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HomeMy WebLinkAboutDoc 192 - Deed to GainsforthDeschutes 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 23, 2014 Please see directions for completing this document on the next page. DATE: April 10, 2014 FROM: James Lewis Property& Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2014-192, a Bargain and Sale Deed to Patricia M. Gainsforth. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The subject property was acquired through a tax foreclosure by Deschutes County in December 2013. Records indicate that the owner, Patricia M. Gainsforth, made a tax payment by check in the amount of $4,500 on May 15, 2013 toward the delinquent account for the subject property. This payment was incorrectly applied to another property owned by Ms. Gainsforth. Thus, the account for the subject property on Harper Road continued to reflect that it had a delinquent tax account. If the payment had been applied correctly, foreclosure proceedings would not have occurred for the Harper Road property. As a correction to this error, the attached Bargain and Sale Deed conveys the property back to Ms. Gainsforth for no consideration. Subsequently, the previously paid tax will be applied to the subject property and the foreclosure judgment will be vacated. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2014-192 ATTENDANCE: James Lewis, Property Manager DISTRIBUTION OF DOCUMENTS: Original to James Lewis. DOCUMENT NO. 2014-192 1 For Recording Stamp Only After Recording, Return To: Deschutes County Property and Facilities P.O. Box 6005 Bend, OR 97708 After Recording, Forward All Tax Statements To: Patricia M. Gainsforth 65260 Tweed Rd. Bend, OR 97701 BARGAIN AND SALE DEED DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to Patricia M. Gainsforth, Grantee, the following described real property: A Parcel of land situated in the Northwest One-quarter of the Southwest One-quarter (NW1/4SW1/4) of Section 10 (10), Township Sixteen (16) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at a brass cap at the West One-quarter corner of said Section 10; thence along the north boundary of the NW1/4SW1/4 of Section 10, North 89°48'49" East 368.96 feet; thence South 121.35 feet to the centerline of the Deschutes River; thence along said centerline, South 73°05'03" West 165.71 feet; and South 69°19'44" West 225.81 feet to the West boundary of said Section 10; thence along said West boundary, North 00°11'50" East 248.08 feet to the point of beginning SUBJECT TO all encumbrances of record and those common and apparent on the land. 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, REVIEWED ______________ LEGAL COUNSEL DOCUMENT NO. 2014-192 2 OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is: No consideration. DATED this _______ day of April, 2014. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________________________ TAMMY BANEY, Chair ATTEST: _____________________________________________ ANTHONY DEBONE, Vice-Chair ______________________________ Recording Secretary _____________________________________________ ALAN UNGER, Commissioner STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE, and ALAN UNGER, 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 ______________, 2014. _________________________________________ My Commission Expires: ___________________ Notary Public for Oregon