HomeMy WebLinkAboutBargain-Sale Deed - Sale of PropertyDeschutes 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 January 7, 2009
Please see directions for completing this document on the next page.
DATE: December 30, 2008
FROM: Teresa Rozic Property and Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of .Document 2009-011, a Bargain and Sale Deed to Father's LLC
and Cooley Partners, LLC.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Staff received an offer from the adjacent property owner to purchase taxlot 171228-B0-01100 (a 20' x
430' 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. The buyers paid a $1,000 non-refundable processing fee and provided a letter from the City
of Bend on the "unbuildable" issue. County Counsel believes it meets the statutory requirement. Road,
Legal, Survey and Planning Departments reviewed the proposal to sell and had no objection to
disposing of the parcel. We prepared an opinion of value of $13,630 based on sales data obtained from
the Assessor. The buyers accepted the price. At a work session June 23, 2008, the Board directed staff
to proceed with the sale. Staff published legal notice of the proposed sale in the Bend Bulletin June 30,
2008. On December 10, 2008, the buyers signed a Sale and Purchase Agreement and paid the purchase
price with a cashier's check.
FISCAL IMPLICATIONS:
Revenue to Deschutes County is $14,630.00 (purchase price plus processing fee).
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009-011.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Please return the signed deed to Teresa Rozic for recording with the County Clerk and transmittal to the
buyers.
'5966 x-3'
$14,630.00 (purchase price plus processing fee'
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:
12/30/08
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Property and Facilities
Father's LLC and Cooley Partners LLC
Contractor Contact: Dan Steelhammer
Type of Document: Bargain and Sale Deed'
Contractor Phone #:
Goods and/or Services: Sale of real property pursuant to ORS 275.225
322 -
Background & History: Staff received an offer from the adjacent property owner to
purchase taxlot 171228-B0-01100 ( a 20' x 430' 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. The buyers paid a $1,000 non-refundable processing fee and provided a letter
from the City of Bend on the "unbuildable" issue. County Counsel believes it meets the
statutory requirement. Road, Legal, Survey and Planning Departments reviewed the
proposal to sell and had no objection to disposing of the parcel. We prepared an
opinion of value of $13,630 based on sales data obtained from the Assessor. The
buyers accepted the price. At a work session June 23, 2008, the Board directed staff to
proceed with the sale. Staff published legal notice of the proposed sale in the Bend
Bulletin June 30, 2008. On December 10, 2008, the buyers signed a Sale and
Purchase Agreement and paid the purchase price with a cashier's check.
Agreement Starting Date:
Upon signature
Annual Value or Total Payment:
Ending Date:
'N/Al
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)
N/A Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes No
12/30/2008
Is this a Grant Agreement providing revenue to the County? E 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 #:
Department Director Approval:
Signature
385-1414
/1/e p
ate
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Return the signed deed to Teresa Rozic for recording with the County Clerk and
transmittal to the buyers.
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 2009-011
12/30/2( 08
TO:
Property & Facilities Department
Susan C. Ross, Director
14 NW Kearney Street, Bend, OR 9770:1-1960
(541) 388-6594 • Fax: (541) 317-3168
www.co.deschut,3s.or.us
MEMORANDUM
Mike Berry - Survey
Tom Blust — Road
Laurie Craghead — Legal Counsel
Catherine Morrow — CDD
FROM: Teresa Rozic, Property & Facilities Department
DATE: June 5, 2008
RE: Private Sale of County -Owned Property
I received an offer to purchase Tax Lot 171228-B0-01100 (a 20' x 430' strip), which was
acquired by Deschutes County by foreclosure for nonpayment of property taxes. As you
know, ORS 275.225 authorizes a private sale if the parcel is unbuildable and has a market
value of less than $15,000.
The buyer gave us a letter from the City of Bend (attached) on the "unbuildable" issue.
Laurie Craghead believes it meets statutory requirement. I offered an opinion of value of
$13,630 and the buyer accepted the price.
Please let me know as soon as possible if you have a reason the County should not
dispose of this property. Thank you.
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710 WALL STREET
P.O. BOX 431
BEND, OR 97709
15411 388-5505 TEL
(541) 388-5519 FAX
www.ci.bend.or.us
BRUCE ABERNETHY
Mayor
LINDA S. JOHNSON
Mayor Pro Tem
MARK CAPELL
City Councilor
JIM CLINTON
City Councilor
Btu. FRIEDMAN
City Councilor
PETER GRAMLICH
City Councilor
CHRIS TELFER
City Councilor
ERIC KING
interim City Manager
SONIA ANDREWS
Finance Director
SANDRA L BAXTER
Interim Police Chief
LARRY LANGSTON
Fire Chief
Dan Steelhammer
376 SW Bluff Dr. Ste 1
Bend, OR 97702
RE: vacant land at Tax Map 17-12-28B Tax Lot 1100
Dear Dan:
I am responding to your letter dated January 17, 2008. In that letter it is
stated that your client is looking to purchase the subject property from
Deschutes County, and in order to complete the transaction, the county
is requesting that your client provide confirmation from the City of Bend
that indicates the property in question is not buildable.
According to the deed that was submitted for review with this request,
the property was created as a 20'x 430' strip of land. The properly as it
currently exists is in the same configuration as it was created in. In
addition, according to the deeds it does not appear that the property was
created as part of a required buffer, additional setback, or any other
requirement that was tied to a land use decision. Given that, it can be
found that the existing lot depth, 20 feet, when combined with the
required setbacks for the lot, 10 foot front yard and 5 foot rear yard,
makes the lot virtually unbuildable.
However, it shall be noted that if the property is combined with a another
property as part of development proposal, the potential for the subject
area to be developed may increase. A final determination can only be
made when application for development of the subject property is made
to the City of Bend Planning Division.
If you have further questions please feel free to contact me at 388-5563.
Sincerely,
PATRICIASTELL Craig C enoweth
City Recorder
REVIEWED
LEGAL COUNSEL
After Recording, Return To:
Father's LLC and Cooley Partners LLC
2314 NW Savier St
Portland, OR 97210
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 FATHER'S LLC, an
Oregon corporation (50%) and COOLEY PARTNERS, LLC, an Oregon corporation (50%), Grantee, the followi ig
described real property:
The north twenty feet (20') of Tract Seven (7) of BOYDS ACREAGE, Deschutes County, Oregon.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLI
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 ANL
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 $13,630.00.
DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
STATE OF OREGON
) ss.
County of Deschutes
Before me, a Notary Public, personally appeared TAMMY BANEY, DENNIS R. LUKE 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 , 2009.
TAMMY BANEY, Chair
DENNIS R. LUKE, Commissioner
ALAN UNGER, Commissioner
Notary Public for Oregon
BARGAIN & SALE DEED
DOCUMENT N0.2009-011
My Commission Expires:
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