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HomeMy WebLinkAboutDoc 616 - Doc 575 - Appt Successor TrusteeDeschutes 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 December 3, 2013 Please see directions for completing this document on the next page. DATE: November 12, 2014 FROM: James Lewis Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Signature by the Board of Document 2014-616, an Appointment of Successor Trustee; and authorization of County Legal Counsel for Signature of Document 2014-575, a Deed of Reconveyance. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: At public auction May 16, 2012, Jill Armstrong, who took title as JV A Enterprises, was declared successful bidder for property commonly known as 2170 NW 105 th Court, Redmond. Deschutes County offered financing for the transaction and Ms. Armstrong signed a Promissory Note and Trust Deed. On September 8,2014, the County Finance Department advised us that Ms. Armstrong has paid the balance owing in full as of September 5, 2014 and has requested a Deed of Reconveyance. At the time the original Promissory Note and Trust Deed were signed by Ms. Armstrong, the Trustee on behalf of Deschutes County as the Beneficiary was Mark Pilliod, Deschutes County Legal Counsel (who has since left that position). As a result, in order to complete the reconveyance, the Board must appoint a Successor Trustee. The attached documents include a standardized form which appoints the current Deschutes County Legal Counsel, David Doyle, as the Successor Trustee. Upon appointing Mr. Doyle, as Deschutes County Legal Counsel, as the Successor Trustee, the Board can then authorize Mr. Doyle to sign the Deed of Reconveyance. FISCAL IMPLICATIONS: Total received is $85,103.05. RECOMMENDATION & ACTION REQUESTED: Staff recommends Board appoint David Doyle, Deschutes County Legal Counsel, as the Successor Trustee, and then authorize County Counsel to sign the Deed of Reconveyance as Trustee. ATTENDANCE: James Lewis DISTRIBUTION OF DOCUMENTS: Original to James Lewis for recording with the County Clerk and transmittal to Ms. Armstrong. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn 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 Fonn is also required. If this fonn is not included with the document, the document will be retumed 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 fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 111/12/20141 Department: IProperty & Facilitie~ Contractor/Supplier/Consultant Name: ~ Contractor Contact: INIAl Contractor Phone #: INIAl Type of Documents: Appointment of Successor Trustee and Deed of Reconveyance Goods and/or Services: NIA Background & History: At public auction May 16, 2012, Jill Armstrong, who took title as JVA Enterprises; was declared successful bidder for property commonly known as 2170 NW 105th Court, Redmond. Deschutes County offered financing for the transaction and Ms. Armstrong signed a Promissory Note and Trust Deed. On September 8, 2014, the County Finance Department advised us that Ms. Armstrong has paid the balance owing in full as of September 5,2014 and has requested a Deed of Reconveyance. At the time the original Promissory Note and Trust Deed were signed by Ms. Armstrong, the Trustee on behalf of Deschutes County as the Beneficiary was Mark Pilliod, Deschutes County Legal Counsel (who has since left that position). As a result, in order to complete the reconveyance, the Board must appoint a Successor Trustee. The attached documents include a standardized form which appoints the current Deschutes County Legal Counsel, David Doyle, as the Successor Trustee. Upon appointing Mr. Doyle, as Deschutes County Legal Counsel, as the Successor Trustee, the Board can then authorize Mr. Doyle to sign the Deed of Reconveyance. Agreement Starting Date: IUpon signaturij Ending Date: INIAl Annual Value or Total Payment: @85,103.051 N/A o Insurance Certificate ReCeiVjd (ChjCk box) Insurance Expiration Date: N/A Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (speCify -see DCC §2.37) N/A 11118/2014 ___ Funding Source: (Included in current budget? DYes D No If No, has budget amendment been submitted? DYes D No 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: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: James Lewis Phone #: 541-385-1414 11 /~L--- Department Director Approval: --tt~,--"-,,,=--I_v _____ Signature Distribution of Document: Original to James Lewis for recording with the County Clerk and transmittal to Jill Armstrong. Official Review: County Signature Required (check one): X BOCC 0 Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____) Legal Review Date Document Numbers 2014-575 and 2014-616 1111812014 FORM No. 883 -APPOINTMENT OF SUCCESSOR TRUSTEE. © 191!8-2013 STEVENS-NESS LAW PUBLISHING CO, PORTLAND, OR www.stevensness.com STEVENS-NIESS FORM MAY BE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. APPOINTMENT OF SUCCESSOR TRUSTEE _,lYAA~J;_~~p~,t~~.~.I~£~__ .___ ..... ______ . _______ _ _l~A~2._.Q~_U_~Q__'R.2~.4 ________ .___________ ... ________ _ __B~n~t~_QK __ iU.9_~________ .. _. _____________ ....... ____ _ Grantor's Name and Address _Mark_Pilli.Q~-.De.s.,,__ C_Q .. __L_~g..C!l__ C_Qll_J;l.sJ~l .. .E..'O.__B..QK._6_00.5 __________________________________ _ SPACE RESERVED _.Ben~-'OR.__.9.1_IO_8':"_6.00.5______ .. FOR Trustee's Name and Address RECORDER'S USE _De.s.chu.te.s.__COJlaty-... ----------------------------­ _.E..'O ..__ B..Qlc6Q0.5 _________,.. ________ . _______________ _ _.Bend...._.DR __.9.7.I08::-_60_05.._____ ....._____________ _ Beneficiary's Name and Address Attar recording, return to (Name and Address): ..De.s.chl.tte.s...COJJaty--PXO.ll~X.t:_Y--~-I?-~j"U.ti s _.E._O.L_B.QK _6_00.5. ___ .________ ._______________ .___ __ .Bend.___ .OR __.9.1.IO_8::-_60Q5_____._. _______________ _ KNOW ALL BY THESE PRESENTS that _J'ilA_E.nt.e:r..Rxi.s.e.a_J_n.c_........a:!;].__QxegQILkQ.r..1l.9-:r~UgIL-----.--_____ . ..._________ ... _________ . ____ . ______________ is the grantor, ..M.ar.k_.l'i..1lio_d-,__DJ;S_cbJlt.~s__CQuntY-.L.~ga.l-.kQ!!I).$J~l.--­ is the trustee, and _D.e.achu.t:_es__ Cm,m.t:_y-,--a __ P-Ql.it-i.c-.!:!J--S!!1:>J1;tyj.'§'!QI).--Q.I. . ..the_StAt.e._uL.O:r:.egon ___________ is the beneficiary under that certain trust deed dated .J1HHL.2.L.....2.0J_2_______________ , recorded on __..lune_.2~~_.2O'l2. _________ . _________ , in 0 book 0 reel:xlXl volume No. __2.012. ______ on page _.239_85_____, and/or as 0 fee 0 file 0 instrument 0 microfilm 0 reception No. of the Records of J1Es~bJlt~s __________ _ _______________________________. ___ County, Oregon. The undersigned, who is the present beneficiary under the trust deed, desires to appoint a new trustee in the place and stead of the original trustee named above. NOW, THEREFORE, the undersigned hereby appoints __ naY.id_nQy~e_.. _.D.e..s.c.h:u_te.s.~_Co_lJ.Itty~-L.e.g..al--CQuns~l.~­ whose address is ___1J.O'O'_NW__W.a.l.l_.£t.J:.~~t.i.__s.~.i1::~~2.Q2L.:e~'Q.QL_Q.R~~_'l]_IQL~_________.~~._______ ~~.____ , Oregon, as successor trustee under the trust deed, to have all the power of the original trustee, effective immediately. * In construing this instrument, where the context so requires, the singular includes the plural, the words "trustee," "grantor" and "beneficiary" include their respective successors in interest, if any, and all grammatical changes shall be made so that this instru­ ment shall apply equally to businesses, other entities and to individuals. IN WITNESS WHEREOF, the undersigned beneficiary has executed this instrument on any signature on behalf of a business or other entity is made with the authority of that entity. Deschutes County Board of Commissioners Tammy Baney, Chair Tony DeBone, Vice-Chair Alan Unger, Commissioner STATE OF OREGON, County of SS. This instrument was acknowledged before me on __________________ ~ ..__________________ ~~______ , by ____.______ ~_ This instrument was acknowledged before me on by .~____ . __ . __ ..____ . _______________________________________________ . _____ ~______________________ ~_____ _ as . ________________ ._~____________ ________ ___________ ______..________ .~._________ __ ___________~ ~ ._~~ ~ ~ _ of _. ______________..~__________ ~__________ ~____ . ______ ~_.___~.____ ._~_.______ ~._~.~_____ . _____________ .. Notary Public for Oregon My commission expires ______ ~_ ._______ ~~~. _______ ~~_~_______ ~.~ 86.105(6) and 86.190 for trustee qualifications. REVIEWED LEGAL COUNSEL For Recording Stamp Only AFTER RECORDING MAIL TO: JVA Enterprises 19425 Calico Rd. Bend, OR 97702 DEED OF RECONVEYANCE KNOW ALL MEN BY THESE PRESENTS: that the undersigned Trustee under that certain Trust Deed: Dated: June 21,2012 Recorded: June 21,2012 Instrument No.: 2012-23985 Official Records of: Deschutes County Grantor: JVA Enterprises, Inc. Original Trustee: Mark Pilliod, as Deschutes County Legal Counsel Successor Trustee: David Doyle, as Deschutes County Legal Counsel Beneficiary: Deschutes County, Oregon having received from the beneficiary under said Trust Deed a written request to reconvey said premises, reciting that the obligation secured by said Trust Deed has been fully paid and performed, does hereby grant, bargain, sell and convey, but without any covenant or warranty, express or implied, to the person or persons legally entitled thereto, all of the estate held by the undersigned in and to that described premises by virtue of said Trust Deed. Dated this ___of _______, 2014 DESCHUTES COUNTY, OREGON David Doyle, Deschutes County Legal Counsel STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was acknowledged before me on ______, 2014 by David Doyle, County Legal Counsel, Deschutes County, Oregon. Notary Public for Oregon My Commission Expires: _____ Document No. 2014-575 DC 2 0 14 ... 5 ( ~~