HomeMy WebLinkAboutDoc 180 - Quitclaim Deed - OberstAfter recording return to and
send tax statements to:
Kelly Oberst
c/o AmeriTitle
345 SE 3rd Street
Bend, OR 97702
SPACE ABOVE THIS LINE IS FOR RECORDER'S US ONLY
QUITCLAIM DEED
DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, Grantor, releases
and quitclaims to, KELLY OBERST, Grantee, all of Grantors' right, title and interest in and to real
property described as:
Lot Fifty (50) HAWK'S RIDGE PHASE 3, recorded February 18, 2000, in Cabinet E, Pa e 390,
Deschutes County, Oregon .
The true consideration for this conveyance is $10,143.69.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING F E
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, I
195.301 AND 195.305 TO 195 .336 AND SECTIONS 5 TO 11, CHAPTER 424 , OREGON LAWf'
2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 07,
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 DEFI ED IN
ORS 92 .010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, T I
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARIVIING OR FOREST PRACTICES , A
DEFINED IN ORS 30 .930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROFERTY
OWNERS , IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONp 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.
-'/(l<fh '
Dated thi ~day of a~ ,2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
~~
ALAN UNGER, CHAIR
ATTEST: TAMMY~
Recording Secretary ANTHONY DEBONE, Commissioner
State of Oregon )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared ALAN UNGER, TAMMY BANEY, and AN ~HONY
DEBONE, the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged th ~OregOing instrum.ent on behalf of Deschutes County, Oregon.
DATE~a +fL,~,2013.
Notary Public for Oregon
My Commission Expires: #-Z4 2J)/::
OFFICI AL S EAL
BO Nrc: LEE B A KER
NOTAflY 'UBUC-OREG ON
CO, MISSION NO. 455987
DC 2 013 . 18 0
DESCHUTES COUNTY DOCUMENT SUMMARY
REVISED
(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: 104/08/20131 Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: INiAl
Contractor Contact: ~ Contractor Phone #: INiAl
Type of Document: Quitclaim Deed
Goods and/or Services: NIA
Background & History: As authorized by Chapter 312 Oregon Revised Statutes,
the Deschutes County Tax Collector foreclosed on certain property for delinquent taxes.
On December 1, 2009, the Circuit Court of the State of Oregon granted a General
Judgment to Deschutes County. By that judgment, real property was conveyed, subject
to redemption, to Deschutes County. The two-year redemption period ended December
1,2011. Deschutes County filed a Tax Deed with the County Clerk on March 9, 2012.
One of the properties included in the General Judgment and subsequent Tax Deed is
Lot 50, Hawk's Ridge Phase 3, City of Bend. In preparing to sell the lot at public
auction, staff discovered that notice had not been property given to all persons entitled
to it. ORS 312.125 requires that the Tax Collector notify persons, having or appearing
to have a lien or other interest in the property, that they may be entitled to redeem the
property. County Counsel advised that one method of resolving the issue of lack of
notice to the lienholders was to issue new notice to the lien holders that the redemptiqn
period would be extended to June 1, 2013. I
One of the lienholders, Cassidy Crocker and Emily Crocker, notified us that they wish Ito
exercise their right to redeem the property. They understand that statute requires us ~o
convey the property to the former owner, Kelly Oberst. i
I
Had the Crockers received the required noticed and redeemed the property prior to th~
recording of the tax deed, the title to the property would have remained in the former i
owners. This is because a redemption prevents the transfer of the legal title to the .
County and the redemptioner receives only a certificate of redemption. Given that the
tax deed had already been recorded in this situation and since the Crockers provided
notice to the County that they wished to exercise their redemption rights, in order to
simulate the same situation as if this had been a pre-tax deed redemption, the
authorization for the County to issue a deed outside of a public auction is ORS
275.180. That statute authorizes a county to sell to the former owner for "not less than
the amount of taxes and interest accrued and charged against such property at the time
of purchase by the county with interest thereon at the rate of six percent per annum
4/23/2013
_____ _
from the date of such purchase" (the date the Tax Deed was recorded). The amount·
paid by the Crockers for the property complies with ORS 275.180 and is an amount
equal to what the Crockers would have paid from the time of the tax foreclosure
judgment to the present had the tax deed not been recorded and they redeemed the
property. .
Agreement Starting Date: IUpon signatur~ Ending Date: INIAl
Annual Value or Total Payment: $1 0, 143.691
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? DYes [gI No!
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
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: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
Department Director Approval: ---p~"",",-"",--,--_--,,-_d--
Signature
Distribution of Document: Original to Teresa Rozic
4/23/2013
I
Official Review:
County Signature Required (check one): ,.CJ-'Bt>cc D Department Director (if <$25K~ I
legal ReViet/\CUvvv-: ("..b...r Date t;
Document Number 2013-180
Administ~>$25~but <$150K; if >$150~ BOCC Order N . I )
4/23/2013
DAlE: ;l{13 f ~
Deschutes County Tax Collector
Deschutes Services Building
1300 NW Wall St 2nd Fl
Bend, OR 97701
Re: Lot 50, HAWK'S RIDGE PHASE 3 I Taxlot 17-12-29CA-00166
Greetings,
We are the holders of record of the lien redemption rights to the above real property. We
are exercising the right of redemption by agreement to be closed through AmeriTitle Bend, Attn:
Diane Sullivan. Please send the deed to Ms. Sullivan as she directs.
Diane Sullivan
AmeriTitle
342 SB Third St
Bend, OR 97702 /",
//if!:~
Cassidy Crocker
