HomeMy WebLinkAboutDoc 164 - Deed to City of Bend�JTES
w 2�
❑ -
Deschutes County Board of Commissioner,;
1300 NW Wall St., Suite 200, Bend, OR 97701-1961
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ori.;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 3, 2010
Please see directions for completing this document on the next page.
DATE: February 23, 2010
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2010-164, a Bargain & Sale Deed to the City of Bend.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Upon the expiration of the redemption period, Deschutes County will record a Tax Deed that conveys
title to the real property taken in foreclosure for nonpayment of property taxes. The deed recorded in
January of this year included a parcel that is within a portion of the right of way for Powers Road (see
attached map).
It appears that the original developer of the surrounding property did not properly convey title to that
tract of land. Ultimately, Deschutes County foreclosed on it for nonpayment of property taxes. Staff
contacted legal counsel for the City of Bend and determined that the city will accept title to this tract.
There is no reason for the county to hold land that is within a city street.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2010-164.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic to obatin acceptance by the city and to record the deed.
QUAILP SNE -L -OOP
J
I al
H',
l' z
w
z W
E ' C
2 a
0 o
w
181207AA05790 g
7
is
JESSI \ i
CA -CT
f1
WAPITI -CT
1 IL•
1,
t-' MILLBROOK LN
!�o \ROCK BL-UFF CIR
y W
1
HERON -LOOP ?..
CLIFFROSE-DR
• 1 I i
BRASS DR
PORCUPINE -DR
1ANER-P.OINTIR 1 �
/ice • -
Iii
HOL-L-YGRAPE ST
'
r
0
�L_...
Ei
COVEY L -N Q•
POWERS -RD --_.
- SALLY -Y -CT
PORTER PL -
2' I
H
BETH AVE-
, ....-
1 w
� I i
�: MOUNT -HOPE L --N—_
I � m
MOUNT FAITHi PL ._..
t I
J.
zl
0
0
CUMULUS -LN
I.I
CIRRUS
1
1RI2nRtc03100
I
ELIZABETH LN
l
BADGER -RD
O.L.-TERA-6,11L
V
SORRENTO-PL
II i' II
• I
a
z I
w
CT
PINEBROOK BLVD -,d
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:
Please complete all sections above the Official Review line.
February 23, 2010
Contractor/Supplier/Consultant Name:
Contractor Contact:
NIA
Department:
NII
Type of Document: Bargain & Sale Deed
Goods and/or Services: N/A
Property & Facilities
Contractor Phone #:
N/A
Background & History: A parcel taken by foreclosure for nonpayment of property
taxes this year is a piece of land within a city street right of way. It appears that there
was an error by the original developer; he conveyed an easement rather than fee title to
the strip. With this deed the county will convey fee title to the City of Bend.
Agreement Starting Date:
Upon recording
Annual Value or Total Payment:
/None
Ending Date:
❑ 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)
Funding Source: (Included in current budget? ❑ Yes U No
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 ❑ NI(;
2/23/201)
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Teresa Rozic Phone #: 385-1414
Signature Date
Distribution of Document: Original to Teresa Rozic to obtain acceptance by the City
and to record the deed.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Adrninistrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
2/23/201(
REVIEWED
LEGAL COUNSEL
After Recording, return to and
forward all tax statements to:
For Recording Stamp Only
City of Bend
PO Box 431
Bend, Oregon 97709
BARGAIN AND SALE DEED
DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to the CITY OF
BEND, a municipal corporation, Grantee, the real property described in Exhibit A, attached hereto and
incorporated herein by this reference.
SUBJECT TO all encumbrances of record and those common and apparent on the land.
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. 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.
The true consideration for this conveyance is other value given that is the whole consideration.
DATED this day of March, 2010. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice -Chair
Recording Secretary
STATE OF OREGON )
) ss.
County of Deschutes )
TAMMY BANEY, Commissioner
Before me, a Notary Public, personally appeared DENNIS R. LUKE, 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 , 2010.
Notary Public for Oregon
My Commission Expires:
MORE SIGNATURES FOLLOW
DOCUMENT NO. 2010-164 1
DC 2010 -1611
ACCEPTANCE
THE CITY OF BEND does hereby accept the foregoing Bargain and Sale Deed pursuant to ORS 93.E08.
DATED this day of , 2010.
CITY of BEND
By:
STATE OF OREGON
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared and acknowledged the
foregoing instrument on behalf of the City of Bend.
DATED this day of
, 2010.
Notary Public for Oregon
My Commission Expires:
DOCUMENT NO. 2010-164 2
EXHIBIT A
Parcel 1: Description of a parcel of land situated in a portion of the NE1/4 SE1/4 of Section 7, Township
18 South, Range 12 East, W.M., City of Bend, Deschutes County, Oregon, more particularly described
as follows: Commencing at a 1/2" rebar monumenting the Southeast 1/16 corner of Section 7, Township
18 South, Range 12 East, Willamette Meridian, the Initial Point; thence S89°59'03"W along the South
line of the NE1/4 SE1/4 of said Section 7 - 106.16 feet to the POINT OF BEGINNING; thence North -
358.57 feet to the boundary of "ELKHORN RIDGE - PHASES 3 AND 4"; thence along said boundary as
follows: East - 30.00 feet; thence S71 °33'54"E - 31.62 feet; thence South - 348.58 feet to the South line
of said NE1/4 SE1/4; thence leaving said boundary - N89°59'03"W along said South line - 60.00 feel to
the POINT OF BEGINNING. The same containing 21,365 square feet, subject to all existing easements
and rights-of-way over and across the above described parcel of land.
Parcel 2: Description of a parcel of land situated in a portion of the NE1/4 SE1/4 of Section 7, Township
18 South, Range 12 East, W.M., City of Bend, Deschutes County, Oregon, more particularly described
as follows: Commencing at a' " rebar monumenting the Southeast 1/16 corner of Section 7, Township
18 South, Range 12 East, Willamette Meridian, the Initial Point; thence S89°59'03"W along the South
line of the NE1/4 SE1/4 of said Section 7 - 106.16 feet; thence North - 288.57 feet to the POINT OF
BEGINNING; thence North - 70.00 feet to the boundary of "ELKHORN RIDGE - PHASES 3 AND 4";
thence West along said subdivision boundary - 105.43 feet to the East boundary of Deschutes County
Major Partition No. MJP-88-04; thence S00°03'01 "W along said partition boundary - 36.72 feet; thence
S00°02'16"W along said partition boundary - 23.28 feet; thence East - 95.48 feet; thence 15.71 feet
along the arc of a 10.00 foot radius curve concave Southwest (forming a central angle of 90°00'00" and a
long chord bearing S45°00'00"E - 14.14 feet) to the POINT OF BEGINNING. The same containing 3349
square feet, subject to all existing easements and rights-of-way over and across the above described
parcel of land.
DOCUMENT NO. 2010-164 3
