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HomeMy WebLinkAboutDoc 145 - Release Reversionary InterestDeschutes 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 23, 2011 Please see directions for completing this document on the next page. DATE: March 4, 2011 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board signature of Document Number 2011-145, a Release of Use Restriction/Reversionary Interest and Quitclaim Deed. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: In 1977, Deschutes County conveyed approximately 120 acres to Bend Metro Park & Recreation District ("BMPR"). This land is at the corner of Neff and Hamby Roads, current site of Big Sky Park and other public buildings. The conveyance was granted "with the specific reservation that if this real property ceases to be used for a public use, it shall revert to the grantor." In 1992, BMPR conveyed a portion of that land to Robert Hartsten in a land exchange. According to the Boundary Survey for Property Line Adjustment, the purpose was to allow the owners to manage their respective properties without crossing the COID Lateral A-9. In exchange for 3.69 acres west of the canal, BMPR gave Hartsten an irregular shaped parcel (0.63 acres) east of the canal along the southern boundary of his property and a 114' strip (3.06 acres) along his northern boundary, a total of 3.69 acres. See attached map. Successors to Hartsten partitioned the property in 2003 to create Parcels 1 and 2, current taxlots 400 and 401 on map 17 12 25. The portions of each parcel that came from the BMPR exchange are encumbered with the reversionary clause. Taxlot 400 is for sale and the buyer has asked the county to release its reversionary interest. By exchanging land, BMPR did not reduce acreage in public use. They incorporated the 3.69 acres received in the exchange into the existing public use and restricted the use by deed. According to their staff, it was an oversight that BMPR did not ask Deschutes County to release its interest. The Release of Use Restriction/Reversionary Interest and Quitclaim Deed will clear an encumbrance on the title of the private land. FISCAL IMPLICATIONS: None 1 RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2011-145. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original to Teresa Rozic for recording with the County Clerk. 2 $ k - S q 13 m m ` aI re § .. � ° 11 0 El II 9 _,r ■ ■ ' .. , 1 ` . � � le.f. �_ s ■�§ 'it. a> , 4 xj , ' 9c -N .| co■ | . t> § I , > � ` -2z : � ,|1 . .. __ 081 I a ®Zk , yv .\\.-.: WNW _i 2 ± c :\<. . Vti r; •� • V ,| ` S. \ y, � . ��\ �`/ -| , rife: © - _,r ■ ■ Upon signature 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.) Date: 3/4/2011 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: [NIA Contractor Phone #: N/Al Property & Facilities NIA Type of Document: Release of Use Restriction/Reversionary Interest and Quitclaim Deed Goods and/or Services: N/A Background & History: In 1977 Deschutes County conveyed approximately 120 acres to Bend Metro Park & Recreation District ("BMPR"). The conveyance was granted "with the specific reservation that if this real property ceases to be used for a public use, it shall revert to the grantor." In 1992 BMPR exchanged 3.69 acres of this land with an adjacent private owner but neither advised the county nor requested that the county release its reversionary interest in the land to be exchanged. By deed, BMPR restricted the use of the 3.69 acres it received and the land continues to be used for public purposes. The private owner partitioned his property in 2003 to create Parcels 1 and 2, current taxlots 400 and 401, on map 17 12 25. The portions of each parcel that came from the BMPR exchange are encumbered with the reversionary clause. Taxlot 400 is for sale and the buyer has asked the county to release its reversionary interest. By exchanging land, BMPR did not reduce acreage in public use. They incorporated the 3.69 acres received in the exchange into the existing public use and restricted the use by deed. According to their staff, it was an oversight that BMPR did not ask Deschutes County to release its interest. The Release of Use Restriction/Reversionary Interest and Quitclaim Deed will clear an encumbrance on the title of the private land. Agreement Starting Date: Annual Value or Total Payment: None Ending Date: N/A ❑ Insurance Certificate Received (check box) Insurance Expiration Date: N/A Check all that apply: ❑ RFP, Solicitation or Bid Process N/A 3/4/2011 Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) N/A Funding Source: (Included in current budget? Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No N/A Is this a Grant Agreement providing revenue to the County? ❑ 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: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: ' 1 5 /q I �C I Signature Distribution of Document: Original to Teresa Rozic for recording with the County Clerk. Date Official Review: County Signature Required (check one): El BOCC El Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Date Document Number 2011-145 3/4/2011 REVIEWED LEGAL COUNSEL After Recording, Return To: Deschutes County — Property & Facilities Dept. 14 NW Kearney Avenue Bend, OR 97701 For Recording Stamp Only After Recording, Forward All Tax Statements To: Same 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 July 20, 1977, the Grantor conveyed certain real property to the Bend Metropolitan Parks and Recreation District ("Grantee") by Deed for "public use." The Deed was recorded July 22, 1977, in Book 254 on Page 507, Official Records of Deschutes County. The real property conveyed is described on Exhibit A, attached hereto and incorporated by reference herein (the "Property"). WHEREAS, on December 10, 1992, by Deed Grantee exchanged a portion of the Property for other adjacent land. The Deed was recorded February 11, 1993, in Book 290 on Page 942, Official Records of Deschutes County. The real property conveyed is described on Exhibit B, attached hereto and incorporated by reference herein (the "Exchange Property"). WHEREAS, Grantee incorporated real property received in the land exchange into the Property and it is used for public purposes, and Grantee wishes to remove the use restriction/reversionary interest from the Exchange Property in order to clear title. 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 Exchange 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 DOCUMENT 2011-145 1 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, 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 , 2011. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tammy Baney, Chair ATTEST: Anthony DeBone, Vice Chair Recording Secretary Alan Unger, Commissioner STATE OF OREGON ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE, and ALAN UNGER, 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 , 2011. Notary Public for Oregon DOCUMENT 2011-145 2 My Commission Expires: EXHIBIT A Description of the Property The West Half of the Southwest Quarter (W 1/2 SW %) of Section 25, Township 17 South, Range 12 East, W.M. and the Northeast Quarter of the Southwest Quarter (NE' SW') of Section 25, Township 17 South, Range 12 East, W.M. (120 acres). Document 2011-145 EXHIBIT A - Page 1 of 1 EXHIBIT B Description of the Exchange Property 290 • 0944 EXHIBIT "A" A parcel of land containing 0.63 acre in gross area, lying east of C.O.I.D. Lateral A-9, situate in the SE part of the SW 1/4 SW 1/4 of Section 25, T. 17 S., R. 12 E., W.M., Deschutes County, Oregon, and more particularly described as follows: BEGINNING AT A POINT, the W 1/16 Corner common to Sections 25 and 36; THENCE along the South Line of Section 25, N. 89° 41' 30" W 220.03 feet to the center of C.O.I.D. Lateral A-9, from which a #4 plastic -capped steel rod stands as a Witness Point bearing N 37' 20' 48" W 37.55 feet and a second #4 plastic -capped steel rod stands as a second Witness Point bearing N 60. 21' 16" E 60.08 feet; TH94,- 11 r•hr..r,a minng +t,e r e1 N 40' 49' 24" E 30.90 feet to a N 47° 19' 36" E 24.47 feet to a N 40. 14' 39" E 18.38 feet to a N 58" 24' 10" E 17.00 feet to a N 39" 09' 56" E 75.42 feet to a N 62' 12' 44" E 14.02 feet to a N 41° 50' 17" E 21.96 feet to a N 32° 08' 04" E 85.52 feet to a N 21° 56' 12" E 34.43 feet to a N 30° 43' 14" E 15.26 feet to a N 65° 45' 51" E 77.65 feet to a N 68° 17' 05" E 8.85 feet to a of Section 25; point, point, point, point, point, point, point, point, point, point, point, point along the W 1/16 Line THENCE along said W 1/16 Line, S 00° 07' 02" W 269.36 feet to the Point of Beginning, being a part of those lands conveyed per Deed Volume 317, Page 402. Document 2011-145 EXHIBIT B - Page 1 of 2 Hi !I EXHIBIT B Description of the Exchange Property 290 '• 0945 EXHIBIT "B" A parcel of land containing 3.06 acres in gross area, being a strip of land 114.00 feet in width lying east of C.O.I.D. Lateral A-9, situate in the south part of the NE 1/4 SW 1/4 of Section 25, T. 17 S., R. 12 E., W.M., Deschutes County, Oregon, and more particularly described as follows: BEGINNING AT A POINT a #5 steel rod set at the CS 1/16 Corner of Section 25; THENCE along the $ 1/16 Lina of Section 25: N. 89° 39' 20" W 1173.57 feet to the intersection with the center of said canal; THENCE northerly three meander chords along the canal center: N 12" 51' 56" E 9.13 feet to a point, N 01° 16' 47" E 61.50 feet to a point, N 06" 17' 00" E 43.83 feet to a point, from which a #5 plastic -capped steel rod stands as a Witness Point bearing N 89° 39' 20" W 25.00 feet and a second #5 plastic -capped steel rod stands as a second Witness Point bearing S 89° 39' 20" E 25.00 feet; THENCE along a line parallel with said S 1/16 Line, S 89° 39' 20" E 1165.45 feet to a #5 plastic -capped steel rod set along the N -S C 1/4 Line of Section 25; THENCE along said C 1/4 Line, S 00" 02' 30" W 114.00 feet to\ the Point of Beginning, being a part of those lands conveyed per 1 Deed Volume 317, Page 402. Document 2011-145 EXHIBIT B - Page 2 of 2