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2018-94-Order No. 2018-008 Recorded 3/16/2018REVIEWED ma -M/ LEGAL COUNSEL Recorded in Deschutes County CJ2018-94 Nancy Blankenship, County Clerk Commissioners' Journal 03/16/2018 10:12:29 AM +� r,{ II'IIII'II"II��IIIII) II � �II 2018-94 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order for the Sale of Certain Real Property Acquired by Deschutes County ORDER NO. 2018-008 WHEREAS, Deschutes County has acquired title to certain real property, described in Exhibit "A," attached and incorporated by this reference, pursuant to real property tax foreclosure proceedings on file in the Circuit Court of the State of Oregon for Deschutes County and by other means, and WHEREAS, foreclosure proceedings are completed, and tax deeds in the regular form have been executed by the Deschutes County Tax Collector and recorded in the Deed Records of Deschutes County pursuant to ORS 312.200 with respect to real properties acquired by tax foreclosure, and WHEREAS. ORS 271.310 and 275.110 authorize the sale by the Board of County Commissioners of the real property acquired through real property tax foreclosure and other means, and WHEREAS, the real property described in Exhibit "A," attached is not needed for County purposes and, thus, surplus, and WHEREAS, it is in the best interests of the County to sell the real property described in Exhibit "A", and that the minimum price set forth after the description of each parcel shall be the minimum price for said sale; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That the Deschutes County Sheriff hereby is authorized and directed, pursuant to ORS 275.120, to offer for sale the property described in Exhibit "A", attached hereto and by this reference incorporated herein, to the highest and best bidders, for cash, cashier's check or terms, or combination thereof, as determined by the Board of County Commissioners pursuant to ORS 275.190, but not less than the minimum bid hereby fixed, plus recording fees. Section 2. That said sale is to be made at the Barnes and Sawyer and DeArmond Rooms, 1300 NW Wall Street, Bend, Oregon, beginning at 10:00 a.m. on Thursday, May 17, 2018, and remaining open until 1:00 p.m. to allow for bidders to submit the appropriate purchase payment. Section 3. That on the sale date, Bidders with the provisionally accepted high bid may leave the premises to obtain cash or cashier's checks but must return to the Barnes and Sawyer and DeArmond Rooms prior to 1:00 p.m., with no Bidder admittance after 1:00 p.m. allowed. Section 4. That all sales shall be deemed conditional until such time as the Board of County Commissioners formally accepts or rejects said sale. PAGE 1 OF 2- ORDER No. 2018-008 (03/14/2018) Section 5. That, if the Sheriff is unsuccessful in selling any real property listed in Exhibit "A" at said sale, said real property may be sold at private sale pursuant to ORS 275.200. Section 6. That the Deschutes County Property Manager is authorized to take those actions reasonably calculated to efficiently and successfully conduct the aforementioned land sale, including deviation from or modification of sale procedures and removing properties from the sale, when, in the opinion of the Property Manager, said deviations or modifications are justified and in accordance with all laws. Section 7. That the Deschutes County Property Manager or the County Administrator is authorized and ordered to sign the Seller's Disclosure Statements and Sales Agreements for the County owned property to be sold at the May 17, 2018, public auction. Section 8. That the sample promissory note and trust deed attached as Exhibit "B", attached and incorporated by this reference, shall be the documents authorized for sale of the properties eligible for County financin , as identified in Exhibit "A". Dated this day of March, 2018 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PAGE 2 of 2- ORDER No. 2018-008 (03/14/2018) EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2018-008 adopted by the Board of County Commissioners of Deschutes County, Oregon, on March 14, 2018, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 17, 2018, at 10:00 a.m. in the Barnes and Sawyer Hearing Room, 1300 NW Wall Street, Bend, Oregon, the Sheriff or his designee shall proceed to sell, at public auction to the highest and best bidder, for cash, cashier's check or terms, or combination thereof, the right and title to and interest in of Deschutes County in the real property listed below: Parcel ID 2018-01 Assessor Account 122925 Assessor Market Value $28,030.00 Map and Taxlot 151309DD04801 Property Address 340 NW 4th Street, Redmond, OR 97756 Minimum Bid $6,820.00 Comments This is a vacant rectangular shaped property within the Redmond city limits. City of Redmond water, sewer and other public utilities are available in the paved street — no services to the property. There is no evidence that the property is a legal lot of record. Parcel ID 2018-02 Assessor Account 130051 Assessor Market Value $52.970.00 Map and Taxlot 151319CD00200 Property Address 4342 SW Volcano Avenue, Redmond, OR 97756 Minimum Bid $21,960.00 Comments This is a vacant irregular shaped property within an existing subdivision in Redmond. City of Redmond water is available in the surrounding streets, no water service has been provided to the property — City sewer is not available at this time. Other public utility availability cannot be confirmed to the subject property — contact City of Redmond for questions on services. The property is a legal lot of record as it was created through the platted Goodrich subdivision. Parcel ID 2018-03 Assessor Account 130073 Assessor Market Value $5,000.00 Map and Taxlot 151319CD01900 Property Address 4320 SW Reservoir Drive, Redmond, OR 97756 Minimum Bid $21,960.00 Comments This is a vacant irregular shaped property within an existing subdivision in Redmond. City of Redmond water is available in the surrounding streets, no water service has been provided to the property — City sewer is not available at this time. Other public utility availability cannot be confirmed to the subject property — contact City of Redmond for questions on services. The property is a legal lot of record as it was created through the slatted Goodrich subdivision. Page 1 of 13 EXHIBIT "A" Parcel ID 2018-04 Assessor Account 248210 Assessor Market Value $1,000.00 Map and Taxlot 171222CA00419 Property Address 1965 NE Purser Avenue, Bend, OR 97701 Minimum Bid $6,970.00 Comments The subject property was created as Tract B (open space) of the Jonah's Landing subdivision. The property adjoins NE Purser Ave, (north) which is a dedicated public street, and NE Jonah Ct. (west) which is a private street. There is no evidence of water, sewer and utility availability to the site - contact City of Bend. Also, by virtue of being open space Tract B of the subdivision, the property may not be developable for residential or other purposes - must confirm with City of Bend Planning Division. Parcel ID 2018-05 Assessor Account 188881 Assessor Market Value $6,250.00 Map and Taxlot 171223CB00290 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $4,500.00 Comments Vacant, "strip" parcel (approximately 730 feet long by 25 feet wide — not a platted lot. Appears to be created as a remainder parcel resulting from surrounding platted subdivisions. There is no evidence of any access easements on the property. There is no evidence of water, sewer and utility availability to the site - contact City of Bend. Also, based on the dimension of the property, the property may not be developable for residential or other purposes must confirm with City of Bend Planning Division. Parcel ID 2018-06 Assessor Account 151092 Assessor Market Value $40,380.00 Map and Taxlot 171232AB04200 Property Address No Situs Address, Bend, OR 97703 Minimum Bid $6,970.00 Comments A triangular parcel developed with parking spaces and driveway, which lies between and connects to adjoining parking areas for office buildings developed on the adjoining parcels to the northeast and southwest. The property has a historic use for parking serving the adjoining properties, and cross access across the subject property occurs via the existing improvements. There is no evidence of any access easements on the property. There is no evidence of water, sewer and utility availability to the site - contact City of Bend. Also, based on the dimension of the property, the property may not be developable for commercial or other purposes - must confirm with City of Bend Planning Division. Parcel ID 2018-07 Assessor Account 100733 Assessor Market Value $166,600.00 Page 2 of 13 EXHIBIT "A" Map and Taxlot 171228CC05600 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $10,000.00 Comments A rectangular parcel that is paved and is currently utilized as a driveway access from NW 31d Street, to the adjoining commercially developed properties. The use may be restricted for driveway access to serve the adjoining properties. The City of Bend Planning Division should be contacted about land use requirements, past land use approvals and zoning restrictions related to the property. It does not appear that the subject property is a legal lot of record. There is no evidence of any access easements on the property. Property most likely not developable as an individual property. No records of separate water, sewer or other utilities available independently to the r)ror)erty — contact City of Bend. Parcel ID 2018-08 Assessor Account 203015 Assessor Market Value $37,510.00 Map and Taxlot 181209AC01200 Property Address No Situs Address, Bend, OR 97702 Minimum Bid $20,735.00 Comments A triangular parcel that is vacant, landlocked, and lies between industrially developed properties to the west and the BNSF railroad tracks to the east. The use may be restricted due to the landlocked status, and may only be useful for development in conjunction with the adjoining properties to the west. The City of Bend Planning Division should be contacted about land use requirements, past land use approvals and zoning restrictions related to the property. It does not known if the subject property is a legal lot of record. Property most likely not developable as an individual property. No records of separate water, sewer or other utilities available independently to the property — contact City of Bend. Parcel ID 2018-09 Assessor Account 156107 Assessor Market Value $408,540.00 Map and Taxlot 191129CC05200 Property Address 17680 Rogue Lane, Sunriver, OR 97707 Minimum Bid $290,000.00 Comments SOLD AS IS. The property is rectangular in shape and is developed with an older single-family home (1984) that is in need of general maintenance and remodel (interior and exterior). The property is subject to the Bylaws and CCR administered by the Sunriver Owners Association and the associated fees (contact SROA regarding fees). Land use and development are subject to Deschutes County Code, as well as review as by SROA. Parcel ID 2018-10 Assessor Account 115532 Page 3 of 13 EXHIBIT "A" Assessor Market Value $42,000.00 Map and Taxlot 201012A008200 Property Address 17158 Bakersfield Road, Bend, OR 97707 Minimum Bid $12,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Property Address high ground water - septic may not be available. Fire fuel Minimum Bid reduction will be required. Property may not be developable due Comments to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the LM; WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Parcel ID 2018-11 Assessor Account 115529 Assessor Market Value $42,000.00 Map and Taxlot 201012A008600 Property Address 17128 Bakersfield Road, Bend, OR 97707 Minimum Bid $12,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the LM, WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Parcel ID 2018-012 Assessor Account 115528 Assessor Market Value $42,000.00 Map and Taxlot 201012A008700 Property Address 17114 Bakersfield Road, Bend. OR 97707 Minimum Bid $12,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the LM, WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2018-13 115610 $42,000.00 201012A016500 No Situs Address, Bend. OR 97707 $12,700.00 Page 4 of 13 EXHIBIT "A" Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-14 Assessor Account 115609 Assessor Market Value $42,000.00 Map and Taxlot 201012A016600 Property Address 56657 Solar Drive, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2018-15 115647 $65,000.00 201012A021100 56621 Solar Drive, $14,640.00 Bend, OR 97707 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-16 Assessor Account 116084 Assessor Market Value $42,000.00 Map and Taxlot 201012D001800 Property Address 17163 Elsinore Road, Bend, OR 97707 Minimum Bid $13,280.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-17 Page 5 of 13 EXHIBIT "A" Assessor Account 116102 Assessor Market Value $42,000.00 Map and Taxlot 201012D002000 Property Address 17179 Elsinore Road, Bend, OR 97707 Minimum Bid $14,640.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-18 Assessor Account 116113 Assessor Market Value $42,000.00 Map and Taxlot 201012D004800 Property Address 17087 Fontana Road, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-19 Assessor Account 116280 Assessor Market Value $42,000.00 Map and Taxlot 201012D022500 Property Address 17159 Jacinto Road, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-20 Assessor Account 116391 Assessor Market Value $42,000.00 Map and Taxlot 201013A012600 Property Address 56255 Comet Drive, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Page 6 of 13 EXHIBIT "A" Further restrictions resulting from the LM, WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Health recfardincdevelopment requirements Parcel ID 2018-21 Assessor Account 137639 Assessor Market Value $7,220.00 Map and Taxlot 201026AA02900 Property Address 55540 Big River Drive, Bend, OR 97707 Minimum Bid $17,600.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health reciarding development requirements Parcel ID 2018-22 Assessor Account 126784 Assessor Market Value $20,800.00 Map and Taxiot 211003D009600 Property Address No Situs Address, Bend, OR 97739 Minimum Bid $10,880.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Parcel ID 2018-23 Assessor Account 126783 Assessor Market Value $20,800.00 Map and Taxlot 211003D009700 Property Address No Situs Address, Bend, OR 97707 Minimum Bid $10,880.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-24 Assessor Account 126782 Assessor Market Value $20,800.00 Map and Taxlot 211003D009800 Property Address No Situs Address, Bend, OR 97707 Page 7 of 13 EXHIBIT "A" Minimum Bid $10,880.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-25 Assessor Account 126778 Assessor Market Value $000.00 Map and Taxlot 211003DD02500 Property Address No Situs Address, Bend, OR 97707 Minimum Bid $10,880.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-26 Assessor Account 141698 Assessor Market Value $135,640.00 Map and Taxlot 221006B000400 Property Address 14877 White Pine Way, La Pine, OR 97739 Minimum Bid $32,000.00 Comments SOLD AS IS. The property is a legal lot of record as it was created as part of a platted subdivision. The property has an older double wide manufactured home and an older detached shop/garage. An on-site sanitary waste (septic) system was approved by Deschutes County in the past — there is a history of the system failing and it may need to be replaced. Further restrictions resulting from the WA overlay zone may be applicable - contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-27 Assessor Account 141852 Assessor Market Value $4,820.00 Map and Taxiot 221008D003000 Property Address No Situs Address, La Pine, OR 97739 Minimum Bid $3,600.00 Page 8 of 13 EXHIBIT "A" Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water — previously denied for onsite wastewater disposal - septic may not be available. Property may not be developable due to onsite sanitary wastewater system options likely unavailable. Right of way is dedicated, but road is not developed. Further restrictions resulting from the WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Parcel ID 2018-28 Assessor Account 141851 Assessor Market Value $7,680.00 Map and Taxlot 221008D003100 Property Address No Situs Address, La Pine, OR 97739 Minimum Bid $3,600.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Parcel ID 2018-29 Assessor Account 141869 Assessor Market Value $4,820.00 Map and Taxlot 221008D005300 Property Address No Situs Address, La Pine, OR 97739 Minimum Bid $3,600.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-30 Assessor Account 141136 Assessor Market Value $63,920.00 Map and Taxlot 211036AC01600 Property Address 52594 Railroad Avenue, La Pine, OR 97739 Minimum Bid $28,400.00 Page 9 of 13 EXHIBIT "A" Comments SOLD AS -IS. Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic system was previously approved and existing on-site. Septic may need to be improved and updated. Property may not be developable due to inability to place an on-site sanitary wastewater system if new septic requirements invalidate previous approval. Further restrictions resulting from the WA overlay zone may be applicable — contact City of La Pine, and Deschutes County Environmental Health regarding development requirements. Parcel ID 2018-31 Assessor Account 115926 Assessor Market Value $42,000.00 Map and Taxlot 201012C012300 Property Address 16928 Hermosa Road, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-32 Assessor Account 115947 Assessor Market Value $42,000.00 Map and Taxlot 201012C014400 Property Address 16913 Hermosa Road, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2018-33 115963 $42,000.00 201012C014800 16873 Hermosa Road, $12,700.00 Bend, OR 97707 Page 10 of 13 EXHIBIT "A" Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-34 Assessor Account 143943 Assessor Market Value $44,370.00 Map and Taxlot 201026D004400 Property Address 16747 Gross Drive, Bend, OR 97707 Minimum Bid $17,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and LM overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-35 Assessor Account 117183 Assessor Market Value $42,000.00 Map and Taxlot 201107C015400 Property Address 56516 Solar Drive, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Parcel ID 2018-36 Assessor Account 117207 Assessor Market Value $15,000.00 Map and Taxlot 201118B002600 Property Address 17350 Guss Way, Bend, OR 97707 Minimum Bid $7,500.00 Comments Vacant, platted residential lot (legal lot of record). This property is located within the FEMA mapped Flood Plainln an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to the location within the flood plain and the inability to place an on-site sanitary wastewater system. Further restrictions resulting from the LM, WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Page 11 of 13 EXHIBIT "A" Parcel ID 2018-37 Assessor Account 116218 Assessor Market Value $42,000.00 Map and Taxlot 201012D016400 Property Address 17045 Indio Road, Bend, OR 97707 Minimum Bid $12,700.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available — although mapping indicates that some land suitable for an on-site waste disposal system may exist on the property. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. All prospective bidders shall register the day of the sale, or in person with the Deschutes County Property Manager any business day between May 8, 2018 and May 15, 2018 at 14 NW Kearney Avenue, Bend, Oregon, between the hours of 9:00 a.m. and 2:00 p.m.; by fax at (541) 317-3168; or by E-mail to *ames.lewisCD__deschutes.org, by providing a completed bidders registration form that includes bidder's legal name, physical address, mailing address and telephone number. Bidders must provide an acceptable picture I.D. on the day of the auction prior to bidding. Prior to 1:00 p.m. May 17, 2018, the highest bidder will pay the full balance of bidder's provisionally accepted high bid in cash or cashier's check or, for properties on which financing is available per the above list, the following terms: either equal payments over 10 years with a fixed interest rate of 5.50%; or, down payment and second/final payment in 30 days; both with a nonrefundable cash down payment of not less than 20% of the purchase price, secured by a promissory note and trust deed. Copies of the complete contract terms may be found at www.deschutes.org or a copy will be provided at $.25 per page upon request to the County Property Manager listed above. On the sale date, Bidders with the provisionally accepted high bid may leave the premises to obtain cash or cashier's checks but must return to the Barnes and Sawyer Hearing Room prior to 1:00 p.m. No admittance after 1:00 p.m. will be allowed. Cash is defined as all legal U.S. currency. Cashier's checks must be payable to Deschutes County Sheriff's Office. Cashier's checks must be drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States. If any part of the purchase price is paid with a cashier's check the purchaser will be given a receipt in lieu of a certificate of sale until verification from the financial institution that final settlement has been made on the cashier's check. Upon receiving such verification, the purchaser will receive a certificate of sale. If any part of the purchase price is paid through the contract for terms, the purchaser will be given a certificate of sale that includes the terms and will be required to sign a promissory note for which a trust deed will be recorded. The highest offer for any parcel that is equal to or exceeds the minimum bid price shall be conditionally accepted as of the close of bidding for that parcel. Upon conditional acceptance of an offer at the time of the sale, the sale as to that parcel shall be deemed closed. The Board of County Commissioners may authorize the sale of any real property not sold at this auction to be sold by private sale pursuant to ORS 275.200. Additionally, Deschutes County reserves the right to remove any property from the auction list at or before the auction. Page 12 of 13 EXHIBIT "A" ALL PARCELS ARE SOLD AS IS. Potential bidders should thoroughly investigate all aspects of a property prior to bidding. Deschutes County has not surveyed the aforementioned real properties and makes no representation as to boundaries, encroachments or encumbrances. Deschutes County does not guarantee or warrant that any parcel is buildable, suitable for septic system, has legal access, is vacant or is usable for any particular purpose. The County shall not warrant or defend the fee simple title of real property offered for sale to be free of defects or encumbrances, but will only sell and convey such interest as the County acquired by foreclosure or other means and holds at the time of sale. Furthermore, conveyance is subject to all valid, recorded easements, road right of way dedications and the right of any municipal corporation to purchase such property pursuant to State law and subject to the right of the Board of County Commissioners to reject any and all bids. SOME PROPERTY WILL BE SOLD SUBJECT TO BUYER AGREEING TO ELIMINATE THE WILDFIRE FUELS. SOME PROPERTY MAY BE SOLD SUBJECT TO BUYER AGREEING THAT SUCH PROPERTY IS UNDEVELOPABLE DUE TO THE INABILITY FOR AN ON-SITE SANITARY WASTEWATER DISPOSAL SYSTEM TO BE CONSTRUCTED, AND/OR THAT THE SUBJECT PROPERTY IS NOT A LEGAL LOT OF RECORD. An example of the Fuels Management Agreement is available for review on the Deschutes County website (www.deschutes.org/auction) and at the office of Deschutes County Property Management, 14 NW Kearney Avenue, Bend, Oregon. Packets of tax lot maps may be viewed through the website address above or purchased from the Deschutes County Property Management Department at the above address. For information on the land sale auction, contact Deschutes County Property Management at (541) 330-4656. The sale location is wheelchair accessible. Materials are available in alternative formats. For the hearing impaired, an interpreter or assistive listening system will also be provided with 48 hours notice. To arrange for these services, please contact Risk Management at (541) 330-4631. SHANE NELSON Deschutes County Sheriff By Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 4, April 11, and April 18, 2018 Date of Last Publication: April 25, 2018 Page 13 of 13 REVIEWED EXHIBIT "B" NOTE LEGAL COUNSEL PARTIES: Promisor: <BUYERFIRSTNAME» <<BUYERMIDDLENAME» «BUYERLASTNAME» BuyerAddress1» «BuyerCityStateZip» Promisee: DESCHUTES COUNTY, a political subdivision of the State of Oregon Finance Department PO Box 6605 Bend, Oregon 97708-6005 FOR VALUE RECEIVED, Promisor promises to pay Promisee, at Promisee's order, the purchase price, which consists of the principal sum of this note plus the twenty percent (20%) previously paid to Promisee as a down payment, for the real property commonly known as («SitusAddress») and legally described as: «Legal Description)) in the principal sum of «AmountFinanced» with interest on the unpaid principal balance from , until paid, at the rate of four and one-half per cent (5.50%) per annum. Principal and interest shall be payable to Deschutes County Treasurer, Finance Department, PO Box 6005, Bend, Oregon 97708-6005, or such other place as Promisee may designate, in consecutive monthly installments of /100 DOLLARS ($ ), on the 1st day of each month beginning Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on Promisee acknowledges receipt of a down payment in the amount of <<DownPayment». If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Promisor, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of Promisee. The date specified shall not be less than thirty days from the date such notice is mailed. Promisee may exercise this option to accelerate during any default by Promisor regardless of any prior forbearance. Promisor shall pay to Promisee a late charge of five per cent (5%) of any monthly installment not received by Promisee within ten (10) days after the installment is due. Such late charge shall be paid on demand and Promisee may add such late charge to the principal balance of the Note. Promisor may prepay the principal amount outstanding in whole or in part. Promisee may require that any partial prepayments (i) be made on the date monthly installments are due and (ii) be in the amount of that part of one or more monthly installments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless Promisee shall otherwise agree in writing. All persons liable either now or hereafter for payment of this Note severally waive 1 EXHIBIT "B" presentment, demand for payment and notice of nonpayment. This Note shall be the joint and several obligation of all persons liable for payment of this Note, and shall be binding upon them and their successors and assigns. Any notice to Promisor provided for in this Note shall be given by mailing such notice by certified mail addressed to Promisor at the address set forth under Promisor's name, or to such other address as Promisor may designate by notice to Promisee. Any notice to Promisee shall be given by mailing such notice by certified mail, return receipt requested, to Promisee at the address set forth under Promisee's name, or at such other address as may have been designated by notice to Promisor. This obligation is secured by a real estate Trust Deed, Deschutes County Document , with power of sale, of even date herewith, and is subject to all of the terms and conditions of such Trust Deed. If this Note is placed in the hands of an attorney, Promisor agrees to pay the reasonable fee and expenses of such attorney even though no suit or action is instituted or no sale of the property has been directed under the terms of the real estate Trust Deed securing this obligation. Such fees, expenses and costs may, at Promisee's option, be added to the principal balance of this Note. Failure to exercise any option to declare default or accelerate the balance due hereon shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Modification of the terms of payment of this Note made at the request of any person liable thereof shall not impair such person's liability or the liability of any other person now or hereafter liable for the payment hereof. In the event that a building permit or a manufactured home placement permit is issued on the premises identified in the Trust Deed, this Note immediately becomes due and payable. Promisor acknowledges that based upon Promisor's own inspection and investigation, Promisor is satisfied that the premises identified in the Trust Deed do not now contain any amounts of hazardous, toxic, radioactive or other substances for which a property owner or operator may be liable under state or federal environmental pollution or health and safety laws. Accordingly, Promisor agrees that, as between Promisee and Promisor, Promisor will assume responsibility and liability and shall indemnify Promisee for any release or discharge of hazardous, toxic, radioactive or other dangerous substances regulated under state or federal pollution control laws found hereafter on, in or about the premises identified in the Trust Deed. NOTICE TO THE PROMISOR DO NOT SIGN THIS NOTE BEFORE YOU READ IT. THIS NOTE AUTHORIZES THE PROMISEE TO REFUSE TO ACCEPT PARTIAL PREPAYMENTS WHICH ARE NOT TENDERED ON THE DATE MONTHLY INSTALLMENTS ARE DUE AND WHICH ARE NOT IN THE AMOUNT OF THAT PART OF ONE OR MORE INSTALLMENTS WHICH WOULD BE APPLICABLE TO PRINCIPAL. CAUTION: READ BEFORE SIGNING. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING 2 EXHIBIT "B" FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. . 91I•: PROMISEE: DATED this day of ATTEST: Recording Secretary Date: '2018 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PHILIP G. HENDERSON, Vice Chair TAMMY BANEY, Commissioner 3 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of March 14, 2018 DATE: March 6, 2018 FROM: James Lewis, Property Management, 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document N0. 2018-008, an Order for the Sale of Real Property Acquired by Deschutes County through Tax Foreclosure RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board of County Commissioners approve and sign Document 2018-008. BACKGROUND AND POLICY IMPLICATIONS: The attached list of properties (37 properties) are proposed for inclusion in the public auction of tax foreclosed and surplus County -owned land. ORS 275.110 provides that the Board of Commissioners will fix the minimum price (minimum bid) for each parcel and the conditions and terms of the sale. As has been done in the past, we will offer financing for properties sold at $20,000 or more. Property Management staff has worked with Legal Counsel, Community Development, Finance and the Sheriff's Office to prepare documents associated with the sale. The Community Development Department, Road Department, the County Forester and the Cities of La Pine, Redmond and Bend have reviewed the list of properties offered and find there is no reason to retain the land in County ownership. The auction will begin at 10:00 am, Thursday, May 17th, 2018 in the Barnes and Sawyer Hearing Room. FISCAL IMPLICATIONS: If all the properties sell at the established minimum bid the proceeds of the sale will be $754,195. However, it is rare that all properties offered at the auction sell. Any properties that do not sell at the auction will be available for sale on a first come first served basis at the minimum bid price, or possibly a lower amount as authorized by State Law. It is important to note that the revenue of the sale is utilized for reimbursement of direct management costs for the properties post foreclosure and required acquisition by Deschutes County as prescribed by and allowed through State law, with the remaining revenue distributed to the applicable taxing districts. ATTENDANCE: James Lewis DISTRIBUTION OF DOCUMENTS: One fully signed original document returned to James Lewis for permanent records.