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Services Departments Government

Surplus Real Estate Auction

Date: May 14, 2014
Location: Development Services Building Auditorium
150 Beavercreek Rd., Oregon City, Oregon (map directions)
Time: Registration begins at 9 a.m.
Auction begins promptly at 10 a.m.

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This is an Oral Auction. NO SEALED BIDS WILL BE ACCEPTED. You will need to register on the day of the auction prior to bidding. Registration begins at 9:00 am and the auction begins promptly at 10:00 am. Upon registration you will receive a bidder number which you will use for bid identification. Be advised that Clackamas County reserves the right to delete any parcel or parcels from the sale for any reason up to the time of sale.

CONDITIONS OF SALE:

All parcels are sold AS-IS. Clackamas County does not offer Title Insurance, and the County shall make no warranties or guarantees regarding the title of the property offered for sale, but shall only sell and convey such interest as the County acquired by foreclosure or other means and holds at the time of sale. You as a potential bidder should thoroughly investigate all aspects of the property prior to bidding. Clackamas County Property Resources does not guarantee or warrant that any parcel is usable for any particular purpose.

HELPFUL INFORMATION:

TERMS:

20% of the listed minimum bid is due as a deposit at the time of sale. The balance shall be due and deposited with Clackamas County Property Resources no later than 2 business days following the auction. See ORAL PUBLIC Auction Rules below for more details.

QUESTIONS:

If you have any questions regarding the Auction process, please contact Clackamas County Property Resources at 503-742-4384. PLEASE NOTE: County office hours are 7:00 a.m. - 6:00 p.m., Monday through Thursday.

ORAL PUBLIC AUCTION RULES

  1. Minimum bid/Deposit:On the day of the Auction, all participants should have in hand cash equal to 20% of the minimum advertised price for each property they hope to acquire. Once accepted from the successful bidder, deposits are not refundable. Acceptable forms of payment shall be cash or cashier's check. Personal checks, business checks or money orders will not be accepted. Cashier's checks should be made payable to: Clackamas County.
  2. High Bid: The property shall be sold to the highest bidder who meets or exceeds the minimum advertised price. All sales shall receive final authorization before execution of the contract or deed. The County Commissioners may authorize final sales, or may delegate the authority to authorize final sales to a named representative of a County agency.
  3. Cash Sales: All balances from cash sales shall be due and payable to Clackamas County Property Resources within two business days following the Auction except for those sales where the buyer chooses to purchase Title Insurance. In this case, Buyer shall pay the remaining balance due at closing.
  4. No Bids: If no acceptable bid is received at the public auction, the County may sell the parcel at a subsequent date pursuant to ORS Chapter 275.200(2). The County does not sell property "over the counter".
  5. Pre-bid Inspections: Bidder should thoroughly inspect property and /or circumstances. Property is sold "as is". Bidder should check with the appropriate city or county planning department to verify approved uses. County Commissioners reserve the right to reject any and all bids. All properties offered and sold at Auction are subject to all easements, conditions and restrictions of record. No surveys are made or have been made pursuant to the established property lines. All bidders should have inspected parcels prior to sale. Properties may be partially dedicated for public purposes for use for roads, easements or other purposes. Jurisdictional wetland may exist on the offered parcels. Development in wetlands may require permits from the Clackamas County Planning Dept., the Oregon Division of State Lands, and/or the US Army Corps of Engineers. The buyer acknowledges this possibility and assumes responsibility for appropriate permits or other requirements. Purchaser acknowledges the responsibilities as the LANDOWNER under Forest Practice Rules, as described in ORS 527.665-710 and as per OAR Chapter 629, Division 600 thru 699.
  6. Title Insurance: Title Insurance is NOT offered by the County on properties being sold. The County shall not warrant or defend that titles are free of defects or encumbrances. Purchasers may choose to purchase title insurance on their own. Purchaser and Seller will pay usual and appropriate closing fees.

NOTICES

Oregon Revised Statute 275.088 governs sales of tax foreclosed real property to county officers, employees, and their family members and intermediaries. It is the sole responsibility of the bidder to determine if this statute applies to him or her. For more information contact Clackamas County Property Resources at 150 Beavercreek Rd., Oregon City, Oregon 97045, 503-742-4384.

ORS 275.088 Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser.

  1. As used in this section:
    1. "Actual conflict of interest" has the meaning given that term under ORS 244.020.
    2. "Bona fide purchaser" means a purchaser of a fee simple interest in a single property who acquires the property in an arm's-length transaction and for fair market value and adequate consideration.
    3. "Discretionary action" means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.
    4. "Ministerial action" means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.
  2. An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.
  3. A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure; sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.
  4. In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 (see below) or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:
    1. Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or
    2. If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county.

ORS 244.350 Civil Penalties

  1. The Oregon Government Standards and Practices Commission or the court under ORS 244.260 (8) may impose civil penalties not to exceed $1,000 for violating any provision of this chapter or any resolution adopted pursuant thereto except that for violation of ORS 244.045 the commission may impose a civil penalty of not to exceed $25,000.
  2. The commission may also impose civil penalties not to exceed $1,000 for violating any provision of ORS 192.660. However, a civil penalty may not be imposed under this subsection if the violation occurred as a result of the governing body of the public body acting upon the advice of the public body's counsel.
  3. Any penalty imposed under this section is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law, including removal from office. [1974 c.72 s.19; 1977 c.588 s.10; 1987 c.360 s.3; 1993 c.743 s.29; 1993 c.747 s.2; 1997 c.750 s.2]

ORS 244.360 Forfeiture of twice financial benefit

The Oregon Government Standards and Practices Commission, in addition to civil penalties prescribed in ORS 244.350, may require any public official who has financially benefited the public official or any other person by violation of any provision of this chapter to forfeit twice the amount that the public official or any other person realized from violating any provision of this chapter. [1974 c.72 s.20; 1987c]

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Development Services Building Auditorium
150 Beavercreek Rd., Oregon City, Oregon (map directions)