HomeMy WebLinkAboutDoc 265 - Quitclaim Deed - Escobedo-Morrowi
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Deschutes 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 May 29, 2013
Please see directions for completing this document on the next page.
DATE: May 20, 2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2013-265, a Quitclaim Deed to Joe and Nellie
Escobedo.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
As authorized by Chapter 312 Oregon Revised Statutes, the Deschutes County Tax Collector foreclosed
on certain property for delinquent taxes. On October 2,2003, the Circuit Court of the State of Oregon
granted a General Judgment to Deschutes County. Deschutes County recorded a Tax Deed February
23,2006.
One ofthe properties included in the General Judgment and subsequent Tax Deed is commonly known
as 17045 Pasadena Road, Bend (the "Property" or "Lot 33"). Keith and Kathy Morrow own the lots on
either side of the Property, buying one lot (34) in 1983 and the other ("Lot 32") in 1997. The attached
map shows the subject lots.
Mr. and Mrs. Morrow believed they bought Lots 32 and 33 from Joe and Nellie Escobedo in 1997. In
fact, the deed only described Lot 32. In 2012, they learned that Deschutes County foreclosed on Lot 33
and since that time they have tried to get clear title to the property.
In April 2013, staff recommended to the Board of County Commissioners that they allow Mr. and Mrs.
Morrow to purchase Lot 33 outside the public auction process pursuant to ORS 275.180. (See attached
staff memo). 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 at the rate of six percent per annum from Tax Deed recording date. The commissioners agreed
that the Morrows could pay that amount plus taxes that would have been assessed during the county's
ownership to purchase Lot 33.
The statute provides that the county must convey to the former owner, in this case Mr. and Mrs.
Escobedo. Mr. and Mrs. Morrow have obtained a quitclaim deed from the Escobedos. They will
record it after they record the quitclaim deed from the county to the Escobedos. County Counsel
advised that one way to resolve the issue of accepting funds from a party other than the former owner is
to have the Escobedos authorize the county to accept funds from the Morrows. That authorization is
attached.
FISCAL IMPLICATIONS:
County will receive $3,566.87 in taxes, penalties and interest plus $1,000.00 administrative fee for the
purchase.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends board signature of Document 2013-265.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic to coordinate payment and recording.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn 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 Fonn is also required. If this fonn 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 fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
\ Date: 105/20/20131 Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: IN/Aj
Contractor Contact: ~ Contractor Phone #: IN/Aj
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 October 2, 2003, the Circuit Court of the State of Oregon granted a General
Judgment to Deschutes County. Deschutes County recorded a Tax Deed February 23,
2006.
One of the properties included in the General Judgment and subsequent Tax Deed is
commonly known as 17045 Pasadena Road, Bend (the "Property" or "Lot 33"). Keith
and Kathy Morrow own the lots on either side of the Property, buying one lot (34) in
1983 and the other ("Lot 32") in 1997. The attached map shows the subject lots.
Mr. and Mrs. Morrow believed they bought Lots 32 and 33 from Joe and Nellie
Escobedo in 1997. In fact, the deed only described Lot 32. In 2012, they learned that
Deschutes County foreclosed on Lot 33 and since that time they have tried to get clear
title to the property.
In April 2013, staff recommended to the Board of County Commissioners that they allow
Mr. and Mrs. Morrow to purchase Lot 33 outside the public auction process pursuant to
ORS 275.180. (See attached staff memo). 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 at the
rate of six percent per annum from Tax Deed recording date. The commissioners
agreed that the Morrows could pay that amount plus taxes that would have been
assessed during the county's ownership to purchase Lot 33.
The statute provides that the county must convey to the former owner, in this case Mr.
and Mrs. Escobedo. Mr. and Mrs. Morrow have obtained a quitclaim deed from the
Escobedos. They will record it after they record the quitclaim deed from the county to
the Escobedos. County Counsel advised that one way to resolve the issue of accepting
funds from a party other than the former owner is to have the Escobedos authorize the
county to accept funds from the Morrows. That authorization is attached.
Agreement Starting Date: IUpon signatur~ Ending Date: NI
5/20/2013
enalties and
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 !Xl 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 #: 385-1414
Department Director Approval: ~--
SiQf1itUre
c;laD ,1 r;)O '?
Date
Distribution of Document:
Original to Teresa Rozic to coordinate payment and recording.
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. ____----1)
Legal Review Date
Document Number 2013-265
5/20/2013
After recording return to and
send tax statements to:
Joe Escobedo and Nellie J. Escobedo
4129 E. Meadow Ave.
Visalia, CA 93292-3513
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
QUITCLAIM DEED
DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, Grantor, releases
and quitclaims to, JOE ESCOBEDO and NELLIE J. ESCOBEDO, Grantee, all of Grantors' right, title
and interest in and to real property described as:
Lot 33, Block 58, DESCHUTES RIVER RECREATION HOMESITES UNIT 9, PART 2,
Deschutes County, Oregon;
Together with a 11696 interest as tenants in common in the following parcels:
Parcel 1: Lot 1, Block 58, Deschutes River Recreation Homesites, Inc.
Parcel 2: Lot 108, Block 53, Deschutes River Recreation Homesites, Inc.
The true consideration for this conveyance is $3,566.87.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301
AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO
9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS
2010.
Dated this __ day of ______, 2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
REVIEWED
LEGAL COUNSEL
ALAN UNGER, CHAIR
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEBONE, Commissioner
State of Oregon )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared ALAN UNGER, TAMMY BANEY, and ANTHONY
DEBONE, the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this __day of ______, 2013.
Notary Public for Oregon
My Commission Expires: ________
DC 2013 265
v
Property & Facilities Department
Susan C. Ross, Director
14 NW Kearney Street. Bend. OR
P.O. Box 6005 . Bend . OR 97708-6005
MEMORANDUM (541) 388-6594 • Fax : (541) 317-3168
www.co .deschutes .or.us
TO : Susan Ross
FROM : Teresa Rozic
DATE: April 10, 2013
RE: Morrow Request to Repurchase -Work Session
Keith and Kathleen Morrow ask that they be allowed to repurchase property
taken by Deschutes County for non-payment of property taxes . They believe that
they purchased the property in 1997, with other property, and that they have
been paying taxes on it since then. The Morrows own lots east and west of the
lot in question .
A lot line adjustment in 1994 (Escobedo) consolidated Lots 32 and 33,
Deschutes River Recreation Homesites, into a single one-acre taxlot with a
single tax account number. The Morrows believe they purchased the one-acre
lot from Escobedo in 1997. Only Lot 32 was described in the deed. That
conveyance triggered the Assessors Office to create a new taxlot and tax
account for Lot 33 and to begin assessing taxes to the former owner, Escobedo.
The Escobedos moved to another state after they sold the property; they never
got notice of the foreclosure . Deschutes County took title by Tax Deed dated
February 23, 2006 .
Staff recommends the Board of County Commissioners allow the Morrows to
repurchase Lot 33 pursuant to ORS 275.180, for the amount of taxes and interest
accrued to the date of the Tax Deed with interest of six percent per annum (less
than $2,000).
• The Morrows have owned Lot 34 since 1983 and over time have acquired
Lots 36, 35 and 32. There is nothing on the ground to indicate the lot
lines .
• The Morrows were aware of the lot consolidation when they bought from
the Escobedos. They had no reason to question the single tax statement
with a single tax account for what they thought was the Escobedo land.
Quality Services Performed with Pri de
• We have a letter from the Escobedos, stating their intention to sell Lots 32
and 33 to the Morrows.
• We have a letter from AmeriTitle, stating that they will not take
responsibility for the incorrect legal description because the request was
for a title report for Lot 32 only.
• Offering Lot 33 for sale at public auction would not be fair to the Morrows.
If someone bought the lot, it would break up the block they have put
together since 1983.
.-----------
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Morrow Request To Repurchase
-
After recording, return to: (Space Reserved for Recorder's Use)
Terrence B. O'Sullivan
Merrill O'Sullivan, LLP
805 SW Industrial Way, Ste. 5
Bend, OR 97702
Until a change is requested,
send tax statements to:
Keith &Kathleen Morrow, Trustees
Morrow Living Trust UDT 3/15/1991
PO Box 3023
Sunriver, OR 97707
STATUTORY QUITCLAIM DEED
JOE ESCOBEDO and NELLIE J. ESCOBEDO, Grantor, releases and quitclaims to
KEITH EPHRIAM MORROW, TRUSTEE AND KATHLEEN MARIE MORROW, TRUSTEES
OF THE KEITH & KATHLEEN MORROW LIVING TRUST DATED MARCH 15, 1991.
Grantee, all of Grantor's right, title and interest in and to the following described real property
lot 33, Block 58, DESCHUTES RIVER RECREATION HOMESITES, UNIT 9, PART 2,
Deschutes County, Oregon;
Together with a 1/696 interest as tenants in common in the following parcels:
Parcel 1: lot 1, Block 58, Deschutes River Recreation Homesites, Inc.
Parcel 2: lot 108, Block 53, Deschutes River Recreation Homesites, Inc.
Tax Account No. 116698
The true and actual consideration for this transfer is: $24,000 (Includes other
property).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS. IF ANY. UNDER ORS 195.300. 195.301 AND 195.305
TO 195.336, AND SECTIONS 5 TO 11, CHAPTER 424. OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009. AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL. TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336, AND SECTIONS 5 TO 11. CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9
AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2TO 7. CHAPTER 8, OREGON LAWS 2010.
MERRILL O'SULLIVAN, LLP
ATTORNEYS AT LAW
805 SW INDUSTRIAL WAY. SUITE 5
BEND. OR 97102 Statutory Quitclaim Deed Page 1
W:\TOSIRLE\I-MlMorrow-Desch CoIQuilcJaim Escobido to Morrow.doc
By execution of this instrument, Grantor certifies that he/she is not a "foreign personu
as that term is defined in the Internal Revenue Code, Section 1445.
DATED: ±3~o~___ , 2013
DATED: _1_~,,3_0____1 2013
STATE OF CALIFORNIA; County of TetLA({e. : S5.
On .3 t> APR' '-,2013, personally appeared before me the a~enamed
Joe Escobedo and acknowledged the foregoing instrum t4 . ary act.
STATE OF CALIFORNIA; County of ..Tv....,U'tE....L.:....R=-c=-.,___:ss.
On 3t2 API{It... __, 2013, personally appeared before me the above named
Nellie J. Escobedo and acknowledged the foregoing instrument to be her volunt
CRAIG E. FROMME
... Commission II 1873298
~ Notary Public -California ~
Z Tulare County aJ. ., y .... M! ~o~n; ;x~r:ta2U'J~1~
Statutory Quitclaim Deed
MERRILL O'SULLIVAN, LLP
i>,TTORNEYS AT tAW
805 SW iNDlJSTRIAl WA'(. SUiTE 5
SEND, OR !l771)2
Page 2
W:\TOSIRlElI-MlMorrow-Desch Co\Qullclaim Esrobido to Morrow de<.
April 29, 2013
JOE ESCOBEDO
NELLIE J ESCOBEDO
4129 E MEADOW AVE
VISALIA CA 93292-3513
DESCHUTES COUNTY
PROPERTY & FACILITIES DEPT
ATTN: TERESA ROZIC
PO BOX 6005
BEND, OR 97708-6005
Re: Lot 33, Block 58, DESCHUTES RNER RECREATION HOMESITES, UNIT 9 PART 2
Keith and Kathleen Morrow
Dear Ms Rozic:
This letter authorizes Deschutes County to record the original of that Quitclaim Deed pertaining
to the above property, a copy of which is enclosed for you reference.
Deschutes County is authorized to accept all payments pertaining to the above property from
Keith and Kathleen Morrow, individually or as trustees of the Keith and Kathleen Morrow
Family Trust.
Thank you for your cooperation.
Very truly yours,
Nell~~
Enclosure(s)