HomeMy WebLinkAboutDoc 111 - Bargain-Sale Deed{ Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oria
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 27, 2011
Please see directions for completing this document on the next page.
DATE: July 19, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2011-111, a Bargain and Sale Deed to Teborima LLC.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Staff received an offer from Mark Eberhard of Teborima LLC, the adjacent property owner, to purchase
taxlot 151316 -AA -06500 (a 10' x 50' strip), which was acquired by Deschutes County by foreclosure
for nonpayment of property taxes. ORS 275.225 authorizes a private sale if the parcel is unbuildable
and has a market value of less than $15,000. According to Assessor's records, the current real market
value of the lot is $4,950.00. The City of Redmond provided a statement regarding the unsuitability for
building on the parcel.
At their work session January 19, 2011, the Board of County Commissioners directed staff to proceed
with the sale. According to ORS 275.225(3) staff published notice of the proposed sale in The Bulletin
February 4, 2011. No objections were received. Teborima paid a $1,000 non-refundable processing fee
and signed a Sale and Purchase Agreement. They will pay the full purchase price in advance of
receiving the deed.
FISCAL IMPLICATIONS:
Purchase price of $4,950 and the $1,000 processing fee.
RECOMMENDATION & ACTION REOUESTED:
Staff recommends signature of Document 2011-111.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original 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: 119111 Department: JProperty & Facilitie
Contractor/Supplier/Consultant Name: N/
Contractor Contact: Mark Eberhard Contractor Phone #: 541.548.5181
Type of Document: Bargain & Sale Deed
Goods and/or Services: NIA
Background & History: Staff received an offer from Mark Eberhard of Teborima LLC,
the adjacent property owner, to purchase taxlot 151316 -AA -06500 (a 10' x 50' strip),
which was acquired by Deschutes County by foreclosure for nonpayment of property
taxes. ORS 275.225 authorizes a private sale if the parcel is unbuildable and has a
market value of less than $15,000. According to Assessor's records, the current real
market value of the lot is $4,950.00. The City of Redmond provided a statement
regarding the unsuitability for building on the parcel.
At their work session January 19, 2011, the Board of County Commissioners directed
staff to proceed with the sale. According to ORS 275.225(3) staff published notice of
the proposed sale in The Bulletin February 4, 2011. No objections were received.
Teborima paid a $1,000 non-refundable processing fee and signed a Sale and
Purchase Agreement. They will pay the full purchase price in advance of receiving the
deed.
Agreement Starting Date: 1upon sign Ending Date: N/
Annual Value or Total Payment: JPurchase price $4,950 and $1,000 processing fe
N/A
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
N/A
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
NIA
Funding Source: (Included in current budget? ❑ Yes ❑ No
7/21/2011
If No, has budget amendment been submitted? ❑ Yes ❑ No
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: -v f"~ -7/1/,-1/ 11
Signature Date
Distribution of Document:
Original to Teresa Rozic for recording with the County Clerk.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number 2011-111
Date
7/19/2011
•r
CITY OF REDMOND
Community Development Department
December 13, 2010
Mark Eberhard
PO Box 845
Redmond, Oregon 97756
RE: Deschutes County Map# 151316AA06500
Dear Mr. Eberhard,
716 5W Evergreen
PO Box 726
Redmond, OR 97756-0100
(541)923-7722
Fax: (541) 548-0706
www.redmond.or.us
You are inquiring about the above/below referenced property in the city limits of Redmond. The
property is located in our C-2 zone and is in our Downtown Overlay District.
This property is currently owned by Deschutes County. You have expressed Interest in purchasing
this property in association with the surrounding parcels, which you are endeavoring to acquire.
This parcel is actual only a portion of a parcel. The size of this property is approximately 50' x 10'
(500 square feet).
Deschutes Co Tax Map
20100
6200 4, -
6300
2
-__ —__-4
3
c;6500j
6400
PT 4
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AerialPhotograph, Summer 2009
6701
6700
14
6600
6502
8
7
6501
6
10i
20100
6200 4, -
6300
2
-__ —__-4
3
c;6500j
6400
PT 4
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AerialPhotograph, Summer 2009
The City supports an adjacent owner, like yourself, buying this parcel and combining it with
an adjacent property, like Tax Lot 6400. By combining the lot, it will be large enough to
have a viable business.
As it currently stands, the parcel is too small (500 square foot) to building anything
reasonable or practical in this zoning district This parcel doesn't appear to be able to
contain the appropriate characteristics for even basic development, a building, parking,
and landscaping. As a comparison, a 500 -square foot building is closer to the size of a small
shed on a residential property than a commercial business in our downtown.
In summary, Cities generally avoid declaring parcels as `unbuildable" as it has legal
ramifications. However, to help you acquire this parcel, the City of Redmond declares that
the size of this parcel makes it impractical to build without an adjacent rorty.
I hope this letter works in showing the unlikely buildability of this parcel on its own, in
compliance with the standards set by Deschutes County.
If you need further assistance, please let me know.
Good luck in your endeavors.
Sincerely,
/e—an-'OC7-o
ok
Senior Planner
City of Redmond
(541) 923-7722
REVIEWED
LEGAL COUNSEL
After Recording, Return To:
Teborima LLC
PO Box 845
Redmond, OR 97756
For Recording Stamp Only
After Recording, Forward All Tax Statements To:
Same
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to TEBORIMA, LLC, an
Oregon limited liability company, Grantee, the following described real property:
The West Ten (10) feet of Lot Four (4), Block Twenty-two (22) of Original Townsite of the City
of Redmond, Deschutes County, Oregon.
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, 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 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 $4,950.00.
DATED this day of
ATTEST:
2011. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
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.
My Commission Expires:
Notary Public for Oregon
DOCUMENT NO.2011-111