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Home My WebLink AboutRelease of interest - real prop - COCCCENTRAL OREGON COMMUNITY COLLEGE February 8, 2008 Commissioner Mike Daly Deschutes County 1300 NW Wall Street Bend, OR 97701 Dear Commissioner Daly, OFFICE OF THE PRESIDENT Telephone (541 383-7201 Fax (541 383-7502 E-mail jmiddletonccocc.edu 2600 NW College Way, Bend, Oregon 97701-5998 • Telephone (541 383-7700 In 1962, Deschutes County conveyed a 10 -acre parcel of real property ("Property") to Central Oregon Area Education District ("College") pursuant to a Quitclaim Deed recorded in Volume 133 Page 271 in the Official Records of Deschutes County. The granting clause of the Deed contains the followi >g language: "To have and to hold, the same unto the said Central Oregon Area Education District for college purposes." A copy of the 1962 Deed and the vicinity map showing the location of the Property are attached to this letter. Presently, due to the growth of the College and the uncertainty associated with state funding of community colleges, the College is required to seek alternative ways to generate predictable and certain income to further its educational goals. For this reason, it is essential that the College, while maintaining ownership, is able to freely use the Property. The language in the 1962 Deed may prevent the College from putting the Property to the use most beneficial to the future of the College. The purpose of this letter is to request that Deschutes County relocate its reversionary interest in the Property created by the 1962 Deed to a parcel of equal size located on the COCC Awbrey Butte Campus described in Exhibits A and B attached. Pursuant to ORS 271.335, any political subdivision, by resolution adopted by the governing body of such subdivision, may waive and relinquish any reversionary interest in property transferred under ORS 271.330 when the transfer occurred more than 20 years prior to the date on which such resolution is adopted. Attached is a draft Resolution that the County may adopt to relocate the reversionary interest of the County from the current Property to the parcel identified in Exhibits A and B to allow the College to put the Property to the most beneficial use in furtherance of its educational goals. JM/mjm c: David Kanner Enclosures 1 PDX/I16339/151537/JDG/2265237.1 Sincerely, James Middleton, President Central Oregon Com - cfgeg� FEB 1 5 2008 BOARD OF COMMISSIONERS ADMINISTRATION 1962 Deed A 123 mc€21t KNOW ALL tall BY THESE PRESENTS, That Deschutes County, Oregon, a muu>-iriral corporation, by and through its duly elected, qualified and actinzz County Judge and County Commissioners, for and in consideration of the suns of 210.00 to :,t tra.&d by Central Oregon Area Education District, does hereby remise, release oral, forever QUITCLAIM unto the said Central Oregon Area :H-rlucation District all :its rig t, title and interest in and to the Sollo4ng described real property, situated in the County of Deschutes, State of Oregon, to -wit: SE4SW, Section 25, Township 1? South, Range 11 East of Willamette Meridian, Deschutes County, Oregon. Tax Lot 5300. TO HAVE AND TO HOLD, tiro same unto the said Central Oregon Area Education District for college purposes. IN WITNESS WHEREOF, EOF, We, D. L. Penhollow, F. C. Shepard and George F. Baker, the duly elected, qualified and acting County Judge and County Commissioners, acting for and in behalf of Deschutes County, Oregon, have hereunto set our hands and. affixed the seal of said County this i?th day of October, 1962. :... DESCt UTES COUNTY, OREGON By . By t. STATE OF OBECON ) ) 9s. County of Deschutes ) County Judge unto Commissioner 4 'tis unty ,6omnissioner BE IT REMEMEMED, That on this ! day of - �.: �;, - , 1962, before nee, the undersigned, a Notarsr Public in and for said County and. State, person- ally appeared the within named D. L. Penhoilnv; , County Judge, and F. C. Shepard and Geor e F. Baker, County Commissioners of Deschutes County, State of Oregon,, who are known to me to be the identical individuals described in and vrho e:tuu- ted the within instrument, and ao'rnowledge3d to ma that they executed the same. 2- PDX/ 116339/151537/JDG/2265237.1 No d•,�f S'PA OF cW OON Co my o3 Death -otos. I neva* certify that the within in. 0irurnent of writing was received for Record on the ...................:... day of ....i-%+'m+-i3.4^J .._, A. D., 19-1.A at__.IL..L.A...o'dladk.,.......M. and Re- 3 PDX/1 16339/151537/JDG/2265237.1 Draft Resolution Reviewed Legal Counsel For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Relocating Reversionary Interest In Certain Real Property Owned by Central Oregon Community College ORDER NO. 2007 - WHEREAS, on October 17, 1962, the County conveyed to the Central Oregon Area Education District (the "College") approximately 10 acres of real property located in the County (the "Property") by a Quitclaim Deed recorded in Volume 133 Page 271 of the Official Records of Deschutes County, State of Oregon (the "Deed"); and WHEREAS, the Deed contains a condition that the Property be used for college purposes; and WHEREAS, pursuant to ORS 271.335, Deschutes County, by resolution, may waive and relinquish any reversionary interest held by Deschutes County in the Property; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS AS FOLLOWS: Section 1. The County hereby relocates any reversionary interest it may have pursuant to the Deed and the requirement that the Property be used for college purposes to a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 25, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, City of Bend, Oregon more practically in attached Exhibits A and B; and Section 2. The College may sell, exchange, convey or lease the Property from which the reversionary interest has been relocated for any purpose. DATED this day of , 2007 Page 1 of 2 — ORDER NO. 2007- PDX/116339/151537/JDG/2265237. I BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ( - 2007) MICHAEL M. DALY, Chair ATTEST: DENNIS R. LUKE, Commissioner Recording Secretary TAMMY (BANEY) MELTON, Commissioner Page 2 of 2 — ORDER NO. 2007- ( - - 2007) PDX/1 16339/151537/JDG/2265237. l Aw ASCG COMPANY EXHIBIT 'A' 920 SW Emkay, Suite CI00 Bend, Oregon 97702-1041 541.388.4255 Fax 541.388.4229 A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, CITY OF BEND, OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning from the East quarter corner of said Section 25; thence along the North line of the Southeast quarter (SE1/4) of said Section 25, South 89°56'13" West, 1410.31 feet to the True Point of Beginning; thence continuing along said North line, South 89°56' 13" West, 490.72 feet; thence leaving said North line South 00°10'16" West, 423.24 feet; thence South 15°37'31" East, 498.44 feet; thence North 74°22'29" East, 463.68 feet to a point on the East line of the Northwest quarter (NW1/4) of the Southeast quarter (SE1/4) of said Section 25; thence along said East line North 00°10'16" East, 129.72 feet to a point on the westerly right-of-way of College Way, more or less; thence leaving said East line and continuing along said westerly right-of-way, North 7°49'24" West, 655.29 feet to the True Point of Beginning. Herein bearings are based upon the Deschutes County Coordinate System. This description contains 10.00 acres, more or less. REGISTERED PROFESSIONAL LAN!) SURVEYOR EXPIRES 0(p 30L00 whpacific.com planners surveyors engineers landscape architects NW 1/4 OF THE SE1/4, SEC25 T17SSR11E, W.M. NE 1/4, SEC. 25 S89 56'13"W 490.72' if 1. TRUE POINT OF BEGINNING S89 56'13"W w �, 1410.31 NW 1/4, SE 1/4, SEC. 25 NE 1/4, SE 1/4, SEC. 25 kto 93 N00"1016 E 129.72' REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JUNE 30. 1997 DANIEL E. WOBBE 2825 i RENEWAL DATE: 06-30-08 200 L SCALE 0 100 200 400 ( FEET ) 1 INCH = 200 FT CHECKED BY: DEW CENTRAL OREGON COMMUNITY COLLEGE 10 ACRE DESCHUTES COUNTY DEED RESTRICTION R EXHIBIT 'B' CITY OE BEND OREP N DRAWN BY: ANH APPROVED BY: DEW LAST EDIT: 1/17/2008 PLOT DATE: 01/Wm DATE BY REV/ REVISION CKDAPPR SCALE: 1"=-200' PROJECT NO. 35594 DRAWING FILE NAME:SHEET lO 35594—sure—ocre—options—exh 1 1