HomeMy WebLinkAboutDoc 582 - Release Revers Clause - HabitatDeschutes 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 November 19, 2012
Please see directions for completing this document on the next page.
DATE: November 2,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2012-582, a Release of Reversionary Interest.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, Deschutes County donated a residential lot on Roanoke Avenue to Bend Area Habitat for
Humanity ("BAHFH"). At that time, the organization believed that they could build affordable housing
on the property. As required by statute, the conveyance stated that if the property were not used for
affordable housing, it would revert to Deschutes County.
BAHFH has determined that, although it is buildable, the Roanoke lot presents construction challenges.
There is a donor willing to enter into a land exchange with BAHFH. The donor will trade a residential
lot in a neighborhood where BAHFH has already provided housing for 11 low-income families (the
"Woodland lot") for the Roanoke lot. BAHFH requests that Deschutes County release their
reversionary interest in the Roanoke lot and place the restriction on the Woodland lot.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2012-582, subject to legal review of escrow closing
instructions and deeds.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic for deposit in escrow.
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: 111102/20121 Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: Bend Area Habitat for Humanit
Contractor Contact: IChris Neumaieij Contractor Phone #: 541-385-5387
Type of Document: Release of Use Restriction/Reversionary Interest and Quitclaim
Deed
Goods and/or Services: N/A
Background & History: In 2007, Deschutes County donated a residential lot on
Roanoke Avenue to Bend Area Habitat for Humanity ("BAHFH"). At that time, the
organization believed that they could build affordable housing on the property. As
required by statute, the conveyance stated that if the property were not used for
affordable housing, it would revert to Deschutes County.
BAHFH has determined that, although it is buildable, the Roanoke lot presents
construction challenges. There is a donor willing to enter into a land exchange with
BAHFH. The donor will trade a residential lot in a neighborhood where BAHFH has
already provided housing for 11 low-income families (the "Woodland lot") for the
Roanoke lot. BAHFH requests that Deschutes County release their reversionary
interest in the Roanoke lot and place the restriction on the Woodland lot.
Agreement Starting Date: lupon signatur~ Ending Date: INIAl
Annual Value or Total Payment: INonei
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)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
11/212012
Is this a Grant Agreement providing revenue to the County? DYes [3:J 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: D Yes No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
LA~ {1/z-j,L.Department Director Approval:
I S~na~ffi D~e
Distribution of Document:
Original to Teresa Rozic for deposit in escrow.
Official Review:
County Signature Required (check one): BOCC Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-')
Legal Review Date
Document Number 2012-582
11/2/2012
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After Recording, Return To:
Bend Area Habitat for Humanity
1860 NE 4th Street
Bend, OR 97701
After Recording,
No change
Forward All Tax Statements To:
RELEASE OF USE RESTRICTION/REVERSIONARY INTEREST
AND QUITCLAIM DEED
This Release of Use Restriction/Reversionary Interest and Quitclaim Deed is made and entered
into by the Board of County Commissioners of DESCHUTES COUNTY, Oregon. ("Grantor").
WHEREAS, on September 26, 2007, the Grantor conveyed certain real property to BEND AREA
HABITAT FOR HUMANITY ("Grantee") by Deed for affordable housing. The Deed was recorded October
19,2007, as Document 2007-55835, Official Records of Deschutes County. The real property conveyed
is described in the attached Exhibit "A" which is incorporated herein by this reference (the "Property");
and
WHEREAS, Grantee wishes to exchange the Property for other property more suitable to the
building and housing needs of the agency described in the attached Exhibit "B" which is incorporated
herein by this reference (the "Exchange Property"); and
WHEREAS, Grantor agrees to release its reversionary interest in the Property and Grantee
agrees to transfer that reversionary interest to the Exchange Property;
THEREFORE, the Grantor releases and quitclaims to the owner of record any and all use
restrictions and/or reversionary rights it may have now or in the future and also releases and quitclaims
any and all remaining interests of any nature, if any. that it may have in the Property to the owner of
record.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSONS 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, AND
SECTIONS 2 TO 9 AND 17, CHAPTER 855. OREGON LAWS 2009. 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
DOCUMENT 2012-582 1
11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17 CHAPTER 855, OREGON
LAWS 2009.
The true consideration for this conveyance is other value given, which is the whole consideration.
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 )
) ss.
County of Deschutes )
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.
DATEDthis __dayof ______, 2012
My Commission Expires: ________
Notary Public for Oregon
DOCUMENT 2012-582 2
Exhibit "A"
The west half 0N12) of Lot 6, Block 31, FIRST ADDITION TO KENWOOD, Deschutes County, Oregon.
DOCUMENT 2012-582 3
Exhibit "8"
Preliminary TItle Report Order No.; 66270
Exhiblt_
A tract of land located In the Southwest one-quarter of ):he Northwest one-quarter
(SW1/4 NW1/4) of section 4, Township 18 South, Range 12 East, Willamette Meridian,
DeschutesCounty, c;>regon, described as follows:
Lot 6, ,Block 68, Bend Park, qty of Bend, Deschutes County Deed Records.
EXCEPTING THEREFROM the following described tract of land:
Commencing at the Southwest comer of Lot 6, Block 68, Bend Park, Clty'of Bend,
Deschutes County, Oregon; thence North 90°00'00" Eastl along the South line of saId
Lot 6, a distance of 15.59 feet to the true polrt of beginning; thence continuing North
90°00'00" East, along said line, 30.41 feet to the Southeast carner of said Lot 6; thence
leaving saId line North 00°00'00" West along the East Une of said Lot 6, 30.22 feet,
thence leaVing saId line South 45°11'11 II West, 42.87 feet to the point of beginnIng.
TOGETHER WITH the following described tract of land:
Beginning at the Northwest comer of Lot 7, Block 6S, Bend park, City of Bend,
Deschutes County, Oregon, said corner also located 0{1 the Northeasterly right of way of
South Fourth Street; thence leaving said right of way North 90°00'0011 East, along the
North line of said Lot 7, a distance of 15.59 feet; thence"leaving said line South
45°11'11" West, 12.67 feet to a point on said right of way; thence Northwesterly, along
said right of wayI 11.11 feefalong the arc of a curve concave to the Northeast, having a
radius of 190.00 feet (the long chord of which bears North 36°27'22/f West, 11.10 feet)
to the point of beginning.
TOGETHER WITH the following tract of land:
Beginning at the Northwest comer of Lot 8, Block 68, Bend park, City of Bend,
Deschutes County, Oregon; thence South 00°00'00" Eastl along the West line of said
Lot 8, a distance of 29.74 feet; thence leavIng said, line North 45°11'11" East, 12.57
feet: thence North OOOOO'lS" West, 20.89 feet to a point on the North line of said Lot 8;
thence South 89°59'42u West, along said line, 8.91 feet to the point of beginning.
4DOCUMENT 2012-582
~BendArea
~Habitat
" , ,
BOARD OF
DIRECTORS
Geoffrey Perry
PRESIDENT
Jeremy Green
VICE PRESIDENT
Sean Brennan
SECRETARY
Mike Shay
TREASURER
Richard Berg
Darrel Buttice
Robert Cudlin
Coby Horton
Bill Kuhn
Jim Larson
Carole Nuci<ton
Barbara T)1er
Mary Louise Vidas
John Weekley
for Humanity·
September 11,2012
Deschutes County
Board of County Commissioners
1300 NW Wall Street, Suite 200
Bend, OR 97701
To Whom it May Concern:
Bend Area Habitat for Humanity (BAHFH) was the grateful recipient of two lots
from the County in 2007. We completed a home at the first lot, 306 SW
McKinley Ave., in July of 2009, in partnership with Housing Wotb, for a low
income family. The second lot, located on Roanoke Ave., has proven to be
unaffordable to build on in order to provide housing for low income families.
That being said. we have recently been approached by an individual, Jason
Mendell, who would like to perform • land trade with us. His property is located
at 422 SE Woodland Blvd. which is located in. neighborhood where BABm
has already provided housma for Illow·income families. The Woodland lot is
build-ready and Mr. Mendell likes the cballenae ofbuikting Oft non-traditionally
situated and shaped lots, like our Roanoke lot. He also recopized the obstacles
we face on our current lot, which is what prompted him to propose this land
trade.
Our request to the Board of County Commissioners is that we would be able to
transfer the Affordable Housing deed restriction from our Roanoke property to
the Woodland property. By approving this transfer, both currently vacant lots
would have housing built and BAHFH would be able to satisfy the intent of the
initial land donation by providing affordable housing for another low income
family.
Thank you for considering this request.
~
Executive Director
Bend Area Habitat for Humanity
Enclosures
OCCBH83S16Bend Area Habitat for Humanity
1860 HE 4~St. Bend, OR gn01 541-385-5387
bendhabltat.org hi}
DISCHUTES COUNTY OP'P'ICIAL RECCIIDS 2OOj-='~fNMCY 1LANlClNSH1'. COUNTY CLIJIII( -.NWiI
7~~rt!fbJ) 11_""111 $31.00
LEGAL COUNSEL
D-O :Cnt..l St.rM123 CLIJIII( 1011912007 12:41:53 PIt
".00 '11.00 '10.00 ".00
For Recording Stamp Only
After Recording, Return To: Bend Area Habitat for Humanity
1860 NE 4'" St
Bend OR 97701
After Recording, Forward All Tax Statements To: SAME
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a politica1 subdivision of the State of Oregon, Grantor, conveys to BEND AREA
HABITAT FOR HUMANITY, an Oregon nonprofit corporation, Grantee, that parcel of land described as
follows:
The west half (W/2) of Lot 6, Block 31, FIRST ADDITION TO KENWOOD, Deschutes County, Oregon.
SUBJECT TO all encumbrances of record and those common and apparent on the land.
In the event that the Grantee or any successor to the Grantee shall fail to use said property for affordable
housing for and during the period of ten (10) years following execution of this deed, the property hereby
conveyed shall revert to the Grantor, without any act on its .part and this conveyance shall thereupon be' .
without force or effect.
BEFORE SIGNING OR ACCEPTING THIS INS1RUMENT, THE PERSON 1RANSFERRING FEE
TITLE SHOULD INQumE ABOUT THE PERsON'S RIGHTS, IF ANY, UNDER ORS 197.352.
THIS INS1RUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INS1RUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INS1RUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH 11lE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND
TO INQumE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,
UNDERORS 197.352.
The true consideration for this conveyance is the use of land for low income housing pursuant to ORS.
271.330(2).
DATED this U ~y of ¥. ,2007.
ArrEST:
~~
Recording Secretary
STATE OF OREGON
County of Deschutes
)
) ss.
) ~ . SEAL
BONNIE BAKER
NOTARY PU8IJC.OREGON
COMMISSION NO. 414319
ION EXPIRES FEB. 2011
Before me, a Notary Public, personaUy appeared MICHAEL M. DALY, DENNIS R. LUKE 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.
DATEDthis1Ji!!'daYOf Ikfd::. ,2007.
~~ My COmnlission Expires: ~<l-~( 2-0(1
Notary Public for Oregon
PAGE 1 OF 1-BARGAIN & SALE DEED