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Home My WebLink AboutOrder 013 - Sale of Real PropertyE 0.0. . ,ff "'t····· &::. ~... a -<e··· Deschutes 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 March 14, 2012 Please see directions for completing this document on the next page. DATE: March 7, 2012 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2012-013, an Order for the Sale of Certain Real Property Acquired by Deschutes County. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: At their work session February 13,2012, the Board of County Commissioners (the "Board") directed staff to proceed with a public auction of county-owned land. ORS 275.110 provides that the Board will fix the minimum price for each parcel and the conditions and terms of sale. As we've done in the past, we will offer financing for properties sold at $25,000 or more. Property Management staff has worked with Legal Counsel, Community Development, Finance Department and the Sheriffs Office to prepare documents associated with the sale. Community Development, Road Department, and the County Forester have reviewed the list of properties to be offered and find there is no reason to retain the land in county ownership. The auction will begin at 10:00 a.m. Thursday, May 16,2012, in the Barnes Hearing Room. FISCAL IMPLICATIONS: If all the parcels sell at minimum bid, proceeds would be $254,500. It is rare that all parcels offered at auction are sold. RECOMMENDATION & ACTION REQUESTED: Staff recommends approval of Order 2012-013. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Copy to Teresa Rozic REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order for the Sale of Certain Real * Property Acquired by Deschutes County * ORDER NO. 2012-013 WHEREAS, Deschutes County has acquired title, or will acquire title on March 9, 2012, to certain real property, described in Exhibit "A," attached and incorporated by this reference, pursuant to real property tax foreclosure proceedings on file in the Circuit Court of the State of Oregon for Deschutes County and by other means, and WHEREAS, foreclosure proceedings are completed, and tax deeds in the regular form have been executed by the Deschutes County Tax Collector and recorded in the Deed Records of Deschutes County pursuant to ORS 312.200 with respect to real properties acquired by tax foreclosure, and WHEREAS. ORS 271.310 and 275.110 authorize the sale by the Board of County Commissioners of the real property acquired through real property tax foreclosure and other means, and WHEREAS, the real property described in Exhibit "A," attached is not needed for County purposes and, thus, surplus, and WHEREAS, it appears that it is in the best interests of the County to sell the real property described in Exhibit "A", and that the minimum price set forth after the description of each parcel, be the minimum price for said sale; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That the Deschutes County Sheriff hereby is authorized and directed, pursuant to ORS 275.120, to offer for sale the property described in Exhibit "An, attached hereto and by this reference incorporated herein, to the highest and best bidders, for cash, cashier's check or terms, or combination thereof, as determined by the Board of County Commissioners pursuant to ORS 275.190, but not less than the minimum bid hereby fixed, plus recording fees. Section 2. That said sale is to be made at the Barnes Hearing Room, 1300 NW Wall Street, Bend, Oregon, beginning at 10:00 a.m. on Thursday, May 16, 2012, and remaining open until 4:00 p.m. to allow for bidders to submit the appropriate purchase payment. Section 3. That on the sale date, Bidders with the provisionally accepted high bid may leave the premises to obtain cash or cashier's checks but must return to the Barnes Hearing Room prior to 2:00 p.m., with no Bidder admittance after 2:00 p.m. allowed. PAGE 1 OF 2-ORDER No. 2012-013 (03/14/2012) Section 4. That all sales shall be deemed conditional until such time as the Board of County Commissioners formally accepts or rejects said sale. Section 5. That, if the Sheriff is unsuccessful in selling any real property listed in Exhibit "A" at said sale. said real property may be sold at private sale pursuant to ORS 275.200. Section 6. That the Deschutes County Property Specialist is authorized to take those actions reasonably calculated to effici~ntly and successfully conduct the aforementioned land sale, including deviation from or modification of sale procedures, when, in the opinion of the Property Specialist, said deviations or modifications are justified and in accordance with all laws. Section 7. That the Deschutes County Property and Facilities Director or the County Administrator is authorized and ordered to sign the Seller's Disclosure Statements and Sales Agreements for the County owned property to be sold at the May 16, 2012, public auction. Section 8. That the promissory note and trust deed attached as Exhibit "B", attached and incorporated by this reference, shall be the documents authorized for sale of the properties eligible for County financing, as identified in Exhibit "A". Dated this ___of March, 2012 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE. Chair ALAN UNGER, Vice Chair ATIEST: Recording Secretary TAMMY BANEY, Commissioner PAGE 2 OF 2-ORDER No. 2012-013 (03/14/2012) EXHIBIT A NOTICE OF SALE By virtue of Order No. 2012-013 adopted by the Board of County Commissioners of Deschutes County, Oregon, on March 14, 2012, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 16, 2012, at 10:00 a.m. in the Barnes Hearing Room, 1300 NW Wall Street, Bend, Oregon, the Sheriff or his designee shall proceed to sell, at public auction to the highest and best bidder, for cash, cashier's check or terms, or combination thereof, the right and title to and interest in of Deschutes County in the real property listed below: Parcel 10 Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments Parcel 10 Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments 2012-01 179322 $76,660 141321-00-01604 6445 N. Hwy. 97, Terrebonne, OR 977600 $2,500 0.22 acre; zone: SMIA, EFU LM. Older manufactured home on the ~perty. No well; outside city water district; failed site evaluation. 2012-02 134947 $11,040 151009-BC-09200 Unassigned address, Sisters, OR 97759 $2,500 0.05 acre; zone: RR10. Strip: approximately 14' wide by 170' long. Not buildable. Parcel 10 Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments Parcel 10 Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments 165497 $371,380 151204-00-02300 2170 NW 105th Court, Redmond, OR 97756 $92,000 5.04 acres; zone: RR10. Partially built home -not finished -not inspected. Buyer must treat wildfire fuels. 2012-04 130632 $160,200 161215-00-02000 21125 Arid Ave, Bend, OR 97701 $46,000 3.21 acres; zone: RR10, AS. Vacant lot. Buyer must treat wildfire fuels. Parcel 10 Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments 2012-05 199891 $115,890 171229-CA-00166 Unassigned address Black Hawk Ave, Bend, OR 97701 $34,500 0.22 acre; zone: RS. Vacant lot. Parcel 10 Assessor Account 131593 Page 1 of 3 EXHIBIT A Assessor Market Value $62,000 Map and Taxlot 171420-00-02300 Property Address Unassigned address, Bachelor Ln, Bend, OR 97701 Minimum Bid $8,000 Comments 4.67 acres; zone: RR10. Vacant lot. Parcel 10 2012-07 Assessor Account 131690 Assessor Market Value $80,230 Map and Taxlot 171421-00-01900 Property Address 25340 Bachelor Ln, Bend, OR 97701 Minimum Bid $20,000 Comments 4.63 acres; zone: RR10. Older manufactured home on property. Parcel 10 2012-08 Assessor Account 125971 Assessor Market Value $25,000 Map and Taxlot 201119-BO-16000 Property Address 17270 Brant Dr, Bend, OR 97707 Minimum Bid $21,000 Comments 0.47 acre; zone: WA, RR10. Vacant lot. Assessor Account 142214 Assessor Market Value $157,025 Map and Taxlot 221016-CO-05300 Property Address 51240 Riverland Ave, La Pine, OR 97739 Minimum Bid $28,000 Comments 1.06 acres, zone: WA, RR10. Lot with 2,000 sf shop. Open code enforcement case. All prospective bidders shall register the day of the sale or with the Deschutes County Property Specialist any business day between May 8,2012 and May 15, 2012. Registration may be in person at 14 NW Kearney Avenue, Bend, Oregon, between the hours of 9:00 a.m. and 4:00 p.m.; by fax at (541) 317-3168; or by E-mail to teresa.rozic@deschutes.org, by providing bidder's legal name, physical address, mailing address and telephone number. Bidders must provide an acceptable picture 1.0. prior to bidding. Prior to 4:00 p.m. May 16, 2012, the highest bidder will pay the full balance of bidder's provisionally accepted high bid, plus recording and certificate of sale fees, in cash or cashier's check or, for properties on which financing is available per the above list, the following terms: either equal payments over 10 years with a fixed interest rate of 5%; or, downpayment and second/final payment in 30 days; both with a nonrefundable cash down payment of not less than 20% of the purchase price, recording fees and certificate of sale fees, secured by a promiSSOry note and trust deed. Copies of the complete contract terms may be found at www.deschutes.org or a copy will be provided at $.25 per page upon request to the County Property Specialist listed above. I On the sale date, Bidders with the provisionally accepted high bid may leave the premises to obtain cash or cashier's checks but must return to the Barnes Hearing Room prior to 2:00 p.m. No admittance after 2:00 p.m. will be allowed. Page 2 of 3 J I EXHIBIT A Cash is defined as all legal U.S. currency. Cashier's checks must be payable to Deschutes County. Cashier's checks must be drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States. If any part of the purchase price is paid with a cashier's check the purchaser will be given a receipt in lieu of a certificate of sale until verification from the financial institution that final settlement has been made on the cashier's check. Upon receiving such verification, the purchaser will receive a certificate of sale. If any part of the purchase price is paid through the contract for terms, the purchaser will be given a certificate of sale that includes the terms and will be required to sign a promissory note for which a trust deed will be recorded. The highest offer for any parcel that is equal to or exceeds the minimum bid price shall be conditionally accepted as of the close of bidding for that parcel. Upon conditional acceptance of an offer at the time of the sale, the sale as to that parcel shall be deemed closed. The Board of County Commissioners may authorize the sale of any real property not sold at this auction to be sold by private sale pursuant to DRS 275.200. Additionally, Deschutes County reserves the right to remove any property from the auction list at or before the auction. ALL PARCELS ARE SOLD AS IS. Potential bidders should thoroughly investigate all aspects of a property prior to bidding. Deschutes County has not surveyed the aforementioned real properties and makes no representation as to boundaries, encroachments or encumbrances. Deschutes County does not guarantee or warrant that any parcel is buildable, suitable for septic system, has legal access, is vacant or is usable for any particular purpose. The County shall not warrant or defend the fee simple title of real property offered for sale to be free of defects or encumbrances, but will only sell and convey such interest as the County acquired by foreclosure or other means and holds at the time of sale. Furthermore, conveyance is subject to all valid, recorded easements, road right of way dedications and the right of any municipal corporation to purchase such property pursuant to State law and subject to the right of the Board of County Commissioners to reject any and all bids. SOME PROPERTY WILL BE SOLD SUBJECT TO BUYER AGREEING TO ELIMINATE THE WILDFIRE FUELS. An example of the Fuels Management Agreement is available for review on the Deschutes County website (www.deschutes.org) and at the office of Deschutes County Property Management, 14 NW Kearney Avenue, Bend, Oregon. Packets of tax lot maps may be viewed through the website address above or purchased from the Deschutes County Property Management Department at the above address. For information on the land sale auction, contact Deschutes County Property Management at (541) 330-4656. The sale location is wheelchair accessible. Materials are available in alternative formats. For the deaf or hard of hearing, an interpreter or assistive listening system will also be provided with 48 hours notice. To arrange for these services, please contact Risk Management at (541) 330-4631. LARRY BLANTON Deschutes County Sheriff By _____________________ __________, Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 10, 17, and 24,2012 Date of Last Publication: May 1, 2012 Page 3 of 3