HomeMy WebLinkAboutDocs 195-196-200 - 212 - Deeds - Lot Line AdjustmentDeschutes 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: J ames Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Documents 2014-195, 2014-196, Bargain and Sale Deeds, and
2014-200, Acceptance of Real Property.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The attached acceptance and conveyance of real property is a result of a lot line adjustment authorized
by Deschutes County on December 13, 2013 under File No. LL-13-54 (see attached drawing). The
authorized adjustment is between two adjoining properties owned individually by Deschutes County
and by the Laura Ann McCallum Trust. The overall adjustment includes conveyances of a portion of
each property to the other, and subsequently are-conveyance ofthe now legally adjusted parcels back
to the same owner. The property owned by Deschutes County, which was originally 40 acres in area,
will remain 40 acres after the deeds are recorded and the lot line adjustment is completed, but with an
adjusted configuration.
FISCAL IMPLICATIONS:
There is no consideration for this adjustment. This is a straight-across exchange ofproperty per the lot
line adjustment.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Documents 2014-195, 2014-196 and 2014-200.
ATTENDANCE: J ames Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
o Conveyed by Deschutes County to Laura Ann McCallum Trust
Accepted by Deschutes County from Laura Ann McCallum Trust
Application Map for Boundary Adjustments
Tracts of land situated in Sec. .30 and .31
T14S R11£, W.M.
Deschutes County, OR
Tax Lots 4800 (portion) and 5200
Map 14-11
-:i
"20) 1-2
' g 1 _
", ~. prppoud Troel B
~u ! Proposed
Lot 1 !/ Lot 1 of /.R-IJ-I
e E .., Trad A
of LR-IJ-I ~ Portion of TI7. Lot 4800
1 85.9 ac. _ater ri9htQ I-" ~ 2 .7 acres C!
1No water ~
ri9ht~
Prooolld Tlpe( A
For. Lot 2 of LR-IJ-J
2.7«.
No _at... r/vhtAL«2
II!
1 (s.. Detail)
of LR-IJ-IDetail 1 PropOlled AdjustmentTract A , ,r--~~y(see Detail)
"\ prqpo.ed ~C
Porilon of Lot 2 and Lot J
TOll Lot 200 of LR-IJ-I
Porilon of TOll Lot 04600
Propo"d r DIL:atw right 'f-"~'
Tax Lot ~
I" -1000'
Area Summary
Proppnd 7)=.ct A
Pori/on of Tolt Lot 4800
8.fore adjustment: 40 oc
26.4 ocre. water right (Ceri/flcate 74135)
After adjustment: 2 .7 oc
No water rights
frqRp.ed 7Tact B
Poriion Tolt Lot 4800
Before odJu5lment : 120 oc
85.9 acres water rights (Cerilflcot. 74135)
After rxljustm.nt: J20.0 oc
102.6 acres water rights (Certificate 74135)
PrPllp'.d fugt C
Poriion Tax Lot 4800
Before rxlJulltment: 199.1 oc
160.3 acres water rights (Cerilfieoh, 74135)
After adju.lfnent: 236.4 ac
(~ua/-oreo adjustment with Tl 5200, and an
addition of 37.3 acres from Lot 2 of LR-I 3 -1)
170.7 acres w"ter rights (C"riffieote 74135)Detail
Adjustment D to C Propo,.d tract D
Tax Lot 5200
Befors adjustment: 40.0 oc
200 o 400 600 0.7 acres water righte (Ceri/flcote 741J5)•• • • • _7,,"r:ll __••••• __ ~r:--=-:::L!.l After adjPJStment: 40.0 ac
GRAPHIC SCALE -FEET No wafm' rights
Proposed Tract D
TL 5200
Owned by
Deschutes County
I
~ •I~
1
,
EXHIBIT A
After recording return to:
Deschutes County
Attn.: Susan Ross, Director
Property and Facilities Department
P.O. Box 6005
Bend, OR 97708-6005
Until a change is requested, all tax
statements shall be sent to the following
address:
No Change Requested
BARGAIN AND SALE DEED
LAURA ANN MCCALLUM, TRUSTEE, OR HER SUCCESSORS IN INTEREST OF
THE LAURA ANN MCCALLUM TRUST DA TED JULY 14, 2008, and any amendments
thereto, Grantor, conveys to DESCHUTES COUNTY, a political subdivision of the State of
Oregon, Grantee, the following described real property in Deschutes County, Oregon described
in EXlDBIT A, attached and incorporated by reference herein.
This conveyance is authorized by a property line adjustment approved by Deschutes
County on December 13, 2013 in a decision issued in File No. LL-13-54. The decision approves
an adjustment of the common boundary lines of Tax Lot 5200, Assessor's Map 14-11-00 owned
by Deschutes County and a legal lot of record referred to as Lot of Record 3 in LR-13-1 owned
by Grantor. The decision for the property line adjustment was approved subject to conditions of
approval. The conditions require that deeds be recorded to convey each new parcel in its
adjusted configuration. I
This deed conveys to Grantee the part of Grantor's property that must be conveyed to
Grantee to allow Grantee to create one of the adjusted lots approved in LL-13-54. This deed is
an interim step in the process of complying with the conditions of approval of LL-13-54 and
does not create a new lot or parcel of the area conveyed by EXHIBIT A. Rather, this deed will
be recorded immediately prior to the recording of deeds that will describe the parcels approved
in LL-13-54 in their final configurations.
The true consideration for this conveyance is zero dollars.
This Property Line Adjustment is exempt from the requirement of filing a survey, as all
lots will exceed 10 acres in size following this Property Line Adjustment. ORS 92.060(8).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
Page 1 of2 -Interim Deed for Tax Lot 5200
DC 2014 -200
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, AND 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 TIlE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING TIDS INSTRUMENT, TIlE PERSON
ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD CHECK WITH TIlE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT TIlE
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 TIlE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT TIlE 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, AND 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 ___-', 2014.
LAURA ANN MCCALLUM TRUST DATED
JULY 14,2008, and any amendments thereto
By:____________
Laura Ann McCallum, Trustee
STATE OF OREGON )
) 5S.
COUNTY OF DESCHUTES )
This instrument was acknowledged before me on ,2014 by Laura
Ann McCallum, Trustee, for the Laura Ann McCallum Trust dated July 14, 2008, and any
amendments thereto.
Notary Public Print Name _______________________
My commission expires ___________
(Use this space for notarial stamp/seal)
Page 2 of2 -Interim Deed for Tax Lot 5200
Legal Description
McCallum to Deschutes County
A tract of land situated in the Southwest Quarter of the Northeast Quarter of Section 31,
Township 14 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon,
being more particularly described as:
Beginning at the Center Quarter Comer of said Section; thence, along the east line of the
Southeast Quarter of the Northwest Quarter of said Section, NOoo28'38"E, 989.46 feet to
a point; thence, leaving said east line, S43°17'05"E, 70.76 feet to a point; thence
SOoo28'38"W, 938.25 feet to a point on the east-west centerline of said Section; thence,
along said centerline, N89°39'06"W, 48.94 feet to the point of beginning.
Containing 1.08 acres, more or less.
Subject to and together with all rights-of-way and easements of record.
Basis of bearings is S00028'38"W on the north-south center line of said Section 31, per
CS 17963 by PLS 1652, filed April 10, 2009 with the Deschutes County Surveyor.
EXHIBIT A
REVIEW~
L 'GAL COUNSEL
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does
hereby accept the foregoing Statutory Bargain and Sale Deed from the Laura Ann
McCallum Trust, document 2014-200, pursuant to ORS 93.808 .
DATED this __day of ________--', 20__
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
DC 2 0 14· - 2 12..
After recording return to:
Laura Ann McCallum Trust
Attn.: Laura Ann McCallum
69401 Goodrich Road
Sisters, OR 97759
Until a change is requested, all tax
statements shall be sent to the following
address:
No Change Requested
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor,
conveys to LAURA ANN MCCALLUM, TRUSTEE, OR HER SUCCESSORS IN INTEREST
OF THE LAURA ANN MCCALLUM TRUST DATED JULY 14,2008, and any amendments
thereto Grantee, the following described real property in Deschutes County, Oregon described in
EXHIBIT A, attached and incorporated by reference herein.
lbis conveyance is authorized by a property line adjustment approved by Deschutes
County on December 13, 2013 under File No. LL-13-54. The decision for the property line
adjustment was approved subject to conditions of approval. The conditions require that deeds be
recorded to convey each new parcel in its adjusted configuration, a property line adjustment
between parcels identified on Deschutes County Assessor's Map 14-11-00 as Tax Lot 5200
("Lot 5200") and a part of Tax Lot 4800 ("Lot 4800 (part)") situated in Deschutes County,
Oregon.
This deed conveys to Grantee the part of Grantor's property that must be conveyed to
Grantee to allow Grantee to create one of the adjusted lots approved in LL-13-54 by combining
these parts of Lot 4800 (part) and Lot 5200. lbis deed is an interim step in the process of
complying with the conditions of approval of LL-13-54 and does not create a new lot or parcel of
the area conveyed by EXHIBIT A. Rather, this deed will be recorded immediately prior to the
recording of deeds that will describe the parcels approved in LL-13-54 in their final
configurations.
The true consideration for this conveyance is zero dollars.
lbis Property Line Adjustment is exempt from the requirement of filing a survey, as all
lots will exceed 10 acres in size following this Property Line Adjustment. ORS 92.060(8).
BEFORE SIGNING OR ACCEPTll\JG THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
Page 1 of2 -Interim Deed for Tax Lot 4800 (part)
DC 20 -1 9 5
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LA WS 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 LA WFULL Y 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, AND 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 ___-', 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 ______
My Commission Expires:
Notary Public for Oregon
Page 2 of2 -Interim Deed for Tax Lot 4800 (part)
Legal Description
Deschutes County to McCallum
A tract of land situated in the Southeast Quarter of the Northwest Quarter of Section 31,
Township 14 South, Range II East, Willamette Meridian, Deschutes County, Oregon,
being more particularly described as:
Beginning at a 5/S" iron rod at the northeast comer of the Southeast Quarter of the
Northwest Quarter of said Section, thence, along the north-south centerline of said
Section, SOoo2S'38"W, 336.94 feet to a point; thence, leaving said centerline,
N39°18'41"W, 437.44 feet to a point on the north line of the Southeast Quarter of the
Northwest Quarter of said Section; thence, along said north line, SS9°41' 14"E, 279.94
feet to the point of beginning.
Containing 1.0S acres, more or less.
Subject to and together with all rights-of-way and easements of record.
Basis of bearings is Sooo28'38"W on the north-south center line of said Section 31, per
CS17963 by PLS 1652, filed April 10, 2009 with the Deschutes County Surveyor.
EXHIBIT A
After recording return to:
Deschutes County
Attn.: Susan Ross, Director
Property and Facilities Department
P.O. Box 6005
Bend, OR 97708-6005
Until a change is requested, all tax
statements shaD be sent to the following
address:
No Change Requested
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor,
conveys to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, the
following described real property in Deschutes County, Oregon described in EXHIBIT A,
attached and incorporated by reference herein.
This conveyance is authorized by a property line adjustment approved by Deschutes
County on December 13,2013 under File No. LL-13-54. The decision for the property line
adjustment was approved subject to conditions of approval. The conditions require that deeds be
recorded that convey each new parcel in its adjusted configuration, a property line adjustment
between parcels identified on Deschutes County Assessor's Map 14-11-00 as Tax Lot 5200
("Lot 5200") and a part of Tax Lot 4800 ("Lot 4800 (part)") situated in Deschutes County,
Oregon.
A part of Tax Lot 4800 (part) has been conveyed to Grantor by Laura Ann McCallum,
Trustee, or her successors in interest of the Laura Ann McCallum Trust Dated July 14, 2008, and
any amendments thereto, for the purpose of being conveyed in this deed with most of Tax Lot
5200 to create Tract D, one of the adjusted lots approved by LL-13-54.
The true consideration for this conveyance is zero dollars.
This Property Line Adjustment is exempt from the requirement of filing a survey, as all
lots will exceed 10 acres in size following this Property Line Adjustment. ORS 92.060(8).
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, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. TillS
Page I of2 -Final Deed for Tax Lot 5200 (Tract D)
o 20 4
INSTRUMENT DOES NOT ALLOW USE OF TIlE 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 WITII 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 TIlE 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, AND 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 ____, 2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTIIONY 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 ______
My Commission Expires:
Notary Public for Oregon
Page 2 of2 -Final Deed for Tax Lot 5200 (Tract D)
Legal Description
Tract D, LL 13-54
The Southeast Quarter of the Northwest Quarter of Section 31, Township 14 South,
Range 11 East, Willamette Meridian, Deschutes County, Oregon, together with the
following:
Beginning at the Center Quarter Comer of said Section; thence, along the east line of the
Southeast Quarter of the Northwest Quarter of said Section, NOo028'38"E, 989.46 feet to
a point; thence, leaving said east line, S43°17'05"E, 70.76 feet to a point; thence
S00028'38''W, 938.25 feet to a point on the east-west centerline of said Section; thence,
along said centerline, N89°39'06"W, 48.94 feet to the point of beginning
And excepting therefrom the following:
Beginning at a 5/8" iron rod at the northeast comer of the Southeast Quarter of the
Northwest Quarter of said Section, thence, along the north-south centerline of said
Section, S00028'38"W, 336.94 feet to a point; thence, leaving said centerline,
N39°18'41 lOW, 437.44 feet to a point on the north line of the Southeast Quarter of the
Northwest Quarter of said Section; thence, along said north line, S89° 41 ' 14 "E, 279.94
feet to the point of beginning. .
Containing 40 acres gross area, more or less.
Subject to and together with all rights-of-way and easements of record.
Basis of bearings is S00028'3 8"W on the north-south center line of said Section 31, per
CS 17963 by PLS 1652, filed April 10, 2009 with the Deschutes County Surveyor.
EXHIBIT A