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HO Decision (532)
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HO Decision (532)
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Last modified
5/23/2022 11:15:41 AM
Creation date
10/30/2024 4:11:58 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-038
Document_Date
5/13/2021
Land Use Type
Administrative Review
Tax_Lot_Number
061W35D001600
Document_Type
Decision
Site_Address
14300 BLOCK OF EVANS VALLEY RD NE
Additional Info
061W35D001400
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I <br /> • • <br /> i <br /> irrevocable, and when the trust becomes irrevocable, "only th trustee is the owner." <br /> ORS 195.300(18)(c). Although the beneficiaries had a vested interest in the property, <br /> the beneficiaries were not "owners" until the conveyance from West Coast Trust by <br /> warranty deed on June 14, 2010. <br /> A beneficiary is not legally obligated to accept trust assets even with vested interests. <br /> The form of vesting does not impact the titled ownership interest. A vested interest is <br /> not ownership of the property or title. <br /> Applicant argues that the June 14, 2010 deed "unified ownership interests in the <br /> Beneficiary" and should not be considered a true conveyance. The Applicant suggests <br /> that the warranty deed did not "convey the Property" because the beneficiaries already <br /> had an ownership interest in the subject property. <br /> The plain meaning of the text of Measure 49 and the Oregon Uniform Trust Code <br /> forces the conclusion that upon the death of the settlor (original claimant), the <br /> Trustee became the only owner and the beneficiaries became holders of vested <br /> interests. The beneficiaries did not have ownership until the conveyance of titled <br /> ownership by warranty deed on June 14, 2010. Further, the beneficiaries were <br /> notified that the ten-year development timeline was triggered by the Warranty Deed <br /> in June, 2010, and again in September, 2015, when Gretchen L. Ryne transferred <br /> her ownership interest to the Gretchen Lee Ryne Revocable Living trust that stated <br /> that the ten year development period had already begun to run based upon an <br /> earlier transfer. <br /> The entitlement to prosecute the claim passed to West Coast Trust upon the <br /> Claimant's death. The Trustee conveyed ownership of the property to Gretchen L. <br /> Rhyne and Justine C. Fogarty on June 14, 2010. This conveyance of titled <br /> ownership initiated the ten-year timeline for development. Because the ten-year <br /> timeline started on June 14, 2010, the Measure 49 claim expired on June 14, 2020, <br /> and on that date, there was no dwelling legally built on the Subject property. <br /> This criterion is not met. <br /> Applicant correctly states that if the trust had not existed, the right to prosecute the <br /> Measure 49 claim and establish a homesite on the subject property would have <br /> passed to the living children of Mary Ruhl Dodds without triggering the ten-year <br /> development period. But, the trust did exist, and that right passed to the trustee <br /> when the trust became irrevocable. <br /> 19. The Claimant's qualification for one home site is subject to the following term: <br /> 13. To the extent that any law, order, deed, agreement or other legally <br /> enforceable public or private requirement provides that the subject property may <br /> not be used without a permit, license or other form of authorization or consent, <br /> 14 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />
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