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1989-26132-Resolution No. 89-087 Recorded 10/5/1989T t t' G I�'� - f;65 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT*' COUNTY, ORtGON A Resolution Relating to * the Sale of Crest Ridge * 89"26232 Estates Subdivision, Satisfying Liens and Directing Entries. RESOLUTION NO. 89 -087 89 OCT -5 PM 12: 43 MARY SUE P N OLLQW COUNTY CLERK WHEREAS, the properties described herein were improved pursuant to a local improvement district which paved roads within Crest Ridge Estates Subdivision. Deschutes County assessed the lots within Crest Ridge Estates Subdivision for the cost of the improvements and placed a first lien on the property for said improvements; and WHEREAS, by Order No. 89 -008, the Board sioners has offered seventy -two (72) lots in Subdivision for sale pursuant to ORS Chapter purchase price of $334,000.00, which sale is for local improvement district improvements; of County Commis - Crest Ridge Estates 275, with a minimum subject to the lien and WHEREAS, the outstanding principal amount of the liens for improvements as of October 4, 1989, is $356,636.97; and WHEREAS, interest on the unpaid principal amount of the liens is $299,706.88; and WHEREAS, Deschutes County became owner of the properties by reason of foreclosure for non - payment of ad valorem taxes; and WHEREAS, the fair market value of the properties is less than the liens for principal and interest imposed on the proper- ties as a result of the liens for improvements within the sub- division; and WHEREAS, no other municipality holds a lien upon the prop- erties as evidences by that certain title report marked Exhibit "A," attached hereto and by this reference incorporated herein; and WHEREAS, the Board is authorized to satisfy the liens imposed on the properties; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the low bidder at Deschutes County Land Sale 89 -1, James R. Schmit and Robert H. Watson, for Lots 1 -11, Block 1; Lots 1 -9, Block 2; Lots 1 -27, Block 3; and Lots 1 -25, Block 4, Crest Ridge Estates Subdivision, Deschutes County, 1 - RESOLUTION NO. 89 -087 IC& t6 Oregon, in the principal amount of $344,000.00, previously accepted by the Board of County Commissioners and evidenced by the Certificate of Sale to be issued upon closing, be hereby confirmed. Section 2. That the liens of the Deschutes County Road Department in the total amount of $656,343.85, constituting principal in the amount $356,636.97 and interest in the amount of $299,706.88, hereby be compromised and settled for a payment of $324,000.00. Section 3. That the sale of these properties shall close in escrow at Deschutes County Title on or about October 4, 1989, with Deschutes County conveying the property to James R. Schmit and Robert H. Watson as tenants in common by bargain and sale deed showing the priority lien of Deschutes County as an encum- brance of record for consideration of $20,000.00, and that satisfaction of the road improvement lien in the amount of $324,000.00 shall be a condition of sale. Section 4. That the Deschutes County Treasurer is hereby directed and authorized to issue satisfactions of liens for the said properties upon receipt of $324,000.00, said amount to be a complete satisfaction of Deschutes County's local improvement district liens on the properties. Section 5. That, on the grounds that only Deschutes County has a lien upon the real property in accordance with ORS 275.170, the 20 -day period for giving notice is hereby waived. Section 6. Deschutes County will provide title insurance policy at its expense to the purchaser which, upon recording of the satisfaction of liens, shall show that the liens of Deschutes County for road improvements upon the properties purchased have been satisfied. DATED this 6456 day of A , 1989. ST: ///di 14, ecording Secretary 2 - RESOLUTION NO. 89 -087 BOARD OF COUNTY COMMI SIONERS OF SCHUTES COUNTY GON LOIS BRISTOW P TE, Chair TOM T 00 Commissioner CK MAUDLIN, Commissioner 1?r. Deschutes County Title Co. D..chute• County'. Oldest THI. Comp.ny Title Insurance end LcrQw! Bend Office - - Red Oaks Square 1230 N.E. Third Street P.O. Box 323 Bend, Oregon 97709 Phone: (503) 382 -4201 FAX: (503) 389-5431 Escrow Department DIANE GULLEY F. 0. Box 1195 Redmond, Oregon 97756 Redmond Office 1655 SW. Highlpnd Suite 1 P.O. Box 1195 Redmond, Oregon 97756 Phone: (603) 9233014 FAX: (603) 54&2816 fl M Sisters Office Deschutes Escrow Co. P.O. Box 236 Sisters. Oregon 97759 Phone: (503) 549-1113 PAX: (503) 549 -0116 Our 72nd Year July 12, 1989 Re: Order No. 113106 Your Order No. RE 1283 Nit Sunriver Office Two Country Mali Suite K P.O. Box 4620 Sunriver, Oregon 97707 Phone: (503) 593 -5242 FAX: (503) 693 -5248 We are prepared to issue First American Title Insurance Company Title Insurance Policy in usual form on the following described property to wit: Lots One (1) through Eleven (11), in Block One (1), Lots One (1) through Nine (9), in Block Two (2), Lots One (1) through Twenty - seven (27), in Block Three (3), Lots One (1) through Twenty-five (25), in Block Four (4), Inclusive of Crest Ridge Estates, Deschutes County, Oregon. Vested of Record In: DESCHUTES COUNTY, a political subdivision of the State of Oregon, an estate in fee simple. Showing the title on July 3, 1989 at 8 :00 A.M. Subject to usual conditions, stipulations and NOTE: Taxes assessed under 02 -03 15 12 11 AO Account Numbers: 00200, 00300, 00400, 00500, 00600, 00700, 00800, 00900, 01000, 01100, 01200. 1988 -89 Taxes: $130.64, PAID IN FULL. (Per account as shown) NOTE: Taxes assessed under 02 -03 15 12 11 E0 Account Numbers: 00100, 00200, 00300, 00400, 00500, 00600, 00700, 00800. 1988 -89 Taxes: $130.64, PAID IN FULL. (Per account as shown) NOTE: Taxes assessed under 02 -03 15 12 02 CO Account Numbers: 00200, 00300, 00400, 00500, 00600, 00700, 00800. 1988 -89 Taxes: $130.64, PAID IN FULL. (Per account as shown) Do You Own the Property You Thinh You Own? 'Page 2 July 12, 1989 0:-() "C4' Re: Order No. 113060 Your Order No. RE 1283 NOTE: Taxes assessed under 02 -03 15 12 02 DO Account Numbers: 00100, 00200, 00300, 00400, 00500, 00600, 00700, 00800, 01000, 01100, 01200, 01300, 01400, 01500, 01600, 01700, 01800, 01900, 02000, 02100, 02200, 02300, 02400, 02500, 02600, 02700, 02800, 02900, 03000, 03100. 1988 -89 Taxes: $130.64, PAID IN FULL. (Per account as shown) NOTE: Taxes assessed under 02 -03 14 12 01 CO Account Numbers: 00200, 00300, 00400, 00500, 00600, 00700, 00800, 00900, 01000, 01100, 01200, 01300, 01400, 01500, 01600. 1988 -89 Taxes: $130.64, PAID IN FULL. (Per account as shown) NOTE: Taxes assessed under Serial No. 164153 Account No. 02 -03 14 12 02 DO 00900 1988 -89 Taxes: $302.99, PAID IN FULL. 1. 1989 -90 Taxes, a lien as of July 1, 1989, but not yet payable. 2. Road Improvement Lien, Road District No. K030, entered in Road Improvement Lien Records and as shown on the County Tax Rolla. 3. Existing telephone, telegraph, power lines, roads, railroads, highways, ditches, canals and pipelines. 4. Joint usage of easements for irrigation ditch and roads according to the terms and provisions in the decree file November 13, 1962, in Case No. 11720, Circuit Court of the State of Oregon for the County of Deschutes, Frederick P. Rawson v. Oliver E. Jones and Joan R. Jones, husband and wife. 5. Easements for roads, public utilities and setbacks es shown upon the Official Plat ( #564) of said tract. 6. A no vehicular access restriction as set forth upon the Official Plat ( #564) of said tract. Affects Lot 4, Block 4, herein described. 7. Conditions, Covenants and Restrictions, including the terms +and provisions thereof, recorded July 7, 1981 in Book 344 at page 40 of Deed Records. 8. Conditions, Covenants and Restrictions, including the terms and provisions thereof, recorded June 27, 1983 in Book 18 at page 181 of Deschutes County Official Records. 9. Conditions, Covenants and Restrictions, including the terms and provisions thereof, recorded January 15, 1985 in Book 87 at page 468 of Deschutes County Official Records. 10. Conditions, Covenants and Restrictions, including the terms and provisions thereof, recorded March 4, 1986 in Book 117 at page 1688 of Deschutes County Official Records. 012!) Do You Own the Property You Think You Own? ' Page 3 July 12, 1989 Re: Order No. 11306,0 •`Ni-1 Your Order No. RE 1213 ,Li This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. DESCHUTES COUNTY TITLE CO. DAW:klm cc: MA/FIELD REALTY Attn: Bill and Bob Hayfield Dan Burgess DENNIS A. WILSON Title Officer Bend Office RICHARD ISHAM COUNTY COUNSEL Deschutes County Administration Building 1130 NW Harriman Bend, Oregon 97701 Do You Own the Property You Think You Own? First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE y kJ ALTA LOAN POLICY (8 /1 /8T) The following matters are expressly excluded from the coverage of this policy and the Company will not pay toss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limned to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (q the occupancy, use, or enjoyment of the land; (0) the character, dimension or location of any Improvement now a hereafter erected on the land; (10) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Ilan or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Hen or encumbrance resulting from a violation or atiege9 violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unites notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding an the rights of a purchaser for value without knowledge. 3. Detects. (lens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Poky, but known 10 the insured claimant and not disclosed In writing to the Company by the In- sured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no Toss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the Shen of the insured mortgage over any statutory lien for see• vices, labor or material or the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at date of policy); 01 (5) resulting in loss or damage which would not have been sustained 11 the Insured claimant had paid value for the insured mortgage. 4. Unenferceabflity of the Iten of the insured mortgage became of the Inability or failure of the insured at Date of Pocky, or the inability or failure of any subsequent owner of the In- debtedness, to comply with applicable .doing business laws of the state in which the land is situated. 5. Invalidity or unenlorceabltity of the Oen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credlt protection or truth in lending law. 5. Any statutory lien for services, labor or materials (or the eWm of priority of any statutory lien for servk ea, labor or materials over the lien or the Insured mongage) arieing from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not Ilnanced In whole or in part by proceeds of the In debtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or is obi gated to advance. ALTA OWNERS POLICY (8/1/8T) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage costs. attorneys' foes or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning lows, ordinances. or regulations) restricting, regulating, prohibiting nr relating to (I) Ins occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (nil) a separation in ownership or a change to the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental proteotion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a noticed tin enforcement thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records et Date of Poky. (b) Any governmental police power not exuded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public reoorde at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrsnces, adverse claims or other matters: (a) created, suffered, assumed or agreed le by the Insured claknant; (b) not known to the Company, not recorded In the public records at Date of Poky, but known to the Insured claimant and not disclosed In writing to the Company by Me In- sured claimant prior to the date the Insured claimant became an Insured under this potioy; (0) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Data of Policy; or (e) resulting In loss or damage which would not have been sustained H the Insured claimant had paid value for the estate or interest insured by able policy, SCHEDULE OF STANDARD EXCEPTION$ The ALTA standard policy form will contain In Schedule Et the following standard exceptions to coverage: 1. Taxes or assessments which are not shown as existing liens by the records 01 any taxing authority that levies taxos or assessments on reed property or by the public records; proceedings by a pubilo 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of Said and or by mak- tng inquiry of persons In possession thereof, 3. Easements, encumbrances, or claims thereof, 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 Ilan, or right to a lien, for services, labor, or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 5. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. NOTE: A SPECIMEN COPY OF THE POLICY FOAM (OR FORMS) WILL OE FURNISHED UPON REOUEST. 11.149 11117 411 %' +nx 40111r 401 fl Aim 4N II OC7Wn -�satl^ a1» II • • • • I 1 U �, ! R K w* - 1 42 • a it • le . i �' ..,.. a....' !_ - C.1""9 w.V /N i w x ks Z en 11 at 12 VI R t 2 0 0 Rt. 2 0 S EMS jig 4 5 ti siSc F;10. Zge Sill ll Z s } - - ilo - -- - - MPO'!f3S'w.m1ld - - m 414 MI MN I// 'IRA • x� a i • k R a rwrnAP t s 1w • M 'i e 1 4 .1141141 r r aNlYd= � A z grn -rl A b :w^ G1 •e 5 yi • 1 v r •• z 2 X .,t •,, a yr r ii• frr t 1 1 r • I wo f 3 AC) W Rw a brn O rn (n. w f!-tli0 ��C't.1Yo2218;1KAP fib` AO YI ;O4APP!IPPYY:40711%f.Z' at ? ss�ss wtsgm dx404 r n rottepoti,,41 014044$ 610ss444g400,4440sgs4s0e444010 440. 44t,. 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