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Home My WebLink AboutDoc 598 - Accept Deed - Bortner Prop~~ a~< 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 October 31, 2012 Please see directions for completing this document on the next page. DATE: October 18,2012 FROM: Teresa Rozic Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2012-598, to accept a deed from Francis and Margaret Bortner. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: Mr. and Mrs. Bortner own real property commonly known as 3197 and 3251 SW 45 th Street, Redmond. They are vacant lots, each about one-half acre, in a residential subdivision. Mr. and Mrs. Bortner wish to make a gift of this real property to Deschutes County. According to 2011 assessment records, each lot has a real market value of $47,870. Staffhas confirmed that there are no liens on the property and that taxes are current. The only encumbrances are easements for water and utilities. At a work session, the Board of County Commissioners discussed this offer and agreed that they would accept the real property and hold it for future sale. ORS 93.808 requires political subdivisions to accept conveyances prior to recording the document in deed records. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2012-598. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original to Teresa Rozic for recording with the County Clerk 1 I .. I DESCHUTES COUNTY DOCUMENT SUMMARY j (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.) ! I Please complete all sections above the Official Review line. Date: IOctoQer 18, 201~ Department: !Property & Facilftf~il j Type of Document: Acceptance of Deed I Goods and/or Services: N/A Background & Histo~: Mr. and Mrs. Bortner own real property commonly known as 3197 and 3251 SW 45 Street, Redmond. They are vacant lots, each about one-half acre, in a residential subdivision. Mr. and Mrs. Bortner wish to make a gift of this real property to Deschutes County. According to 2011 assessment records, each lot has a real market value of $47,870. Staff has confirmed that there are no liens on the property and that taxes are current. The only encumbrances are easements for water and utilities. At a work session, the Board of County Commissioners discussed this offer and agreed that they would accept the real property and hold it for future sale. ORS 93.808 requires political subdivisions to accept conveyances prior to recording the document in deed records. Agreement Starting Date: IUpon signatur~ Annual Value or Total Payment: INor1~ N/A o Insurance Certificate ReCeiVjd (CjeCk box) Insurance Expiration Date: ~. Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) Ending Date: INIAl o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) N/A Funding Source: (Included in current budget? 0 Yes o No If No, has budget amendment been submitted? 0 Yes o No 1011812012 Is this a Grant Agreement providing revenue to the County? 0 Yes L8J 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: 0 Yes 0 No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414 Department Director Approval: --+A1-"""--_t-_u..-_v....:1_ I_L_____ Signature fQ i 16 {(tQI~ Date Distribution of Document: Original to Teresa Rozic for recording with the County Clerk Official Review: County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____----') Legal Review Date Document Number 2012-598 IOIl8/2012 1 \ v· -"~--·-\--l '=::··-~~-~ •• 15 13 30BATHIS U~ w~ PR(PAR[O rOfl: NE1/4 NW1/4 SEC. 30 T.15S. R.13E. W.M.~S(S5W£rH PURPQS[ ONL Y. DESCHUTES COUNTYREVI S[O : 02/23/2006 1" '" 100' ------S([ "AP I~ 13 19CO N~ -I t L-.J E I -~ ~~~~S~ -f I ~1~~/FIH/H.fh'f/H.fHflf~ttJP/h'f/H.fh'f/H.fh'f/H.f/~~'h7wn~,~~,~,~~wr,'rh'h7"'rh'",.,)~ ~)O .l6.~ 1~.)6 1l6 .~ uu, .:.en 1~,7~ 16G .1~ 'iIO .~ »::t t:: 2700 2000 1900 "00 ~ 300 200 100 ::f;: t a ~ W ~ ~.. a ,,; ~, ~ U :r: t:: ~ :.:!:~ ~ ~. UJ ~ ~ :s ~ ~ :+ t-~ ~ !~; !a-; ~-£ 16 W 8 I ~ ~ ;z: ! ' "'." Wa::::: '"" "''' ,.... l-fIt 2600 21D0 I-1800 ,IIlOQ " ?"~\ ~ ) ~ 6 ~ I ~ t en A" '\'> \\ <~ ,~~ ~ 'M . ~ 'MM ~ , • a 0 \ vtr " , :r:t t ~ t ? (0 ; (~ _ ~ 500 600 100 t I 2 \) < .( <.:... I~ 15 ID ~,!: \ 7 2 s:> I-~ W '" " "'," ~'\ 'i \ "i?" 2: I: : ~ , S! ~ • :.) . MJI!'.a::: 1_. • . ,\ ,' <, , r,"2500 2200 \ '2>1\ ? <' 1761l.\ S,.oo ~ -I-c[ - -~ ,en ::t: :::c CI I-a:::: I") ,~!-.~f 14105 .... 1000 900 800 ~ ~ i 2'00 (J' j2JOO I i= ~' I ''',,---!I ~ ~ 12 ~ : ~ 1600 5 _. ~500 .1 ~ !!" "~ i! .\ '2> I).,'.J2-1 ! ~ I 1:12 .11 I jJ~ .J! I_ 60 J !Jut I IIMI I 0 .7 '"'' ·\t~ ~ \t<~~\" '"'' ""I !/ / '7' I I / / II / I / 11 11/11 / / I / I I I 'JNI 'XERO ,,,,,,,,,,,,,,,,,,,,,,,,,,';.~ AVENUEJ~ W .H "\ " "'1.11 3OJ.U (lO,f17) Io:ITr.o(Sl.IM'Y)1102 !l01 .( <?..S'''' I t ~ \ "" \ 12018 g ,:;, ~ ~ ~i -:><' ~ (:\~<- WOo ~..,,~ .<.'0 1 ~ 1100 1105 ~\\ ' S II '. I 8: \\\)'; ~, ~ ::I: 4., .. ~.'.- lOI-~ " ..." ....;:"".......... "'"," ............................ 1103 ....... .u JOU21108 1202 1200 .\ 2.Q 1 Ie 20' AC~ ~; ~ (? '.> '?> 3Ol .3f PIoRCH 2 ( \~~\~';'J '<) <,"~ 1 ~1.la '~1.11 '36.00 " \ \ " PARCH 1 1104 ~ ('''.'') !1107 1106 1109t 0 . $\ AI:. O.!.1 Ie! 0 .• 9 AC . 0 ,S3/11{ (?,?>0\\!j~ 1,S ~ !!••oj ~•)II;~ I~' ,'UO'~.Y J41 .!J ~= r,<l ! ! ~ ! ~ ! ! • •!..ff,{'tJl{{{{{{{{{{{{'{"{{i'GW{f€W{{{{{{{{{{{{{{{{{{{I{{I{I{{{{{{{{{{{{{{{{{{{{{{{{{{{{{J{{{MNUiI{{{{{{{{{{{{'{{{{{{r,ffIWJ... ~ SH WAP 15 13 30 15 13 30BA After recording return to: Deschutes County Property & Facilities Dept. PO Box 6005 Bend, OR 97708-6005 Until a change is requested, all tax statements shall be sent to the following address: Same as above Reserved for Recorder's Use WARRANTY DEED Francis R. Bortner and Margaret E. Bortner, Trustees of the FM Bortner Living Trust, Grantor, conveys and warrants to Deschutes County, a political subdivision of the State of Oregon, Grantee, the following described real property: Lot Two (2) Block Two (2) of HUNT'S THREE SISTERS VIEW TRACTS, recorded September 21, 1967, in Cabinet A, Page 149, Deschutes County Records. Lot Four (4), Block Two (2) of HUNT'S THREE SISTERS VIEW TRACTS, recorded September 21, 1967, in Cabinet A, Page 149, Deschutes County Records. Grantor hereby covenants to and with Grantee and Grantee's heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except those of record, as shown on Exhibit "A" attached hereto and incorporated by this reference, and that Grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. Consideration for this conveyance includes other value given, which is the whole consideration. 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 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. DATED this __day of _____--', 2012 Francis R. Bortner, Trustee Margaret E. Bortner, Trustee STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared Francis R. Bortner and Margaret E. Bortner, and acknowledged the foregoing instrument to be his/her voluntary act. Dated this ___day of _______-', 2012 NOTARY PUBLIC FOR OREGON My Commission Expires: ________ 1 EXHIBIT itA" City Liens, if any, of the City of Redmond. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of Central Oregon Irrigation District. Easement, including the terms and provisions thereot affecting the portion of said premises and for the purposes stated therein For: Electric transmission line As granted to: Pacific Power & Light Company Recorded: October 20,1967 Instrument No: 155-418, Deed Records Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As reserved by: Mary Ellen West Recorded: September 8,1969 Instrument No: 166-760, Deed Records Affects: Lot 2 2 REVIEWED LEGAL COUNSEL ACCCEPTANCE OF DEED Deschutes County, acting by and through its Board of Commissioners, does hereby accept the foregoing Warranty Deed pursuant to ORS 93.808. DATED this ___day of ________-', 2012 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ATIEST: ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner STATE OF OREGON County of Deschutes ) ) 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 2012-598 3