HomeMy WebLinkAboutDoc 530 - Quitclaim Deed to COICDeschutes 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 October 21, 2013
Please see directions for completing this document on the next page.
DATE: October 11, 2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2013-530, a Quitclaim Deed to Central Oregon
Irrigation District.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
As part of the Hwy 97 reroute through Redmond, Oregon Department of Transportation (ODOT),
Pacific Power (PP), and Central Oregon Irrigation District (COID) entered into an agreement to relocate
a PP substation. COID agreed to allow the substation to encroach about 20' of their 100' -wide right of
way. ODOT staff recently discovered that Deschutes County owns the property in question, not COID,
and asked the county to consider conveying the strip to PP.
Deschutes County acquired the property in question and another 100' -wide strip by Tax Deed in 2007.
At their work session August 5, 2013, the board decided that conveying the strips to COID is in the
public interest. They directed staff to contact the irrigation district. Staff confirmed that COID would
accept the two strips because they are part of their Main Canal right of way.
ORS 271.330 authorizes counties to convey property for public purposes. These transfers for public
purposes may include transfers without consideration (payment) of property held by counties as a result
of tax foreclosures. Before the board of county commissioners may transfer tax foreclosed property
under this section, notice must be given to the public. That notice was published in the Bend Bulletin
on Monday September 30 and Monday October 7, 2013.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Open public hearing to hear any objections to the transfer. If there are none, staff recommends board
signature of Document 2013-530.
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: [October 11, 2013 Department:
Property & Facilities
Contractor/Supplier/Consultant Name: r&entral Oregon Irrigation District
Contractor Contact:
Jeremiah Fender
Type of Document: Quitclaim Deed
Goods and/or Services: N/A
Contractor Phone #:
541-504-7581
Background & History: As part of the Hwy 97 reroute through Redmond, Oregon
Department of Transportation (ODOT), Pacific Power (PP), and Central Oregon
Irrigation District (COID) entered into an agreement to relocate a PP substation. COID
agreed to allow the substation to encroach about 20' of their 100' -wide right of way.
ODOT staff recently discovered that Deschutes County owns the property in question,
not COID, and asked the county to consider conveying the strip to PP.
Deschutes County acquired the property in question and another 100' -wide strip by Tax
Deed in 2007. At their work session August 5, 2013, the board decided that conveying
the strips to COID is in the public interest. They directed staff to contact the irrigation
district. Staff confirmed that COID would accept the two strips because they are part of
their Main Canal right of way.
ORS 271.330 authorizes counties to convey property for public purposes. These
transfers for public purposes may include transfers without consideration (payment) of
property held by counties as a result of tax foreclosures. Before the board of county
commissioners may transfer tax foreclosed property under this section, notice must be
given to the public. That notice was published in the Bend Bulletin on Monday
September 30 and Monday October 7, 2013.
Agreement Starting Date:
Upon signature[ Ending Date:
Annual Value or Total Payment:
-0-
N/A
Insurance Certificate Received (check box)
Insurance Expiration Date: L
N/A
N/A
Check all that apply:
RFP, Solicitation or Bid Process
fl Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
9/18/2013
N/A
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ 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: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic
Department Director Approval:
Phone #: 541-385-1414
Signature Date
Distribution of Document: Original to Teresa Rozic
Official Review:
County Signature Required (check one): El BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review 717-7 tic 4 f) Date /) ! (--
Document
_-Document Number 2013-530
9/18/2013
r:7tgI'4.
LEGAL COUNSEL
After recording return to and
send tax statements to:
Central Oregon Irrigation District
1055 SW Lake Ct.
Redmond, OR 97756
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 CENTRAL OREGON IRRIGATION DISTRICT, Grantee, all of Grantors' right, title
and interest in and to two parcels of real property, described as:
Situate in the County of Deschutes, State of Oregon, described as follows:
All that portion of the strip of land designated as "Deschutes Irrigation and Power Company's
Canal" shown on the plat entitled "Plat of the Townsite of Redmond" lying south of the
northerly right of way line of E Street, now known as Evergreen Avenue.
(Serial No. 197197; 151316 -AD -00099)
All that portion of the west half of the Pilot Butte Canal lying within the SE 1/4 of the SE 1/4,
Section 20, T15S, R13E, WM., lying at right angles to and easterly of Lots 1 and 2, Block 2,
Windrow Acres, and Lots 1, 2, 3, 5, and 6, Lone Juniper Estates, the northern most boundary
being the easterly prolongation of the northern line of Lot 1, Block 2, Windrow Acres and the
southern most boundary being the south quarter section line of said SE'/ of the SE 1/4 .
(Serial 195889; 151320 -DD -00199)
In the event that the Grantee or any successor to the Grantee shall fail to use said property for public
purposes, the property hereby conveyed shall revert to the Grantor, without any act on its part and
this conveyance shall thereupon be without force or effect.
The true consideration for this conveyance is $0.00; however other value is the whole consideration.
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, CH. 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
SIGNATURE PAGE FOLLOWS
DC 2013-530 1
OC -2013-530
Dated this day of , 2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Alan Unger, Chair
ATTEST: Tammy Baney, Vice -Chair
Recording Secretary
STATE OF OREGON )
) ss.
County of Deschutes )
Anthony DeBone, Commissioner
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
DC 2013-530 2
My Commission Expires:
W23RDSf
SW-VOL--CANO•AVE.
SW UMATILLAAVE
—SW -17TH -PL
SW kER[1• N
/ /
/ /
ib
syylc
19GA
R1fi
e
z
WANTLER AVE
i
NW STH-ST
NW2Np-ST
SW BLACK BUTTE BL• VD
i—
N
u)
SW-DESGHUIESAVE
151: 6AB12800
1513' 6AB10800
SW CASCADE AVE
SW 2Nb•ST
51316A06530
r~n
z
to
'-SW'GLACIER'AVE
SW`IALAMAAVE
SW-HIGHL•ANB9 AVE
SW.
1
SW -FOREST AVE T
SW -EVERGREEN -AVE
1'
151
E ANTLER AVE
Z."
4
C7--SE-DESCHUES•AVE
ei
C1
Cry
i
SE -EVERGREEN -AVE
co
SE -GLACIER -AVE
UNIPER AVE
I ��