HomeMy WebLinkAboutDoc 295 - Quitclaim Deed - City of BendDeschutes 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 June 4, 2014
Please see directions for completing this document on the next page.
DATE: May 27, 2014
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-295, a Quitclaim Deed for approximately 600
square feet (0.013 acres) to the City of Bend.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In November 2008, the subject property was acquired by Deschutes County through a tax foreclosure
judgment and sale process by the Deschutes County Tax Collector. The property, which is
approximately 600 square feet (0.013 acres) in area lies entirely within the existing street right of way
alignment for Beall Drive in Bend (Exhibit A attached hereto illustrates the location ofthe property).
Records indicate that as land surrounding the subject property was subdivided and street right of way
was dedicated through the platting process, the subject property was not accounted for in the surveying
and recordation of the plats. As result, it remained in the ownership of the property owner who
developed the surrounding subdivision. Notwithstanding the underlying ownership, the physical
location of the property in relation to the legally dedicated street right of way for Beall Drive indicates
that it was intended to be dedicated by that owner through the previous platting processes. As result of
the omission of this dedication, Beall drive cannot be constructed through the entirety of the street
corridor to serve the surrounding development. The Quitclaim deed releases and quitclaims to the City
of Bend all of Deschutes County's right, title and interest in and to the subject property, and will allow
the City to formally dedicate the street right of way, which is entirely within their jurisdiction, and
remove any future responsibility for this property/right of way from Deschutes County.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County releases and quitclaims to the City of Bend all of
Deschutes County's right, title and interest in and to the property for other value given that is the whole
consideration.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-295
ATTENDANCE: James Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
7 -12 .-26 -Bl)
EXHIBIT A 5E1/4 NW1/4 SEC. 26 T.17S. R.12E. W.M.
DESCHUTES COUNTY
1" ::: 100'
SUBJECT PROPERTY
SEE MAP 17 12 26
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
City of Bend
c/o Legal Counsel
P.O. Box 431
Bend, OR 97709
QUITCLAIM DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, "Grantor", releases and quitclaims
to the CITY OF BEND, an Oregon municipal corporation, "Grantee", all of Grantors' right. title and interest
in and to the following described real property:
All that portion of the Northeast one quarter (1/4) of the Northwest one quarter (1/4), Section 26,
T17S, R12E, Willamette Meridian, Deschutes County, Oregon described as being the south 30
feet of said Northeast one quarter (1/4) of the Northwest one quarter (1/4), bounded on the east
by the plat of Oakview Phase IV and bounded on the west by the strip of land described in DR
179, at Page 301, Deschutes County records.
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 ii,
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.
The true consideration for this conveyance is $0.00 dollars; however, other value given is the whole
consideration.
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
MORE SIGNATURES FOLLOW
DOCUMENT NO. 2014-295 1
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
ACCEPTED BY THE CITY OF BEND
Eric King, City Manager
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on _______, by
Eric King as City Manager of the City of Bend.
Notary Public -State of Oregon
DOCUMENT NO. 2014-295 2