Loading...
2020-59-Order No. 2020-003 Recorded 2/18/2020Recorded in Deschutes County CJ2020-59 Nancy Blankenship, County Clerk 02/1$/2020 4:38:00 PM REVIEWED Commissioners' Journal C'rJT`�SC�G LE AL COUNSEL 2020-59 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. 2020-003 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 15, 2020, 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. PAGE 1 OF 2- ORDER No. 2020-003 Section 4. That all sales shall be deemed conditional until such time as the Board of County Commissioners formally accepts or rejects said sale. 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 15, 2020, 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 h day of February, 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ATTEST: Recording Secreta PAGE 2 of 2- ORDER No. 2020-003 ANTHONY DEBONE, Vice Chair PHILIP G. H DESRON, Commissioner EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2020-003 adopted by the Board of County Commissioners of Deschutes County, Oregon, on INSERT DATE, 2020, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 15, 2020, 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 2020-01 Assessor Account 113285 Assessor Market Value $30.00 Map and Taxlot 1712040000507 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $100.00 Comments This is a vacant "strip" property that is not a legal lot of record. The property is not separately developable independent of adjoining properties. Parcel ID 2020-02 Assessor Account 168465 Assessor Market Value $25,120 Map and Taxlot 171205D000601 Property Address No Situs Address, Bend, OR 97703 Minimum Bid $8,500,00 Comments This is a semi -circular shaped property that includes a well house that formerly served the water system serving the Stoneridge subdivision. The location of the property as shown on the Tax Assessors map and the given legal description does not match the recorded plat of Stoneridge (plat shows same sized area located between Lots 1 and 2, Block 2). The property may not be developable as a stand-alone parcel as it is not a legal lot of record for development purposes per the original plat. Contact Deschutes County Community Development Department with questions reaardinq development. Parcel ID 2020-03 Assessor Account 202728 Assessor Market Value $12,270.00 Map and Taxlot 171229AD00399 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $700.00 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. Page 1 of 11 EXHIBIT "A" Parcel ID 2020-04 Assessor Account 193913 Assessor Market Value $0.00 Map and Taxlot 181122DA01200 Property Address No Situs Address, Bend, Oregon 97702 Minimum Bid $4,000.00 Comments The property (approximately 20 feet wide by 125 feet long) is a vacant portion of the Common Area (Common 5) of the plat of Elkai Woods Townhomes Phase 11— the property lies between lots 16 and 17 of the same plat; there is no record of legal lot of record status as it was intended to be a common area providing mid -block access between the private street and the golf course. Contact Deschutes County Community Development Department regarding allowed uses. Parcel ID 2020-05 Assessor Account 203015 Assessor Market Value $68,460.00 Map and Taxlot 181209AC01200 Property Address No Situs Address, Bend OR 97702 Minimum Bid $800.00 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 Community Development regarding allowed uses. Parcel ID 2020-06 Assessor Account 246123 Assessor Market Value $38,610.00 Map and Taxlot 181217BD13200 Property Address No Situs Address, Bend OR 97702 Minimum Bid $400.00 Comments An irregular shaped parcel vacant of structures. The subject property is landscaped island lying entirely within the right of way for Borden Drive. The property was retained as Tract A (Common Area) to retain the large Ponderosa Pine trees located therein, but ownership was never transferred to an owners association or the like. There is no evidence of utility availability to the property - contact City of Bend Community Development regarding allowed uses. Page 2 of 11 EXHIBIT "A" Parcel ID 2020-07 Assessor Account 121690 Assessor Market Value $0.00 Map and Taxlot 181218DD00099 Property Address No Situs Address, Bend OR 97702 Minimum Bid $1000.00 Comments The property is irregular in shape and serves as the common area for the Frontier West subdivision platted in 1976. There is no evidence of utility availability to the property - contact City of Bend Community Development regarding allowed uses. Parcel ID 2020-08 Assessor Account 246451 Assessor Market Value $0.00 Map and Taxlot 181221 BC01903 Property Address No Situs Address, Bend OR 97702 Minimum Bid $1,600.00 Comments Vacant, platted common area (Tract A) for the Blue Ridge subdivision. The property contains a paved area that is intended as an emergency vehicle turnaround and private water and sewer easements. There is no evidence of utility availability to the property - contact City of Bend Community Development reaardina allowed uses. Parcel ID 2020-09 Assessor Account 143179 Assessor Market Value $9,180.00 Map and Taxlot 1916320002500 Property Address 29850 HWY 20, Bend OR 97702 Minimum Bid $1,500.00 Comments Vacant parcel lying adjacent to Highway 20. There have been inconsistencies regarding multiple surveys and legal descriptions for the property. The multiple zoning designations restrict development and use of the property. Contact the Deschutes County Community Development Department regarding development reauirements and restrictions. Parcel ID 2020-10 Assessor Account 117290 Assessor Market Value $75,500.00 Map and Taxlot 201012AC06200 Property Address 17026 Elsinore Rd, Bend OR 97707 Minimum Bid $22,400.00 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. Page 3 of 11 EXHIBIT "A" Parcel ID 2020-11 Assessor Account 115864 Assessor Market Value $75,500.00 Map and Taxlot 201012C004400 Property Address 17010 Fontana Rd, Bend OR 97707 Minimum Bid $22,400.00 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 2020-12 Assessor Account 116120 Assessor Market Value $75,500.00 Map and Taxlot 201012D003900 Property Address 17034 Fontana Rd, Bend OR 97707 Minimum Bid $20,720.00 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 2020-13 Assessor Account 116404 Assessor Market Value $75,500.00 Map and Taxlot 201013A013600 Property Address No Situs Address, Bend, OR 97703 Minimum Bid $20,800.00 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 overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2020-14 Assessor Account 117365 Assessor Market Value $103,870 Map and Taxlot 201013D001000 Property Address 17127 Pasadena Rd, Bend OR 97707 Minimum Bid $24,800.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Page 4 of 11 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 FP zone, and the WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2020-15 Assessor Account 116750 Assessor Market Value $75,500.00 Map and Taxlot 201013D009900 Property Address 17192 Milky Way, Bend OR 97707 Minimum Bid $24,190.00 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 FP zone, and the WA and LM overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2020-16 Assessor Account 116768 Assessor Market Value $75,500.00 Map and Taxlot 201013D010100 Property Address 17180 Milky Way, Bend OR 97707 Minimum Bid $24,190.00 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 FP zone, and the WA and LM overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2020-17 Assessor Account 116812 Assessor Market Value $75,500.00 Map and Taxlot 201013D016600 Property Address 17007 Torrance Rd, Bend OR 97707 Minimum Bid $18,800.00 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 Soils regarding development requirements. Page 5 of 11 EXHIBIT "A" Parcel ID 2020-18 Assessor Account 116916 Assessor Market Value $29,000 Map and Taxlot 201107B000103 Property Address 17327 Spring River Rd, Bend OR 97707 Minimum Bid $24,000.00 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. A portion of the property includes mapped FEMA wetland. Further restrictions resulting from the LM, WA and AS overlay zones, and wetland regulations, may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2020-19 Assessor Account 117032 Assessor Market Value $29,480.00 Map and Taxlot 201107B013600 Property Address 17220 Elsinore Rd, Bend OR 97707 Minimum Bid $25,760.00 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 2020-20 Assessor Account 117257 Assessor Market Value $75,500.00 Map and Taxlot 201118C002700 Property Address 17219 Pasadena Rd, Bend OR 97707 Minimum Bid $24,800.00 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. A portion of the property includes mapped FEMA wetland. Further restrictions resulting from the LM and WA overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2020-21 Assessor Account 126164 Page 6 of 11 I :i:I ll=311iil/_W Assessor Market Value 124,120.00 Map and Taxlot 201119BC03400 Property Address 55792 Swan Rd, Bend OR 97707 Minimum Bid $46,480.00 Comments SOLD AS -IS. Platted residential lot (legal lot of record). In an area of community sewer service. The property contains an older structure (home) in a state of disrepair. Further restrictions resulting from the WA overlay zone may be applicable — contact Deschutes County Community Development Department regarding development requirements. Parcel ID 2020-22 Assessor Account 126487 Assessor Market Value $0.00 Map and Taxlot 211002B004800 Property Address 54661 Gray Squirrel Dr., Bend OR 97707 Minimum Bid $12,000.00 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. A portion of the property includes mapped FEMA wetland. Further restrictions resulting from the WA and LM overlay zones, and wetland regulations, may apply — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2020-23 Assessor Account 126486 Assessor Market Value $49,550.00 Map and Taxlot 211002B004900 Property Address 54653 Gray Squirrel Dr., Bend OR 97707 Minimum Bid $12,000.00 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. A portion of the property includes mapped FEMA wetland. Further restrictions resulting from the WA and LM overlay zones, and wetland regulations, may apply — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2020-24 Assessor Account 126803 Assessor Market Value $16,580.00 Map and Taxlot 211003DD03000 Property Address 16338 Fisher Lane, Bend, OR 97707 Minimum Bid $10,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Page 7 of 11 EXHIBIT "A" 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 reauirements. Parcel ID 2020-25 Assessor Account 126785 Assessor Market Value $16,580.00 Map and Taxlot 211003DD03100 Property Address 16346 Fisher Lane, Bend, OR 97707 Minimum Bid $10,000.00 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 reauirements. Parcel ID 2020-26 Assessor Account 126798 Assessor Market Value $23,270.00 Map and Taxlot 211003DD03700 Property Address 16369 Fisher Lane, Bend, OR 97707 Minimum Bid $10,000.00 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 2020-27 Assessor Account 151526 Assessor Market Value $0.00 Map and Taxlot 211003DD03800 Property Address 16361 Fisher Lane, Bend, OR 97707 Page 8 of 11 EXHIBIT "A" Minimum Bid $10,000.00 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 2020-28 Assessor Account 126799 Assessor Market Value $23,270.00 Map and Taxlot 211003DD03900 Property Address 16353 Fisher Lane, Bend, OR 97707 Minimum Bid $10,000.00 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 2020-29 Assessor Account 126800 Assessor Market Value $16,580.00 Map and Taxlot 211003DD04000 Property Address 16345 Fisher Lane, Bend, OR 97707 Minimum Bid $10,000.00 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 2020-30 Assessor Account 126869 Assessor Market Value $0.00 Page 9 of 11 Map and Taxlot Property Address Minimum Bid rW:4:l--4111VIN 211010A000500 No Situs Address, Bend OR 97707 $10,000.00 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. 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. All prospective bidders shall register on or prior to the day of the sale, by E-mail to Deborah. Cook(a)-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 11, 2020 through May 14, 2020, 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 15, 2020, 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 (120 payments) with a fixed interest rate of 6.5%; 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. 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. Page 10 of 11 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) 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) 385-1749 or (541) 330-4631. SHANE NELSON Deschutes County Sheriff im Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 1, April 8, and April 15, 2020 Date of Last Publication: April 22, 2020 Page 11 of 11 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 the designated closing date or the date of closing, until paid, at the rate of six and one-half per cent (6.5%) 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 «Down Payment». 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 TO7 CHAPTER 8, OREGON LAWS 2010. PROMISOR: Date: STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was signed before me on 2020, My Commission Expires: Notary Public for Oregon 01 E S CMG o 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 BOCC Wednesday Meeting of February 12, 2020 DATE: February 4, 2020 FROM: Deborah Cook, Property Management, 541-385-3205 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2020-003, an Order Declaring Surplus Property and Ordering Sale through Public Auction (Tax Foreclosed Property) RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board of County Commissioners approve and sign Document 2020-003. BACKGROUND AND POLICY IMPLICATIONS: The attached list of properties (30 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 tree minimum price (minimum bid) for each parcel and the conditions and terms of the sale. The properties proposed for declaration as surplus and eventual sale at auction are similar to those in past years. Many properties are located in the southern portion of Deschutes County and are legally platted lots, but have high ground water and/or wetlands, and are likely not developable due to the inability to have an on -site sewage disposal system (septic system) approved. This results in a lower minimum bid and eventual sale price. Other properties included in the list are remnants (strips) that are due to survey and legal description errors, or properties that are designated as "common area" on a recorded plat, but have been forfeited through foreclosure due to the lack of the presence of a homeowners association to take ownership. These latter properties are also undevelopable due to their irregular size and shape, and or their designation as common area through a land use process. 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 as applicable, and find there is no reason to retain the land in County ownership. The auction will begin at 10:00 am, Friday, May 15t", 2020 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 $411,940. 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. RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board of County Commissioners approve and sign Document 2020-003. ATTENDANCE: Deborah Cook DISTRIBUTION OF DOCUMENTS: One fully signed original document returned to Deborah Cook for permanent records. One copy of signed document to Jennifer Hill, Civil Technician at the Sheriff's Office (scan).