HomeMy WebLinkAboutDoc 448 - Accept Quitclaim Deed - City of BendDeschutes County Board of Commissioner;
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 23, 2010
Please see directions for completing this document on the next page.
DATE: June 15, 2010
FROM: Susan Ross Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of signature of Document Number 2010-448, Acceptance of a Quitclaim Deed from he
City of Bend.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, Deschutes County and the City of Bend joined together to acquire the former Econo Lodg
property located at 3705 N. Hwy 97 to serve as an emergency shelter for the homeless. The facility was
needed when the Bethlehem Inn, which was then operating out of space provided in the County's p zblic
safety complex on a temporary basis, was unable to find a permanent location. The City used $25(,000
of its Community Development Block Grant (CDBG) allocation for a down payment on the proper':y
and the County provided $2.5 million for the balance of the purchase price.
The City of Bend has held title to the property since the acquisition, both to ensure that a CDBG
requirement mandating that the facility be maintained as a homeless shelter for a period of five yea's is
met and to facilitate a capital campaign by the Bethlehem Inn to acquire the site outright. Various
ownership options that would best support the fundraising efforts have been considered by all thre(
parties involved. However, the County continues to bear the greatest financial interest in the prope rty
and will be best served by obtaining full control of the title to offset the initial budget expenditure l.nd
to allow for continued negotiations concerning the long-term use of the site. The City has agreed to
transfer the title to the County through a quitclaim deed as attached.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document Number 2010-448.
ATTENDANCE: Susan Ross
DISTRIBUTION OF DOCUMENTS:
Original to Susan Ross 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:
June 16, 2010
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
Eric King
Type of Document: Quitclaim Deed
Goods and/or Services: N/A
Department:
City of Bend
Property & Facilities
Contractor Phone #:
388-5505
Background & History: In 2007, Deschutes County and the City of Bend joined
together to acquire the former Econo Lodge property located at 3705 N. Hwy 97 to
serve as an emergency shelter for the homeless.
The City of Bend has held title to the property since the acquisition to facilitate a capital
campaign by the Bethlehem Inn to acquire the site outright. Various ownership options
that would best support the fundraising efforts have been considered by all three parties
involved. However, the County continues to bear the greatest financial interest in the
property and will be best served by obtaining full control of the title to offset the initial
budget expenditure and to allow for continued negotiations concerning the long-term
use of the site. The City has agreed to transfer the title to the County through a
quitclaim deed.
Agreement Starting Date:
Upon signature
Annual Value or Total Payment: [N/A
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 ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
6/17/201C
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:
Susan Ross Phone #:
383-6713
Department Director Approval: (4/ `( e(7(
Signature Date
Distribution of Document: Original to Susan Ross 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 Date
Document Number
6/17/2010
After recording return to:
Jim Long
710 NW Wall Street
Bend, OR 97701
QUITCLAIM DEED
o
The City of Bend, an Oregon municipal
corporation,
of Oregon, all erights title ands initerestaims t n and t uthe
tes
County, a political subdivision of the State
following described real property :
SEE EXHIBIT "A"
BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT,
PERSON'S RIGHTSR FOANY, UNDER ORS
N TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE 11, CHAPTER 424,
195.300, 195.301 AND 195.305 TO 195.336 ANS NOT ALSECTIONS 5 LOW USEO OF THE PROPERTY
OREGON LAWS 2007. THIS INSTRUMENT DOESE
DESCRIBED IN THIS INSTRUMENT IN VIOLATIONTHPS APLI ICABLE LANDNSTRUMENTU THEAPERSON
WS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING
ACQUIRING FEE TITLE TO THE PROPERTYOVERIDCHECK FY THAT HITH THE E UNIT OFPLAND BEANG
TE
CITY OR COUNTY PLANNING DEPARTMENT TO
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS
92.010 OR 215.010, TO VERIFY THE APPONS VEDFARMINUSESO OR ORESTF THE LOT OPRACTICES, TO
DETERMINE ANY LIMITS ON LAWSUITS AG
S
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 195.33E
AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007."
There is no monetary consideration for this conveyance.
Until a change is requested, all tax statements shall be sent to the following address:
Deschutes County, 1300 NW Wall Street, Suite 200, Bend, Oregon, 97701
lA ,
Dated this c� day of 2010
THE CITY OF BEND
4
Eric King, City Mer
State of Oregon
County of Deschutes
This instrument was acknowledged before me on
Manager for the City of Bend.
.4„(ja.y
Notary Public for Oregon (2 // / '4 2
My Commission Expires: l
Ac - •ted by:
DESCHU COUNTY
a 0�d
, 2009- by Eric King as C: ity
ICA. MAL
"Y PUt r4 ASHER
iTAR ` PU DUkC-OREGON
pCAMMitigiON NO. 432448
lit E'Pi ?: r vEt
i
Dave Kanner, County Adminis
State of Oregon
County of Deschutes
or
This instrument was acknowledged before me on
County Administrator for Deschutes County.
Notary Public for Oregon
My Commission Expires:
, 2010 by Dave Kanner as
Order No. 099580
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Southeast Quarter of the Northeast Quarter of Section Twenty (2)),
Township Seventeen (17) South, Range Twelve (12"), East of the Willamette Meridian,
Deschutes County, Oregon, more particularly described as follows:
Beginning at a point on the West boundary of the said SE1/4NE1/4, said point being
North 0°23'28" East, a distance of 328.47 feet from a Ford Axle Monument at the
Southwest corner of said SE1/4NE1/4 of Section 20, Township 17 South, Range 12, East of
the Willamette Meridian, Deschutes County, Oregon; thence South 89°35'11" East for 3.75
feet to the Easterly right of way line of the Old Dalles-California Highway; thence
South 89°35'11" East, 334.70 feet to the true point of beginning; thence South
89°35'11" East, 72.0 feet; thence North 0°23'28" East for 3.5 feet; thence South
89°35'11" for 78.00 feet; thence South 0°23'28" West for 231.50 feet; thence South
89°32'15" East for 168.90 feet, more or less to the Westerly right of way line of I.S.
Highway 97; thence Southwesterly along said right of way for 100.00 feet, more or less
to the South boundary of said SE1/4NE1/4, Section 20, Township 17 South, Range 12, East
of the Willamette Meridian, Deschutes County, Oregon; thence North 89°32'15" West to a
point from which the true point of beginning bears North 0°23'28" East; thence North
0°23'28" East to the true point of beginning.
EXCEPTING THEREFROM the following parcel:
Beginning at a point which is located North 79°08' East, a distance of 513.48 feet from
the Southwest corner of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4 of
Section 20; thence South 0°23'28" West to the South boundary of said SE1/4NE1/4; t}.ence
Easterly along said South boundary to the Westerly right of way line of U.S. Highwi.y
97; thence Northerly along said Westerly right of way line a distance of 100.00 fe4:t,
more or less, to an iron pipe; thence Westerly a distance of 150.00 feet to the pont
of beginning.
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners,
does hereby accept the foregoing Quitclaim Deed pursuant to ORS 93.808.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ATTEST: ALAN UNGER, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
DATED this day of , 2010.
STATE OF OREGON
) ss.
County of Deschutes
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:
REVIEWED
LEGAL COUNSEL