HomeMy WebLinkAboutDoc 108 - Quitclaim Deed - Reversionary ClauseDeschutes 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 February 25, 2015
Please see directions for completing this document on the next page.
DATE: February 11, 2015
FROM: James Lewis Property& Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2015-108, a Quitclaim Deed to the City of Bend to
remove a reversionary clause.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On January 5, 1949, Deschutes County conveyed approximately 50 +/-acres ofland on the south slope
of Awbrey Butte to the City of Bend. At the time of this conveyance, the deed contained a reversionary
clause to Deschutes County, requiring that the property be used for public purposes for no less than 20
years (as a requirement of State law). Pursuant to ORS 271.330, upon receiving evidence that the
statutory requirement for public use has been maintained for not less than 20 years, the reversionary
requirement can be relinquished. In this instance, the reversionary obligation for public use ended in
January, 1969. The available evidence indicates that up until that time, the owners and uses of the
property have all been for the public benefit. The Quitclaim deed releases and quitclaims to the City of
Bend all of Deschutes County's right, title and interest in and to the subject property.
FISCAL IMPLICATIONS:
No on-going implications. Deschutes County releases and quitclaims to the City of Bend all of
Deschutes County's right, title and interest in and to the property for other value given that is the whole
consideration.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2015-108.
ATTENDANCE: James Lewis, Property Manager
DISTRIBUTION OF DOCUMENTS:
Original to James Lewis.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
After recording return to: Send tax statements to:
City Attorney City Attorney
City of Bend City of Bend
710 NW Wall St. 710 NW Wall St.
Bend OR 97701 Bend OR 97701
QUIT CLAIM DEED
Deschutes County, a political subdivision of the State of Oregon, Grantor, releases and quitclaims to
the City of Bend, an Oregon municipal corporation, Grantee, all right, title and interest in and to the
following described real property described as:
The Southeast Quarter of the Southeast Quarter, Section 30, Township 17 S, Range 12 East of
the Willamette Meridian; and the South 300 Feet of the Northeast Quarter of the Southeast
Quarter, Section 30, Township 17 South, Range 12 East of the Willamette Meridian.
The interests released include all rights to any possibility of reverter and other reversionary interests
reserved in the deed dated January 5, 1949, recorded in Book 88 of Deschutes County Official
Records, Page 598.
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 LA WS 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."
Consideration is other value given that is the whole consideration.
SIGNATURES ON FOLLOWING PAGES
Page 1 of 2 QUIT CLAIM DEED Deschutes County Doc. No. 2015-108
Dated this of ,2015 BOARD OF COUNTY COMMISSIONERS --------------~ OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared ANTHONY DeBONE, 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 _____---', 20_.
Notary Public for Oregon
My Commission Expires: _______
Accepted by: STATE OF OREGON )
) ss.
THE CITY OF BEND County of Deschutes )
This instrument was acknowledged before me on
_~-____, 2015 by Eric King as City
Eric King, City Manager Manager for the City of Bend.
Notary Public for Oregon
My Commission Expires: _______________
Page 2 of2 -QUIT CLAIM DEED -Deschutes County Doc. No. 2015-108