies the applicable conditions of Deschutes County Order No. 2003-119. SECTION TWO: The Juniper Ridge Conceptual Master Plan, as presented to the City Council on July 16, 2008, provides an adequate guide to development of the 1,500 acre property. SECTION THREE: The Juniper Ridge Conceptual Master Plan satisfies county Order No. 2003-119 in that it commits ten percent of Juniper Ridge for open space and parks including a public plaza, greenways and trails along the Central Oregon Irrigation District canal. ACCEPTED by the City Council and approved by the Mayor on this 16th day of July, 2008. YES: 7 NO: 0 Bruce Abernethy, MAYOR ATTEST: Patricia Stell, City Recorder Mar 27 09 02:04p p.2 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 commonly known as Juniper Ridge; and WHEREAS, Order No. 90-095 placed certain conditions on the City's transfer and future use of Juniper 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 I. 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 � 7 ATTEST: DES R. LUKE, Ciiair (53,744ku.167.kt, Recording Secretary PAGE 1 of 1- ORDER No. 2008-099 (12-01-2008) TAMMY `: Y, e -C •r CHAEL M. DALY, o missioner Mar 27 09 02:05p AFTER RECORDING RETURN TO: Peter M. Schannauer 64458 Coyote Run Lane Bend, OR 97701 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY p.3 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 Mar 27 09 02:05p DATED this /7/1 day of December, 2008. ATTEST: Recording Secretary STATE OF OREGON ) ss. County of Deschutes P. 4 BOARD OF COUNTY COMMISSIONERS OF DESCH,,ITES COUNTY, OREGON c_/ - fr L - DE UKE, Chair C � r M HAEL ALY, Co ssioner Before me, a Notary Public, personally appeared (AAdu) E , }' !•�a•.e l'!(. ( , and 17_ #,� &Aug , the above-named Board of County Commissioners o eschutes County, Ojegon, acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this /(1.-1. day of December, 2008. OFFICIAL SEAL BONNIE BAKER NOTARY PUBLIC -OREGON COMMISSION NO. 414319 4 MY COMMISSION EXPIRES FEB. 23, 2011 K91858589W0001118009_BAJ118009A23Y0 2 - RELEASE OF REVERSION AND QUITCLAIM DEED 6--zdAzoLc: Notary Public for Oregon My commission expires: 2 3, 20 /J Mar 27 09 02:05p EXHIBIT A Legal Description of Property p.5 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 Mar 27 09 02:05p EXHIBIT B Description of Exhibit B Property p. G A PARCEL OF LAND BEING A PORTION OF PARCEL 1, AS SHOWN ON PAR 11.110N PLAT NO. 2007-78, OFFICIAL RECORDS OF DESCHUTES COUNTY, OREGON, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST, WILLAME 1 1'h 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 146334 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 Mar 27 09 02:06p p.7 Pursuant to ORS 93.808,the City of Bend hereby accepts and approves the foregoing Release of Reversion and Quitclaim Deed from the Board of County Commissioners of Deschutes County, Oregon. Dated this day of December 2008 THE CITY OF BEND By: State of Oregon County of Deschutes Before me, a notary public, personally appeared On behalf of the City of Bend. Dated this day of December, 2008. Notary Public for Oregon My commission expires: