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2019-73-Order No. 2019-001 Recorded 2/22/2019REYJEWED r6A �A, LE AL COUNSEL Recorded in Deschutes County CJ2019-73 Nancy Blankenship, County Clerk Commissioners' Journal 02/22/2019 11:35:01 AM 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. 2019-001 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 Hearing Rooms, 1300 NW Wall Street, Bend, Oregon, beginning at 10:00 a.m. on Friday, May 17, 2019, 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 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. 2019-001 (02/20/2019) 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, 2019, 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 financing, as identified in Exhibit "A". Dated this day of February, 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PHILG. I NDERSON, Chair PATTI ADAIR, Vice Chair ATTE T: Recording Secretary ANTHONY DEBONE, Commissioner PAGE 2 of 2- ORDER No. 2019-001 (02/20/2019) EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2019-001 adopted by the Board of County Commissioners of Deschutes County, Oregon, on February 20, 2019, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 17, 2019, 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 2019-01 Assessor Account 172130 Assessor Market Value $74,830.00 Map and Taxlot 151320CB03500 Property Address 2429 SW Valley View Drive. Redmond, OR 97756 Minimum Bid $44,600.00 Comments This is a vacant rectangular shaped property within the Redmond city limits. City of Redmond water, sewer and other public utilities are available to the property. Contact City of Redmond for questions on services. The property is a legal lot of record as it was created through the platted Valleyview subdivision. Parcel ID 2019-02 Assessor Account 202728 Assessor Market Value $12,270.00 Map and Taxlot 171229AD00399 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $2,088.00 Comments This is an irregular (triangular) property located in the City of Bend. The property is not developable as a stand-alone parcel due to its configuration. Contact City of Bend for questions regarding development. Parcel ID 2019-03 Assessor Account 131692 Assessor Market Value $105,160 Map and Taxlot 1714210001700 Property Address 25390 BACHELOR LN, BEND, OR 97701 Minimum Bid $52,000.00 Comments SOLD AS -IS. This is a platted residential lot, and a legal lot of record. The property has power and has had a septic site evaluation. Water is supplied via an on-site well. Availability of utilities must be confirmed with purveyor; septic site evaluation must be confirmed with Deschutes County. Water must be confirmed with the State of Oregon water Resources Department. Parcel ID 2019-04 Assessor Account 108401 Page 1 of 12 EXHIBIT "A" Assessor Market Value $1,990.00 Map and Taxlot 191405A000300 Property Address No Situs Address, Bend, OR 97702 Minimum Bid $1,920.00 Comments The property is a vacant parcel; there is no record of legal lot of record status. All necessary development permits are subject to Deschutes County regulations. Contact Deschutes County Community Development Department. Parcel ID 2019-05 Assessor Account 108411 Assessor Market Value $1,990.00 Map and Taxlot 191405A001400 Property Address No Situs Address, Bend, OR 97702 Minimum Bid $1,920.00 Comments The property is a vacant parcel; there is no record of legal lot of record status. All necessary development permits are subject to Deschutes County regulations. Contact Deschutes County Community Development Department. Parcel ID 2019-06 Assessor Account 137352 Assessor Market Value $30,610.00 Map and Taxlot 201001 D000574 Property Address No Situs Address, Bend, OR 97707 Minimum Bid $2,800.00 Comments An irregular shaped parcel vacant of structures. The subject property is landlocked and does not have any direct frontage on a dedicated public right of way. There is no evidence of any access easements to the property. There is no evidence of water, septic or utility availability to the site - contact Deschutes County Community Development. Parcel ID 2019-07 Assessor Account 115495 Assessor Market Value $53,000 Map and Taxlot 201012AA02200 Property Address 17174 AZUSA RD, BEND, OR 97707 Minimum Bid $25,976.00 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 Soils regarding development reauirements. Parcel ID 2019-08 Assessor Account 115677 Assessor Market Value $53,000.00 Page 2 of 12 EXHIBIT "A" Map and Taxlot 201012AC01500 Property Address 56645 Stellar Drive, Bend, OR 97707 Minimum Bid $20,400.00 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 WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-09 Assessor Account 115629 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03600 Property Address 17028 Downey Rd. Bend, OR 97707 Minimum Bid $20,400.00 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 AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-10 Assessor Account 115628 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03700 Property Address 17018 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 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 LM; WA and AS overlay zones may be applicable -contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-11 Assessor Account 115681 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03900 Property Address 56615 Stellar Drive, Bend, OR 97707 Minimum Bid $20,400.00 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 AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding Page 3 of 12 EXHIBIT "A" development requirements. Parcel ID 2019-12 Assessor Account 115682 Assessor Market Value $53,000.00 Map and Taxlot 201012AC04000 Property Address 56611 Stellar Drive, Bend. OR 97707 Minimum Bid $20,400.00 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 WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-13 Assessor Account 115569 Assessor Market Value $53,000.00 Map and Taxlot 201012AD00400 Property Address 17162 Covina Road, Bend. OR 97707 Minimum Bid $25,976.00 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 Soils regarding development requirements. Parcel ID 2019-14 Assessor Account 115568 Assessor Market Value $53,000.00 Map and Taxlot 201012AD00500 Property Address 17154 Covina Raod, Bend, OR 97707 Minimum Bid $25,976.00 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 Soils regarding development requirements. Parcel ID 2019-15 Assessor Account 115567 Assessor Market Value $53,000.00 Map and Taxlot 201012AD00600 Property Address 17150 Covina Road, Bend, OR 97707 Minimum Bid $25,976.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Page 4 of 12 Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid EXHIBIT "A" 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 Soils regarding development requirements. 2019-16 115664 $53,000.00 201012AD05200 No Situs Address, Bend, OR 97707 $21,624.00 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 Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-17 115747 $53,000.00 201012B005900 16998 Downey Road, Bend, OR 97707 $20,400.00 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 WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-18 115746 $53,000.00 201012B006000 16992 Downey Road, Bend, OR 97707 $20,400.00 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 resultina from the WA and AS overlav zones Page 5 of 12 may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-19 Assessor Account 115765 Assessor Market Value $53,000.00 Map and Taxlot 201012B006100 Property Address 16980 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 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 WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-20 115869 $53,000.00 201012C005900 16889 Fontana Road, Bend, OR 97707 $16,320.00 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 AS and WA overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-21 Assessor Account 115868 Assessor Market Value $53,000.00 Map and Taxlot 2010120006000 Property Address 16881 Fontana Road, Bend, OR 97707 Minimum Bid $16,320.00 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 AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Page 6 of 12 Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid W7.11-3Y9WN 2019-22 115877 $16,500.00 201012C007300 16874 Glendale Road, Bend, OR 97707 $16,320.00 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 AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-23 115876 $53,000.00 201012C007400 16882 Glendale Road, Bend, OR 97707 $16,320.00 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 AS overlay zones — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-24 Assessor Account 117891 Assessor Market Value $53,000.00 Map and Taxlot 201012C007500 Property Address 16890 Glendale Road, Bend, OR 97707 Minimum Bid $16,320.00 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 AS overlay zones — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-25 Removed from sale. Parcel ID 2019-26 Assessor Account 116618 Page 7 of 12 EXHIBIT "A" Assessor Market Value $53,000.00 Map and Taxlot 201013C010200 Property Address 56039 Gothard Way, Bend, OR 97707 Minimum Bid $19,176.00 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 overlay zone — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-27 Assessor Account 116617 Assessor Market Value $16,500.00 Map and Taxlot 201013C010300 Property Address 56049 Gothard Way, Bend, OR 97707 Minimum Bid $19,176.00 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 overlay zone — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-28 Assessor Account 126803 Assessor Market Value $16.580.00 Map and Taxlot 211003DD03000 Property Address 16338 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 zone and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-29 Assessor Account 126785 Assessor Market Value $16,580.00 Map and Taxlot 211003DD03100 Page 8 of 12 Property Address 16346 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 Soils regarding development reauirements. Parcel ID 2019-30 Assessor Account 126798 Assessor Market Value $23,740.00 Map and Taxlot 211003DD03700 Property Address 16369 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 Soils regarding development reauirements. Parcel ID 2019-31 Assessor Account 151526 Assessor Market Value $0.00 Map and Taxlot 211003DD03800 Property Address 16361 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 Soils regarding development reauirements. Parcel ID 2019-32 Assessor Account 126799 Page 9 of 12 EXHIBIT "A" Assessor Market Value $23,740.00 Map and Taxlot 211003DD03900 Property Address 16353 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 Soils regarding development reauirements. Parcel ID 2019-33 Assessor Account 126800 Assessor Market Value $16,580.00 Map and Taxiot 211003DD04000 Property Address 16345 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. 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 Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-34 141996 $74,315,00 221009C000800 15720 Rim Drive, La Pine, OR 97739 $16,000.00 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 detached shed/ramada. The property was approved an on- site sanitary waste (septic) system (sand filter) by Deschutes County in 1994, however it appears that the original system was approved in 1978 —a new on-site system may need to be constructed. Further restrictions resulting from the WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development reauirements. Page 10 of 12 EXHIBIT "A" All prospective bidders shall register on or prior to the day of the sale, by E-mail to James. Lewis@deschutes.org, Fax to (541) 317-3168, by Mailing to Deschutes County Property Management; P.O. Box 6005; Bend, OR 97708-6005, or in person between May 13 , 2019 through May 16, 2019, during the hours of 9:00 a.m. and 2:00 p.m. at 14 NW Kearney Avenue in Bend, Oregon. The registration form is available at www.deschutes.org. Bidder must provide a completed registration form, which includes bidder's legal name, physical address, mailing address, telephone number, how to take title, and signature. 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, 2019, 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 6.25%; 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.orq 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. Regardless of method of purchase, upon receipt of Certificate of Sale, the Certificate of Sale must be recorded with the Deschutes County Clerk. 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. 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. Page 11 of 12 EXHIBIT "A" 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) 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. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request information in an alternative format, please call (541) 617-4747 or (541) 330-4631. SHANE NELSON Deschutes County Sheriff By Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 3, April 10, and April 17, 2019 Date of Last Publication: April 24, 2019 Page 12 of 12 EXHIBIT "BREVIEWED " NOTE LEGAL COUNSEL 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: <<LegalDescription» in the principal sum of <<AmountFinanced» with interest on the unpaid principal balance from the designated closing date or the date of closing, until paid, at the rate of six and a quarter per cent (6.25%) 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 indebtednessevidenced 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. EXHIBIT "B" All persons liable either now or hereafter for payment of this Note severally waive 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 FEE TITLE 2 EXHIBIT "B" 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. PROMISOR: Date: STATE OF OREGON ) ss. County of Deschutes ) This instrument was signed before me on 2019, By My Commission Expires: Notary Public for Oregon 3 FORM No.801—TRUST DEED (Assignment Restricted). O_POP.T:.Anr.)P. ,,.0 s'evcns:¢ss:a ......-_... .... .. ......... .... ....... . ..__ ,__.. .,...-_ .,..__. .,.-.-. ,,,. - _... _- .-..,. -- ..........., ........ 11 _ .. -. ... SC NO PARI Of ANY e,1 LVENS-N_Ss FORM MAY SE REPRODUCED INANYFORMOR 9YANY ELECTRONQOR MFGHANICAIL44F.A1S flys ,` TRUST DEED SPACE. RESERVED ri1Ill RECORDER'S USE S H's TRIJ, .; T I)I?Ia), made On . ........ ... ......... .. _ (3C'I;v,,; as ars fsriii;ttn_ a4-Cru4te�t... .._ _ ......__ ... ._. _.. __ _ _as Beneficiary, WITNESSETH: That Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power Of sale, the prop- erty ill ......... ........ _...... ...... .......... ...... ..- _...... ......_...... .... .. County, Oregon, described as follows (legal description of propmtv): together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging Orin arty way now or hereafter appertaining, and the rents, 'issues and profits thereof, and all fixtures now or hereafter attached to or used in con- riection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of._ Dollars, with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and made by grantor, the final payment of principal and interest, if oat sooner paid, to be due and payable on The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of the note becomes due and payable.. Should the grantor either agree to, attempt to, or acntally sell, convey, or assign :all (or any part) of the, property, or all (or tiny part) of grnrnor's interest in it without tint obtaining the wriucn eon"'Cla or approval orthe henefiriary, then, at lite beneficiary's option', all obligations secured by this instruurent, irrespective of the matin rity dates expressed therein, or herein, shall become innnediately due and puyablc.'I'lie execution by grantor of an earnest money ag eemcnt"' does not constitute a sale, conveyance or assignment. To protect the security of this trust deed, grantor agrees: 1. It, protect, preserve and maintain the property in good condition and repair; not to remove or demolish any building, or improvement thereon; and not to cnimnil or pervnit arty wuslc of the property. ?. To complete of restore promptly and in good and habitable condition any building Or improvement which stay be constructed, damaged or destroyed there- j on, and pay when due all costs incurred therefor. 3. To comply with all laws, ordinances. regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in exe- cuting such financing statements pursuing. to the Uniform C'ornrnercial Code as the beneficiary may require, and to pay for filing the same in the proper public oflke or offices, as well as (he cost of ; ... .............. .............. .._.. 9. At tiny time. and from time to tiro, it pot written request of beneficiary, payment of its fees and presentation of this deed and the note for cndorsc- orient . (in case or full reconveyances, for cancellation), without affecting the liabifily of any person for the payrriont of ane ineiebtcdness, trustee unity (a) consent to the making of any map or pill( of the properly; (b) join in granting any ra.smriew or creating any ivsInclion thereon; (e) Join in any subordination or other agreement affecting this deed or the Lien or charge thereof`. or toil rcctwvcy, without warranty, all or any part of the pmpart no,, grantee in any reconveyance may be described as the "person or persons legally entitled thereto,"' and the recitals therein of any matters or facts shall be conclusive proof of the fruihfulnesc there- of,'frustee fee,, for any of the services mentioned in this paragraph shall be nons t leThan $5- 10. Upon arty default by grantor hereunder, beneficiary may. at ally time without notice, either in perscnr, by agent, or by a receiver to be appointed bya [purl and without regard to the adequacy of any security for the. indebtedness hereby secured, enter upon tool take possession of du. property or any pang dicecof, in its own '. name sue or otherwise collect the rents, issues and profits, including those past doe and unpaid, and apply the san'ic, less costs and expenses of operation and collce- tion, including reasonable attorney tees, upon any indelitrdnrss secured hereby, and in such order as beneficiary may determine. 11. Tile, eittCrng upon and taking possession of the property, the collection of such rents, issues and profits, or the proceeds or fire and other insurance poli- cies Of compensation or award;: 1'pr any taking or damage of the property. and the application or release,, thereof as aforesaid, shall not cure or waive any default er notice, of default hereunder, or invalidate any act done pursuant to such notice. 12. Upon default by grantor in payment of any indebtedness secured hereby or in grantor's perforrnmrce. of any agreement hereunder, time being of tho essence with respect to such payment and/nc performance. the, beneficiary may declare: all sums secured hereby immediately due and payable. In such event, the benefleiary may elect to proceed to foreclose this h'u1t dead in equity as a mortgage or direct the trustee to forcclose this lt'ust deed by adyL"I'tllerrlCrll and sale, iH may direct the tr'u.aae to pursue any other right or retriedy, either at law or in cquicy, which the, beneficiary may have. In the event the beneficiary elects to foreclose by adv0r68C- ment and sale, the beneficiary or the trustee shall execute and cause to be recorded a written notice of default and election to sell the; property to satisfy tine obliga- lien scoured hereby w'her upon the trustee shall fix the time and place of sale, give notice thereof as than required by law and proceed to fomcluse this trust deed in the mariner provided in ORS 86,752 to 86.815. I:3. After the trustee has commenced foreclosure by adveitiscn;cnt and sale, and at any time prior to 5 days before the date the. trustee conducts the sale, the grantor or any other person so privileged by ORS 86.778 may cure the default or defaults. if tits default consists of a failure to flay, when due, sums secured by the trust deed, the default may be cured by paying the cn(Int, amount title at the tirrir, of the clue, other than such portion as would not then he due had no defaill, occurred. Any flitter default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case, in addition to curing the default or defaufts, the, person affecting the cine shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed, together with trustee and attorney fees not exceeding the amounts provided by law. 14. Otherwise, the sale shall be held on the date and at the, lime and place designated in the notice of sale or the time to which the .-gale mt.y be postponed as , provided by law, The trustee may soil (hr. property either in One, parcel or in separate parcels and shall sell the parcel or par,:els at aaetion to the highest bidder for cash, payable, at the (line of sale. 'riustee shall deliver to the purehaw, its deed in form as required by law conveying the property so told, but without any covenant or warranty. express or implied. rhe recitals in the deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person, exchuling the uuVae, but including the grantor and beneficiary, may purchase at the sale. f 5.'When trustee sells pursuant to the powers provided herein, trusa:c shall apply lire proceeds of sale. to paymer.i of: (1) the expenses of sale, including the i compensation of tho trustee and a reasonable. charge by trustee's attorney; (2) to the obligation secured by the trust deed: (1) to all persons having recorded liens sub- sequent to the burrcea of the trustee in the trust deed as their interests may appear in the order of thele priority; and (4) the surplus, if any,'to the grantor, or to :any successor in interest entitled to such surplus. 3.. 16. FSGncGcimy rnay, from time to time, app,iint a successor or successors io orry trustee ranted her'cin or to any successor trustco appointed hereund a t poll such appoinuachl, and without conv'eyunce to the sncccssor trustee, the lata;r shall he vested with all title, powers and dutiesconterred upon any trustee herein named or uppoinrcd hereunder, Each such appointment and substitution shall be trestleb} wriberi instnnuent ctecuted by bellefici ux which, when reeordod ht the utortuat;e records (if tire, county or counties in which the pu;perty in luno led, shall 1,e com•lumw pmol' of proper apps itinnout of't e a e spar trustee. 17. Trustee accepts this trust when this deed. duly executed and acknowledged, to mads a public record rd tic [(trot idctl b law. trust e is not obligated bi conte oily party hereto of pending sale under any other deed of trust or of any faction or procve, ing fit uhtch grantor, I vne(idars Or"oualJe, haA by a Barr units* droll action or proceeding is brought by trustee Thf: grantor COV"Vanls to and agrees with the beneficiary and the benefit ary s successors in interest thai. the grantor is lawfully seized in fee simple of the real property and has a valid, unencumbered title thereto, except as may be set firth in any adtisndum or exhibit attached hereto, and that the grantor will warrant and forever defend the same against all persons whomsoever. WARNING': unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest. If the collaterat becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. (:irantor may later cancel the coverage by providing evidence that grantor has obtained property coverage elsewhere, Granter is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the underlying contract or loan will apply to it. 1 The effective date of coverage stay be the date gr'antor's prior coverage lapsed or the. date grantor failed to provide proof Of cover- age. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applica- ble law. The grantor warrants that the. proceeds of the loan represented by the above described note and this oust dced are. (choose One): - (a) primarily for graimor's personal, family or household purposes (see Important Notice below), (b) for fill organization, or (even if er ntor is a natural person) are for business or connncrcial purposes. This decd applies to, inures to the benefit of, and binds ,it) parries hereto, their heirs, Icgatees, devisees, administrators, executors, personal representa(ives. successors and assigns. Thr.. term beneficiary shall mean fie holder and owner, including, pledgee, of the e.onwact secured hereby. whether of nut named as a bench - clary herein. It, construing this instrument, where the context so requires, the singular includes the plurak and all grammatical c-hantles shall be made so [hat this fnstru- meat shall apply equally to businesses, other entities and to individuals, iN WITNESS WHEREOF, grantor has executed this instruntc',ilt the date stated above', any si .nature on behalf of a business K i or other entity is made with the authority of that entity. *IMPORTANT NOTICE; Delete, by lining out, whichever warranty (a) or (b) Is inapplicable. If warranty (a) is applicable and the beneficiary is a creditor as such word Is defined in the Truth -in -Lending Act and Regulation Z, the beneficiary MUST comply with the Act and - -- . Regulation by making required disclosures. if compliance with the Act is not required, disregard this notice.-- MrE OF OREGON, County of .. .. _...,1..) ;>s, This record .vas acknow;cdged NcIorc rni, on ..... _ _.. .. ......... .. ......_... _.___............._, by This record was acknow CAgcd before trtc on __ ._ ... ..._.... . _.__... .... by........ a, ...... col' ......... _. _. _..._...___ _ . .............. ...._...___._ ___. Notary Public for Oregon \'Zv commission expires REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid.) Trustee The undcrsigned is the Iegal owner and holder of all uutchicun css rcured by the forst e mg truss deed. 111 :ems woured by tilt hast deed have, been lulu piiid and satisfied. You hereby arc directed, on payment to Voir of:nly sums owing to you tinnier tile ie n. of lhr InN (keit orriorsuaw to :iaoutc, io canal :d1 evidence, s of indebiedness secured by the trust deed (which are delivered to you heiewdh together [,fill the crt'l du dl and to recd Ivey, without s(ammly, to the parocs dcsi,;. nated by (he [guns of the trust deed, the estate now held by you under the sanies Mail ate reconveyance. anal docurnents to .__.... _.. _....__ ..__....._._.._.... DATED.___....._ . ................. ._..._. _ ._._.. _ _... _. ._ ._._ ......._ ....._... Do not lose or destroy this Trust Deed OR THE NOTE which It secures. Both should be delivered to the trustee for cancellation before reconveyance is made. Ttcncf ciaay E S C .A 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 February 20, 2019 DATE: February 14, 2019 FROM: dames Lewis, Property Management, 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2019-001, Sale of Certain Real Property Acquired by Deschutes County through Tax Foreclosure RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board of County Commissioners approve and sign Document 2019-001. TITLE OF AGENDA ITEM: Consideration of Board Signature of Document Number 2019-001, an Order for the Sale of Certain Real Property Acquired by Deschutes County Through Tax Foreclosure. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The attached list of properties (33 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, Friday, May 17th, 2019 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 $614,008. 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. One copy of signed document to Jennifer Hill, Civil Technician at the Sheriff's Office (scan).