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HomeMy WebLinkAboutDoc 211 - Deed - Foreclosed PropertyDeschutes County Board of Commissioner s 1300 NW Wall St., Suite 200, Bend, OR 97701-196) (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 31, 2010 Please see directions for completing this document on the next page. DATE: March 18, 2010 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2010-211, a Bargain and Sale Deed. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This year Deschutes County foreclosed on 60276 Arapaho Lane (Lot 7, Deschutes River Woods). En preparing to sell the property at auction, staff discovered that the same person owned Lot 7 and the adjacent Lot 6 since 1977. Public records indicate that Helen Klingenberg (who lives out of state) sold Lots 6 and 7 to a contract buyer in 1987 and then foreclosed in 2004. Taxes for both lots were current to that point. The court declared that all interest in Lots 6 and 7 be vested in Mrs. Klingenberg. In 2004, the Assessor charged the mailing address for Lot 6 but never received notice to change the address for Lot 7. Mrs. Klingenberg continues to pay taxes on Lot 6. When contacted by telephone, she said that she belie ved she was paying taxes on both lots. She is willing to purchase the property for the amount of taxes, interest and fees as authorized by (RS 275.180. At their work session March 17, 2010, the Board of County Commissioners agreed to all )w Mrs. Klingenberg to repurchase Lot 7. FISCAL IMPLICATIONS: Total payment of $2, 253.13 represents taxes and interest for six years, plus foreclosure fees. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2010-211. 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.) Date: March 18, 2010 Please complete all sections above the Official Review line. Contractor/Supplier/Consultant Name: Contractor Contact: Department: Property & Facilities Helen E. Klingenberg, Grantee Type of Document: Bargain & Sale Deed Contractor Phone #: Goods and/or Services: Repurchase tax deed property. 661-900-9495 Background & History: This year Deschutes County foreclosed on 60276 Arapaho Lane (Lot 7, Deschutes River Woods). The same person owned Lot 7 and the adjacent Lot 6 since 1977. Public records indicate that Helen Klingenberg (who lives in California) sold Lots 6 and 7 to a contract buyer in 1987 and then foreclosed in 2004. The court awarded all interest in Lots 6 and 7 be vested in Mrs. Klingenberg. Mrs. Klingenberg continues to pay taxes on Lot 6 but never changed her address with the Assessor's office for Lot 7. When contacted by telephone, she said that she believed she was paying taxes on both lots. She is willing to purchase the property for the amount of taxes, interest and fees ($2,253.13) as allowed by ORS 275.180. At their work session March 17, 2010, the Board of County Commissioners agreed to allow Mrs. Klingenberg to repurchase the property. Agreement Starting Date: Upon signature Ending Date: Annual Value or Total Payment: 11 $2,253.13 total payment Insurance Certificate Received (check box) Insurance Expiration Date: F Check all that apply: ❑ RFP, Solicitation or Bid Process Informal quotes (<$150K) 0 ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No 3/18/2( 10 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 f1 No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Department Director Approval: esa Rozic Phone #: 385-1414 Signature �r7dC 21 D to Distribution of Document: Original to Teresa Rozic for recording with the 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 Date Document Number 3/18/20 0 REVIEWED LEGAL COUNSEL For Recording Stamp Only After Recording, Return To: After Recording, Forward All Tax Statements To: Helen E. Klingenberg Paul Carroll Klingenberg 2103 1/2 Monterey St Bakersfield, CA 93305-5503 Same BARGAIN AND SALE DEED DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantor, conveys to HELEN E. KLINGENBERG and PAUL CARROLL KLINGENBERG, not as tenants in common, but with right of survivorship, Grantee, the following described real property: Lot Seven, Block Z, DESCHUTES RIVER WOODS, 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 E. 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 $2,253.13. DATED this day of , 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 DOCUMENT NO.2010-211 My Commission Expires: