HomeMy WebLinkAboutDoc 325 - Quitclaim - Redeemed PropertyE
o -<(# ."c........•............•.......•......... <. '.. ~ Deschutes County Board of Commissioners
ID 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 June 26, 2013
DATE: June 4, 2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2013-325, a Quitclaim Deed to Robin Banning, et al.
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 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 18, Bend
Cascade View Estates, Tract 2, Unit 3. 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 those having an interest was to issue new notice that the redemption period would
be extended to July 1,2013.
Paul Banning, Sr., one of the heirs of the former owner, notified us that he wishes to exercise his right
to redeem the property.
ORS 275.180 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 from the date of such purchase" (the date the Tax Deed was
recorded). The amount paid by Mr. Banning for the property complies with ORS 275.180 and is an
amount equal to what he 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.
FISCAL IMPLICATIONS:
The amount of taxes, interest and fees to redeem and repurchase this property is $4,477.98.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2013-325.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic.
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: pune 5, 20131 Department: IProperty & Facilities
Contractor/Supplier/Consultant Name: ~
Contractor Contact: Contractor Phone #: NIAI
Type of Document: Quitclaim Deed
Goods and/or Services: N/A
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
18, Bend Cascade View Estates, Tract 2, Unit 3. 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 those
having an interest was to issue new notice that the redemption period would be extended to
July 1,2013.
Paul Banning, Sr., one of the heirs of the former owner, notified us that he wishes to
exercise his right to redeem the property.
ORS 275.180 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 from the date of such
purchase" (the date the Tax Deed was recorded). The amount paid by Mr. Banning for the
property complies with ORS 275.180 and is an amount equal to what he 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: \Qpon signature! Ending Date: ~
Annual Value or Total Payment: ~4,477.981
6/5/2013
N/A
D Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
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D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
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If No, has budget amendment been submitted? DYes D No I
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:
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 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: -""~fIII!I--'=--=------::====-
( Signature Date
Distribution of Document: Original to Teresa Rozic
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____)
Legal Review Date
Document Number 2013-325
6/5/2013 f
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f
N/A
Check all that apply:
N/A
Funding Source: (Included in current budget? DYes D No
REVIEWED
LEGAL COUNSEL
After recording return and send tax statements to:
Veri on Banning
clo Madelynne Sheehan
Sheehan & Sheehan LLC
33126 SW Callahan Rd
Scappoose OR 97056
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, ROBIN BANNING, VERLON BANNING, MAGGIE WHITAKER and STEVE COX,
Grantee, all of Grantors' right, title and interest in and to real property described as:
Lot Eighteen (18), BEND CASCADE VIEW ESTATES, Tract 2, recorded February 11, 1963, in
Cabinet A, Page 99, Deschutes County, Oregon.
The true consideration for this conveyance is $4,477.98.
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
ALAN UNGER, CHAIR
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEBONE, Commissioner
State of Oregon )1
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County of Deschutes
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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.
I DATED this day of , 2013.
!
1 Notary Public for Oregon
My Commission Expires: _______l
DC 2013-325 PAGE 1 OF 1