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HomeMy WebLinkAboutDocs 006-007 - Successor Trustee - DeedDeschutes 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 January 5, 2015 Please see directions/or completing this document on the next page. DATE: December 22,2014 FROM: James Lewis Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Signature by the Board of Document 2015-006, an Appointment of Successor Trustee; and authorization of County Legal Counsel for Signature of Document 2015-007, a Deed of Reconveyance. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: At public auction March 20, 2008, Brian and Kirsten Black were declared successful bidders for property legally described as Lot 17, Block H, Deschutes River Woods. Deschutes County offered financing for the transaction and Mr.lMrs. Black signed a Promissory Note and Trust Deed. On April 3,2014, the County Finance Department advised us that Mr.lMrs. Black have paid the balance owing in full as of March 31, 2014 and have requested a Deed of Reconveyance. At the time, the original Promissory Note and Trust Deed were signed by Mr.lMrs. Black, 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 that appoints 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 $94,315.20. 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 Mr.lMrs. Black. 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: 112/22/20141 Department: IProperty & Facilitieij Contractor/Supplier/Consultant Name: ~ Contractor Contact: ~ Contractor Phone #: ~ Type of Documents: Appointment of Successor Trustee and Deed of Reconveyance Goods and/or Services: NIA Background & History: At public auction March 20, 2008, Brian and Kirsten Black, were declared successful bidders for property legally described as Lot 17, Block H, Deschutes River Woods. Deschutes County offered financing for the transaction and Mr.lMrs. Black signed a Promissory Note and Trust Deed. On April 3, 2014, the County Finance Department advised us that Mr.lMrs. Black have paid the balance owing in full as of March 31, 2014 and have requested a Deed of Reconveyance. At the time the original Promissory Note and Trust Deed were signed by Mr.lMrs. Black, 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 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: ~ Annual Value or Total Payment: 1$94,315.201 N/A D Insurance Certificate ReCeiVjd (ChjCk box) Insurance Expiration Date: N/A Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) N/A Funding Source: (Included in current budget? DYes D No 1212312014 ___ _ 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 Department Director Approval: _-r~Io6'-___t_._(_'L---(Z./2~jlt/ II Signature date , 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 eocc 0 Department Director (if <$25K) , o Administrator (if >$25K but <$150K; if >$150K, eocc Order No. _____), 'I"··.· Legal Review Date I Document Numbers 2015-006 and 2015-007 12/23/2014 FORM No. 883 -APPOINTMENT OF SUCCESSOR TRUSTEE. © 1988·2013 STEVENS·NESS LAW PUBLISHING CO., PORTLAND, OR www.stevensness.rom APPOINTMENT OF SUCCESSOR TRUSTEE Brian Black/Kirsten Black-1-9r1S--Apa-cn-e--Ra:-----------.-----------------­ -Ifend~--(fR---97·r02-------·---------·--------··-----.. -------------·---GranIOr~-N8meaiidA.iiress ~----... ----------­ _M<J,r_1s._J~;jJJj,,9_4L_P_~§.!.__Qp_!..J:·~_g~!__Q~~!lc~~!_ P.O. Box 6005 ~~~~~~~~9~~~~~9~tIQ?~~~QQ~~~~~~~~~~~~.~~~~~~~~~~~~~~ Trustee's Name and Address _12~J?_ch'Y.tE:!J?__ G.Q~tl..!=..Y ______________________________ P.O. Box 6005 ~~~~~~~~~~~~~~~J~Q~~~QQ~~~~~~~~~~~~~~~~~~~~~~~~~~ Beneficiary's Name and Address After recording, return to (Name and Address): Deschutes County Prop. & Facilities-P:O:--Box--600S----------------------------------­ -i~end----~----97-i6-8:.-6005--------------------~.. ----­ SPACE RESERVED FOR RECORDER'S USE KNOW ALL BY THESE PRESENTS that ___~!_~~_~__~~~~!:__c:~_~_!~!.~_~~!l._~~_a.t:_~!__ !i_~~.t:.~::~__~In~-"'~-~~~'T---- .. ________________________ .. ___ ..______ .. _ IS. the grantor, Mark Deschutes -: ... _____ vounse~ ___ .. ____ __________________________________________________ Pilliod, County Lega ... ___ .. _______ ___ is the trustee, and __ J~~_!!~.h~_t:~.~__Q<?_l!I1_t:.y..__ A_J!c::>!~.!=_~~.<!!~?_~?_~~~~_~~_~~__ r:!_f _.th.e__s.tat~_o_f __Qr_e.KQIl..------------is the beneficiary under that certain trust deed dated Ap_~!.t __Z~..L_Z9_Q!L ____________ , recorded on __Aprj,1__ 2_8->-_2_QOJL __________________ , in 0 book 0 reelxe9 volume No. _2_QOJL_____ on page _1_l}?_~?______ , and/or as 0 fee 0 file 0 instrument 0 microfilm 0 reception No. __________________ of the Records of __ pE!:~_~!l_l!~_~13_________ _ . __________________________________ 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 J)?_~1-_<J_}~9)Tl__~L_])_~~_<:!l_lI:F_e.!3__ g_~~~~X._!:.~~~.J.._~c:l~Il~_~.J..__ _ ---------------------------------------.---. ---US----·---d -.. -----'-977Ur-------... ---------.-----.. ----.. --------, whose address is 1300 N. W. Wall Street, SUl.te 2 ,Ben, OR 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 Tony DeBone, Chair Alan Unger, Vice-Chair Tammy Baney, 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 _________________________________________ ORS 86.705(6) and 86.790 for trustee qualifications. I REVIEWED LEGAL COUNSEL For Recording Stamp Only AFTER RECORDING MAIL TO: Brian & Kirsten Black 19175 Apache Rd. Bend, OR 97702 DEED OF RECONVEYANCE KNOW ALL MEN BY THESE PRESENTS: that the undersigned Trustee under that certain Trust Deed: Dated: April 22, 2008 Recorded: April 28, 2008 Instrument No.: 2008-18555 Official Records of: Deschutes County Grantor: Brian Black and Kirsten Black, Husband and Wife. 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 _______" 2015 DESCHUTES COUNTY, OREGON David Doyle, Deschutes County Legal Counsel STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was acknowledged before me on ______, 2015 by David Doyle, County Legal Counsel, Deschutes County, Oregon. Notary Public for Oregon My Commission Expires: _____ Document No. 2015-007