22-383-Order Recorded 6/16/1976}
IN THE BOARD 01' couNTY COMMISSIONERS
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Of THE STATE: OF OREGON
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FOR THE COUNTY OF DESCJiIITES
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In the Matter of the )
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Improvement of the )
Portion of Shoshone Road) ORDER FOR IMPROVEMENT BY CONTRACT
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North of Baker Road in )
Deschutes County, Oregon)
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WHEREAS, a petition to improve the portion of Shoshone Road, north
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, Deschutes County, Oregon, was filed with the Board of Commissioners
of Deschutes County, Oregon, on the 19th day of March, 1975; and,
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WHEREAS, said petition was executed by 60% of the property owners
representing 60% of the property fronting on said street; and,
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WHEREAS, the Board of County Commissioners did refer said Petition to
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the County Engineer for his report; and,
WHEREAS, the Engineer found said project to be feasible; and,
WHEREAS, the Board of County Commissioners did cause to be mailed a
written notice of the favorable report and the estimated cost of the improvement
to each of Said prnnrrty nwnnra, r-Mino i'nr rmmnnctranrec arninct the cnid
project; and,
WHEREAS, remonstrances were received from 16% of the property owners
representing 16% of the property fronting on said street; and,
NOW, THEREFORE, IT 1S HEREBY ORDERED, pursuant to the provisions of
ORS 371.635, that the portion of Shoshone Road, north of Baker Road, Deschutes
County, Oregon, be improved by contract, said improvement to be with an 0-9
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paved surface 24 feet in width, with 4 foot cinder shoulders, drainage facilities
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as required and reconstruction of street entrances inhere they now exist.
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IT IS FURTHER ORDERED that the land abutting on said street improve-
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ment is subject to a lien of an assessment for the cost of said improvement in
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an amount to be determined later by order of the Board of County Commissioners;
and,
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IT IS FURTHER ORDERF,D that this order shall be recorded and indexed
in the bond lien (locket in the office of tho County Clork.
HONE AND DATED this 16th day of June
1976,
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DI-SCI IUfIiS COUNTY BOARD OF COMMISSIONERS
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Page 1 of 2
Jeff Sageser
From:
Laurie Craghead
Sent:
Friday, April 28, 2006 12:16 PM
To:
'Brickley, Alan'
Subject:
RE: Trust certification statutes
Attachments: Doc4.doc
That looks good, Alan. I'll pass that on to the Clerk's office. Thank you for pointing that out to me.
Thus, if that certification is attached to a deed showing why only one trustee is signing when more trustees are
listed as grantors, then that gets your clients past the hurdle of it being recordable. Just so you know, however,
what I explained to your local office, even if you put signature lines on the document for the non-signing trustee
and note that signature not needed per the attached Trust Certificate, the only names that will go into the
Deschutes County Clerk's index are those who actually signed.
Laurie Craghead
Assistant LegaCCounsel
Deschutes County
(541 388-6593
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From: Brickley, Alan [mailto:abrickley@firstam.com]
Sent: Friday, April 28, 2006 10:23 AM
To: Laurie Craghead
Subject: Document4
These are the statutes that I was referring to.
Alan K. Brickley
Counsel
First American Title Insurance Company
222 SW Coumbia Street, Suite 400
Portland, OR 97201
telephone: 503 795-7612
fax: 503 790-1805
4/28/2006
Page 2 of 2
cell phone: 503 913-1646
e-mail: abrickley_e-firstam.com
4/28/2006
130.855 UTC 1012. Protection of person dealing with trustee. (1) A person other than
a beneficiary who in good faith assists a trustee, or who in good faith and for value deals
with a trustee, is not liable for acts of the trustee that exceed the trustee's powers or for
the improper exercise of the trustee's powers, unless the person knows that the trustee has
exceeded the trustee's powers or improperly exercised those powers.
(2) A person other than a beneficiary who deals with a trustee in good faith is not
required to inquire about the extent of the trustee's powers or about the propriety of the
trustee's exercise of those powers.
(3) A person who in good faith delivers assets to a trustee need not ensure that the
assets are properly applied.
(4) Any person other than a beneficiary who in good faith assists a former trustee, or
who in good faith and for value deals with a former trustee, without knowledge that the
trusteeship has terminated, is not liable solely because the former trustee is no longer a
trustee.
(5) Comparable protective provisions of other laws relating to commercial
transactions or transfer of securities by fiduciaries prevail over the protection provided by
this section. [2005 c.348 §94)
130.860 UTC 1013. Certification of trust. (1) A person who is not a beneficiary and
who proposes to deal with the trustee of a trust may require that all trustees execute and
furnish to the person a certification of trust.
(2) The certification of trust shall contain the following information:
(a) That the trust exists and the date the trust instrument was executed;
(b) The identity of the settlor;
(c) The identity and address of the currently acting trustee;
(d) The powers of the trustee;
(e) The revocability or irrevocability of the trust and the identity of any person
holding a power to revoke the trust;
(f) The existence or nonexistence of any power to modify or amend the trust and the
identity of any person holding a power to modify or amend the trust;
(g) The authority of cotrustees to sign or otherwise authenticate and whether all
cotrustees or fewer than all are required in order to exercise powers of the trustee;
(h) The trust's taxpayer identification number, whether the settlor's Social Security
number or an employer identification number;
(i) The manner of taking title to trust property; and
0) The state, country or other jurisdiction under the laws of which the trust was
established.
(3) A certification of trust must be signed or otherwise authenticated by all the
trustees.
(4) A certification of trust must state that the trust has not been revoked, modified or
amended in any manner that would cause the representations contained in the
certification of trust to be incorrect.
(5) A certification of trust need not contain the dispositive terms of a trust.
(6) A recipient of a certification of trust may not require the trustee to furnish the
entire trust instrument, but may require the trustee to furnish copies of excerpts from the
original trust instrument and later amendments that designate the trustee and confer upon
the trustee the power to act in the pending transaction.
(7) A person may require that the certification of trust:
(a) Include facts other than those listed in this section that are reasonably related to
the administration of the trust;
(b) Be executed by one or more of the settlors;
(c) Be executed by one or more of the beneficiaries if the certification is reasonably
related to a pending or contemplated transaction with the person; and
(d) Be adapted to the person's own standard form, which may be incorporated in an
account signature agreement or other account document.
(8) A certification of trust may contain the identity of any successor trustee or trustees
and the circumstances under which any successor trustee or trustees will assume trust
powers.
(9)(a) A person who acts in reliance upon a certification of trust without actual
knowledge that the representations contained in the certification are incorrect is not liable
to any person for so acting and may assume without inquiry the existence of the facts
contained in the certification. A person does not have actual knowledge that the
representations contained in the certification are incorrect solely by reason of having a
copy of all or part of the trust instrument.
(b) Any transaction, and any lien created by that transaction, is enforceable against a
trust if the transaction is entered into by a person acting in reliance on a certification of
trust containing the information set forth in this section without actual knowledge that the
representations contained in the certification are incorrect.
(c) If a person has actual knowledge that the trustee or trustees are acting outside the
scope of the trust, and the actual knowledge was acquired by the person before entering
into the transaction or making a binding commitment to do so, the transaction is not
enforceable against the trust.
(10) A person is not liable for acting in reliance on a certification of trust solely
because the certification fails to contain all the information required in this section.
(11) This section does not limit the rights of the beneficiaries of the trust against a
trustee.
(12) A person's failure to demand or refusal to accept and rely solely upon a
certification of trust does not affect the protection provided the person by ORS 130.855,
and no inference as to whether the person has acted in good faith may be drawn from the
failure to demand or the refusal to accept and rely solely upon a certification.
(13) This section applies to all trusts, whether established under the laws of this state
or under the law of another state, country or other jurisdiction. [2005 c.348 §95)