HomeMy WebLinkAboutDoc 177 - Deed - Johnson Ranch Rd PropertyDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 24, 2013
Please see directions for completing this document on the next page.
DATE: April 8,2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Signature by County Administrator and County Counsel of Document 2013-177, a
Substitution of Trustee and Deed of Reconveyance.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
At public auction in 2001, Terence Doyle and Rosemary Byrnes were declared successful bidder for the
parcel commonly known as 63275 Johnson Ranch Road, Bend, 97701. Deschutes County offered
financing for the transaction and the buyers signed a Trust Deed and a Promissory Note for $77,400.00.
On April 3, 2013, the Finance Department advised us that the borrowers had paid the balance owing in
full and had requested a Deed of Reconveyance.
FISCAL IMPLICATIONS:
Total received is $141,056.85.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board authorize County Administrator to sign the Substitution of Trustee
and authorize Legal Counsel to sign the Deed of Reconveyance.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic for recording with the County Clerk and transmittal to DoylelByrnes.
Deschutes County Finance Department
Marty Wynne. Finance Director 'Treasurer
P.O. Box 6005 • Bend, OR 97708-6005
1300 NW Wall St, Suite 200. Bend, OR 97701-1960
(541] 388-6559 • Fax (541] 749-2909
www.co.deschutes.or.us
MEMORANDUM
Date: April 3, 2013
To: Teresa Rozic, Property Management
From: Cheryl Circle, Financ~'
Re: Land Sale Contract Payoff -Doyle & Byrnes
Attached please an amortization schedule of the payments received on a note in
the name of Terrence Doyle and Rosemary Byrnes. The balance owing on this
account was paid in full April 2, 2013. I did not collect any recording fees but did
let Rosemary Byrnes know that she would be invoiced. We have the mailing
address as:
Terrence Doyle
Rosemary Byrnes
63295 Johnson Ranch Rd.
Bend OR 97701
Our records indicate the promissory note was dated May 2, 2001, which I have
included a copy.
Cheryl
}o I~-ll~
APR 0 "2013
PROPERTY &:
FACIUTIBS DEPr
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: INIAl
Contractor Contact: INIAl Contractor Phone #: ~
Type of Document: Substitution of Trustee and Deed of Reconveyance
Goods and/or Services: N/A
Background &History: At public auction in 2001, Terence Doyle and Rosemary •
Byrnes were declared successful bidder for the parcel commonly known as 63275
Johnson Ranch Road, Bend, 97701. Deschutes County offered financing for the
transaction and the buyers signed a Trust Deed and a Promissory Note for $77,400.00.
On April 3, 2013, the Finance Department advised us that the borrowers had paid the
balance owing in full and had requested a Deed of Reconveyance.
Agreement Starting Date: IUpon signature] Ending Date: ~
Annual Value or Total Payment: @141 ,056.851
N/A
D Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
N/A
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
N/A
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
4/8/2013
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact infonnation for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
Deparbnent Director Approval: ~.~
Signature Date
Distribution of Document: Original to Teresa Rozic for recording with the County
Clerk and transmittal to Doyle/Byrnes.
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-')
Legal Review Date
Document Number 2013-177
4/8/2013
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
AFTER RECORDING MAIL TO:
Terence Doyle
Rosemary Byrnes
63295 Johnson Ranch Rd.
Bend, OR 97701
SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE
Pursuant to ORS 86.790 (3), the present Beneficiary hereby appoints Mark Pilliod, County Legal
Counsel, as successor trustee of the following designated Trust Deed, said successor trustee having
all the powers of the original trustee, effective herewith:
Dated: May 2,2001
Recorded: May 3,2001
Instrument No. 2001-20825
Official Records of: Deschutes County
Grantor Terence Doyle and Rosemary Byrnes
Trustee: First American Title Insurance Company of Oregon
Beneficiary: Deschutes County, Oregon
All sums secured by the above referenced Trust Deed have been fully paid and satisfied. i Mark
Pilliod, upon delivery to him of the Trust Deed and related note marked paid, is hereby authorized and
instructed to cancel all evidence of indebtedness secured by the Trust Deed and to reconvey, rithout
warranty, to the parties designated by the terms of said Trust Deed the estate now held b Mark
PilHod under the Trust Deed.
Dated this ___of _____, 2013 DESCHUTES COUNTY, OREGON
Tom Anderson, County Administrator
STATE OF OREGON )
) ss.
County of Deschutes )
This instrument was acknowledged before me on ______, 2013 Jy Tom
Anderson, County Administrator, Deschutes County, Oregon. 1
Notary Public for Oregon
My Commission Expires: ___-+-_
Mark Pilliod, having received the appointment as successor trustee and the request for full
reconveyance as stated above, does hereby grant, bargain, convey, but without any covenant or
warrant, express or implied to the persons legally entitled thereto, all the estate held by Mark Rilliod in
and to the property described in the above referenced Trust Deed, except as may havr· been
previously conveyed to such persons.
Dated this of ,2013
Mark Pilliod, County Legal Counsel
STATE OF OREGON )
) ss.
County of Deschutes )
This instrument was acknowledged before me on _________, ~13, by
Mark Pilliod, County Legal Counsel, Deschutes County, Oregon.
Notary Public for Oregon
My Commission Expires: ___+-_
Document No. 2013-177