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HomeMy WebLinkAboutDoc 612 - Special Warranty Deed to CountyDeschutes 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 September 22, 2010 Please see directions for completing this document on the next page. DATE: September 7, 2010 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of signature of Document 2010-612, Acceptance of a Special Warranty Deed from US Bank. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Deschutes County acquired portions of property known as the Government Center (1300 NW Wall Street) in 1989 and financed the acquisition with Certificates of Participation ("COPs"). The COPs were refunded in 1999 via a Lease Purchase Agreement ("the Agreement"). US Bank, the Trustee, holds title to the Pledged Property (see attached map) until the debt is paid. The debt has been paid in full; the final payment was made on June 1, 2009. According to Section 2.2, the Agreement terminates upon final payment. According to Section 2.5 of the Agreement, Deschutes County is entitled to clear title to the lands pledged under the agreement. The Trustee signed a Special Warranty Deed on August 25, 2010. ORS 93.808 requires that the Board of County Commissioners accept the conveyance prior to recording the document with the County Clerk. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2010-612. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original toTeresa Rozic for recording. 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: 9/07/2010 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Glendy Yuen Property & Facilitiei US Bank, N.A. Contractor Phone #: Type of Document: Acceptance of Special Warranty Deed Goods and/or Services: N/A 206.344.4660 Background & History: Deschutes County acquired portions of property known as the Government Center (1300 NW Wall Street) in 1989 and financed the acquisition with Certificates of Participation ("COPs"). The COPs were refunded in 1999 via a Lease Purchase Agreement ("the Agreement"). US Bank, the Trustee, holds title to the Pledged Property (eight separate tax lots). The debt has been paid in full; the final payment was made on June 1, 2009. According to Section 2.2, the Agreement terminates upon final payment. According to Section 2.5 of the Agreement, the Trustee will convey the Pledged Property to Deschutes County by special warranty deed. The bank signed a special warranty deed on August 25, 2010. ORS 93.808 requires that the Board of County Commissioners accept the conveyance prior to recording the document with the County Clerk. Agreement Starting Date: Upon signature Annual Value or Total Payment: N/AI Ending Date: ❑ Insurance Certificate Received check box) Insurance Expiration Date: N/AI 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 9/7/2010 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: � / - °l (1 /90 i 0 Signature Distribution of Document: Original to Teresa Rozic for recording. Date Official Review: County Signature Required (check one): D BOCC D Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 2010-612 9/7/2010 z 0 Courthouse Justice Bldg NW-HARRIMAN-ST Mike Maier Bldg Courthouse Annex 1 NW -NORTON -AVE Deschutes Services Bldg NW LAFA\ ETTE-AVE 0 • 0 B c d m 0 -0 3 NW KEARNE-Y--AVE Property & Facilities / Information Technology NW -VERMONT -PL z w m DESCHUTES COUNTY GOVERNMENT CENTER County Owned Property "Pledged Property" N After Recording, Return To And Send Tax Statements To: For Recording Stamp Only Deschutes County Property Management Dept 14 NW Kearney St Bend, OR 97701 SPECIAL WARRANTY DEED BANK OF AMERICA, NATIONAL ASSOCIATION, Charlotte, NC, successor by merger to Security Pacific Bank Oregon formerly known as THE OREGON BANK, as Trustee for Deschutes County, a political subdivision of the State of Oregon, Grantor, conveys and specially warrants to DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee, the real property described in the attached Exhibit "A", incorporated herein by this reference, free of encumbrances created or suffered by the Grantor except as specifically set forth herein. 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 consideration for this conveyance is full payment and performance of the obligation secured by Lease -Purchase Agreement (1998 Series B), by and between U.S. Bank Trust National Association, as Lessor, and Deschutes County, Oregon, as Lessee, dated as of December 1, 1998. DATED this J ' day of Al'e' a-5-7 , 2010. BANK OF AMERICA, NATIONAL ASSOCIATION, Charlotte, NC, successor by merger to Security Pacific Bank Oregon formerly known as THE OREGON BANK, as Trustee for Deschutes County, a political . • ivisio •f the State of Oregon By: U.S. ank N.A., as Successor .0.6(.14) '/ Y4 -16 -Ai ,j S 70 -VP ir' (-,Ut.S/0 2- r STATE OF WASHINGTON ) County of King ) ss. I certify that I know or have satisfactory evidence that Glendy Yuen is the person who appeared before me, and said person acknowledged that she/he signed this instrument tated that she/he was authorized to execute the instrument and acknowledged it as thass#aert Vice President of U.S. Bank National Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. .,`%%0'1'44,,, DATED this ‘.76--- day • , 2010. 3• aQraG / = - r • ` 'ifl 9r i f(Signature).61‘ My appointment expires: 1 ''oo d�ti.1.14 ,�, �� i: :111.:!. .-r-• • ,,,,,Of fw1AS�o,,. PAGE 1 OF 2 ACCEPTANCE Deschutes County, acting by and through its Board of County Commissioners, does hereby accept the foregoing special warranty 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 STATE OF OREGON ) ss. County of Deschutes TAMMY BANEY, Commissioner REVIEWED LEGAL COUNSEL 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: Order No. 125124 Page 4 EXHIBIT "A" LEGAL DESCRIPTION A portion of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon, described more particularly as follows: Beginning at the Southeast comer of said NW1/4NE1/4; thence South 89°57'41" West, 250.00 feet; thence North 38°33'30" East, 138.19 feet; thence North 89°57'41" East, 163.41 feet; thence South 00°14'22" East, 108.00 feet to the point of beginning. ALSO: Lots Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11) in Block Two (2) of NORTH ADDITION, recorded August 1, 1918, in Cabinet A, Page 9, City of Bend, Deschutes County, Oregon. Order No. 125125 Page 4 EXHIBIT "A" LEGAL DESCRIPTION A tract of land lying in the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at the Southwest corner of the NE1/4NE1/4 of Section 32, Township 17 South, Range 12, E.W.M.; thence North 105 feet; thence East 48 feet; thence South 105 feet; thence West 48 feet to the point of beginning, being a tract of land in the Southwest corner of what is known as Tract Thirty-one (31) of LYTLE ACRES. Order No. 125122 Page 4 EXHIBIT "A" LEGAL DESCRIPTION A portion of the Northwest Quarter of the Northeast Quarter (NW 1/4NE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon, described more particularly as follows: Beginning at the Southeast corner of said NW1/4NE1/4; thence South 89°57'41" West, a distance of 356.62 feet to the Easterly boundary of Wall Street; thence North 38°33'30" East, 266.14 feet to the South line of the Oregon Trunk Spur; thence North 89°57'41" East, 189.72 feet along the South line of Spur Tract, to the East line of the aforesaid NW1/4NE1/4; thence South 00°14'22" East, 208.00 feet to the point of beginning. EXCEPTING THEREFROM a portion of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section 32, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and more particularly described as follows: Beginning at the Southeast corner of said NW1/4NE1/4; thence South 89°57'41" West, 250.00 feet; thence North 38°33'30" East, 138.19 feet; thence North 89°57'41" East, 163.41 feet; thence South 00°14'22" East, 108.00 feet to the point of beginning. EXHIBIT "A" The North Half (N1/2) of Parcel No. 30 of the Unrecorded Plat of LYTLE ACREAGE, more particularly described as follows: Beginning at a point 872 feet South and 1072 feet West of the NE corner of Section Thirty-two (32), Township Seventeen (17) South, Range 12, East of the Willamette Meridian, Deschutes County, Oregon, said point being the NE corner of said tract or Parcel No. 30; thence South, 100 feet; thence West, 200 feet; thence North, 100 feet; thence East, 200 feet to the point of beginning. Together with that portion of vacated Hill Street which inured to said property by Ordinance No. NS - 1853, recorded April 24, 2003 as Instrument No. 2003-26983, Deschutes County Official Records. Order No. 125126 Page 4 Exhibit "A" Beginning at a point on the East line of and North 00°14'22" West, a distance of 238.00 feet from the Southeast corner of the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon, said point being the Northeast corner of that parcel of land described in Book 58, Page 112, Deed Records; and running thence North 00°14'22" West along the East line of said NW1/4NE1/4, a distance of 199.70 feet to a 5/8" iron rod which is East of a point on the Easterly right of way of Wall Street, said point being North 38°33'05" East, 559.98 feet along said Easterly right of way from the South line of said NW1/4NE1/4 per that deed recorded in Book 16, Page 324 of Deed Records; thence West, 5.94 feet to a 5/8" iron rod on the Easterly right of way of Wall Street; thence South 38°33'05" West, 255.49 feet to the Northwest corner of that parcel of land described in Book 58, Page 112, Deed Records; thence South 38°33'05" West, 13.88 feet to the Southwest corner of said parcel; thence leaving said right of way South 86°11'10" East, 32.00 feet to the angle point in the South boundary of said parcel; thence North 89°57'41" East, 142.78 feet to the East line of said NW1/4NE1/4 and the Southeast corner of said parcel; thence North 00°14'22" West, 13.00 feet to the point of beginning. Order No. 125121 Page 4 EXHIBIT "A" LEGAL DESCRIPTION Lot One (1) through Six (6), inclusive, Block Two (2), NORTH ADDITION, recorded August 1, 1918, in Cabinet A, Page 9, in the City of Bend, Deschutes County, Oregon. EXCEPTING THEREFROM that portion of Lots Four (4) and Five (5) in Block Two (2), NORTH ADDITION, in the City of Bend, Deschutes County, Oregon, more particularly described as follows: Beginning at the Southwest corner of said Lot 5; thence North 38°33'30" East along the East line of Wall Street, 50.00 feet; thence South 51°26'30" East, 62.73 feet to the North line of Lafayette Avenue, 80.20 feet to the point of beginning. TOGETHER WITH that portion of the vacated alley in Block 2, NORTH ADDITION to the City of Bend, Deschutes County, Oregon, being bounded on the West by the East line of Lots 1 through 5, inclusive, in said Block 2, on the East by the West line of Lot 6 in said Block 2, on the South by the North line of Lafayette Avenue and on the North by the South line of the Northwest Quarter of the Northeast Quarter (NW 1/4NE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon, said alley being vacated by Ordinance No. N.S.-207 approved November 30, 1934. EXHIBIT "A" The South Half (S1/2) of Parcel No. 30 of the Unrecorded Plat of LYTLE ACREAGE, more particularly described as follows: Beginning at a point 1072 feet South and 1072 feet West of the NE corner of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon; running thence North, 100 feet; thence West, 200 feet; thence South, 100 feet; thence East, 200 feet to the point of beginning. Together with that portion of vacated Hill Street which inured to said property by Ordinance No. NS - 1853, recorded April 23, 2003 as Instrument No. 2003-26983, Deschutes County Records.