HomeMy WebLinkAboutDoc 262 - Deed to BrownDeschutes 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 May 2, 2012
Please see directions for completing this document on the next page.
DATE: April 24, 2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2012-262, a Deed to Donald F. Brown and Janice L.
Brown, Trustees.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Pursuant to Chapter 312, Oregon Revised Statutes, the Deschutes County Tax Collector prepared a list
of real properties subject to foreclosure for delinquent taxes (the "2009 Foreclosure List"). On
December 1, 2009, the Circuit Court of the State of Oregon granted a General Judgment to Deschutes
County. By that judgment, the real property was conveyed, subject to redemption, to Deschutes
County. The two-year redemption period ended and Deschutes County filed a Tax Deed with the
County Clerk on March 9, 2012. Statute authorizes Deschutes County to take possession of the
properties and remove anyone living there. When we believe the property is occupied, it is our practice
to give written notice to the former owner and/or occupant 30 days prior to filing the Tax Deed.
One of the properties included in the General Judgment and subsequent Tax Deed is 1630 NE Carson
Way, Bend. It is a 0.20-acre lot improved with a single family residence. On March 7, 2012, staff
received an e-mail from Connie Kelley, acknowledging receipt of the 30-day notice, informing us that
she is the executor of the estate of the former owners, Donald and Janice Brown, and that she lives on
the property. She asked us to delay evicting her so that she could pay the taxes.
ORS 275.180 authorizes a county to sell property acquired for delinquent taxes to the former owner for
"not less than the amount of taxes and interest accrued and charged against such property at the time of
purchase by the county with interest thereon at the rate of six percent per annum from the date of such
purchase" (commonly referred to as a "repurchase"). Deschutes County Board of County
Commissioners allows a repurchase only in cases where the former owner can show extenuating
circumstances.
Staff makes these findings in Ms. Kelley's case:
• Ms. Kelley states that she discovered about two years ago that her mother was not paying
bills on time, including medical bills and property taxes. Janice Brown died in 2011.
• Donald Brown was Ms. Kelley's stepfather. He died in 2006.
• Ms. Kelley states that she exhausted her own money caring for her parents, both of whom
suffered from dementia.
• Ms. Kelley has located a lender, and she is able and willing to repurchase the property for
the amount allowed by statute.
FISCAL IMPLICATIONS:
The amount to repurchase is $18,208.58, plus a $1,000.00 fee.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board of County Commissioners find extenuating circumstances and convey
the real property, as required by statute, to the former owner Donald F. and Janice L. Brown, Trustees.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original Deed to Teresa Rozic for recording with the County Clerk
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: [04/24/2012 Department: [Property & Facilities!
Contractor/Supplier/Consultant Name: ~
Contractor Contact: ~ Contractor Phone #: [N/~
Type of Document: Deed
Goods and/or Services: N/A
Background &History: Pursuant to Chapter 312, Oregon Revised Statutes, the
Deschutes County Tax Collector prepared a list of real properties subject to foreclosure
for delinquent taxes (the "2009 Foreclosure List"). On December 1, 2009, the Circuit
Court of the State of Oregon granted a General Judgment to Deschutes County. By
that judgment, the real property was conveyed, subject to redemption, to Deschutes
County. The two-year redemption period ended and Deschutes County filed a Tax
Deed with the County Clerk on March 9,2012. Statute authorizes Deschutes County to
take possession of the properties and remove anyone living there. When we believe
the property is occupied, it is our practice to give written notice to the former owner
and/or occupant 30 days prior to filing the Tax Deed.
One of the properties included in the General Judgment and subsequent Tax Deed is
1630 NE Carson Way, Bend. It is a 0.20-acre lot improved with a single family
residence. On March 7, 2012, staff received an e-mail from Connie Kelley,
acknowledging receipt of the 30-day notice, informing us that she is the executor of the
estate of the former owners, Donald and Janice Brown, and that she lives on the
property. She asked us to delay evicting her so that she could pay the taxes.
ORS 275.180 authorizes a county to sell property acquired for delinquent taxes to the
former owner for "not less than the amount of taxes and interest accrued and charged
against such property at the time of purchase by the county with interest thereon at the
rate of six percent per annum from the date of such purchase" (commonly referred to as
a "repurchase"). Deschutes County Board of County Commissioners allows a
repurchase only in cases where the former owner can show extenuating circumstances.
Agreement Starting Date: [Upon signatur~ Ending Date: IN/~
Annual Value or Total Payment: [$18,208.58 plus a $1 ,000 fe~
N/A
D Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
4/25/2012
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
Funding Source: (Included in current budget? 0 Yes D No
If No, has budget amendment been submitted? DYes o No
Is this a Grant Agreement providing revenue to the County? 0 Yes cg] 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: Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
I) v\/1At'L
Department Director Approval: --,-tA_---::-________
Signature
Distribution of Document:
Original to Teresa Rozic for recording with the County Clerk
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-'
Legal Review Date
Document Number 2012-262
4/25/2012
DESCHUTES COUNTY TAX COLLECTOR Date: September 17.2010
ATTN: LONlBURK Report No.: 28-2010
1300 N.W. WALL STREET Owner: Brown
BEND, OR 97701 Serial No.: 150191
REPORT FOR:
Tax Report Service
PREMIUM:
Tax Report $250.00
EXHIBIT I
Date of Report: September 17,2010 at 8:00 a.m.
Report No.: 28-2010
Report Pursuant To ORS 312.120, Et. Seq. on the following tax account No. (s)
150191 171226 CC 06100
Lot Twenty-three, Block One, THE WINCHESTER, City of Bend, Deschutes County. Oregon
WE HAVE SEARCHED OUR TRACT INDICES TO DETERMINE THOSE PERSON(S) OR ENTITIES
ENTITLED TO NOTICE OF EXPIRATION OF PERIOD OF REDEMPTION PURSUANf TO ORS
312.125 AND HAVE SHOWN THEIR ADDRESSES AS WELL IF SHOWN BY THE PUBLIC
RECORDS. ON THE TAX ACCOUNTS REFERRED TO ABOVE. WE REPORT AS FOLLOWS:
VESTEE: Donald F. Brown and Janice L. Brown, Trustees, or a
Successor Trustee of The Donald F. and Janice L. Brown
Family Trust, dated March 14, 1991
(a) Mailing Address: 1630 N.E. Carson Way
Bend, OR 97701
(b) Site Address: 1630 N.E. Carson Way
Bend, OR 97701
!
I After recording return to and
send tax statements to:
Donald F. Brown and Janice L. Brown, Trustees
c/o Connie KelleyI 1630 NE Carson Way
Bend, OR 97701
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
I QUITCLAIM DEED
DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, Grantor, releases
and quitclaims to, DONALD F. BROWN AND JANICE L. BROWN, TRUSTEES, OR A SUCCESSOR
TRUSTEE OF THE DONALD F. AND JANICE L. BROWN FAMILY TRUST, DATED MARCH 14,
1991, Grantee, all of Grantors' right, title and interest in and to real property described as:
Lot Twenty-three, Block One, THE WINCHESTER, City of Bend, Deschutes County, Oregon.
1 The true consideration for this conveyance is $18,208.58.
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
I
1 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
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.
j Dated this __ day of ______, 2012
I
REVIEWED
j
LEGAL COUNSEL
I
I
'I
ATTEST:
Recording Secretary
J
I State of Oregon
County of Deschutes
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
)
) ss.
)
Before me, a Notary Public, personally appeared ANTHONY DEBONE, ALAN UNGER and TAMMY
BANEY, 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 ______, 2012.
Notary Public for Oregon
My Commission Expires: ________
DC 2012-262