Yamhill County board accepts bid tied to easement securing access for Charlton property

The Yamhill County Board of Commissioners voted to accept a bid from the Geneva Hoy Trust to convey county land and record an access easement that will provide legal access to property owned by David and Roberta Charlton.

Michael Gunn, attorney representing David and Roberta Charlton, told the board the disputed access road lies entirely on county-owned parcel 3215 AA00400 and that a signed easement from the Hoy trustee had been provided. Gunn said the lack of a recorded easement had prevented the Charltons from completing a sale after a title company declined to insure access. “They have agreed to that easement,” Gunn told commissioners, referring to a signed draft from Teresa Michofsky on behalf of the Geneva Hoy Trust.

The nut graf: the board’s action resolves a title defect that halted a pending sale of the Charltons’ property by authorizing the county to convey a narrow easement across county land to establish a continuous recorded access path from Quarry Road to the Charlton parcel. County staff said the county had already accepted the Hoy Trust’s bid and that the board’s motion was to finalize acceptance and instruct staff to proceed with sale documents and recording.

Gunn presented maps and survey work by Lee McDonald that, he said, show the traveled road falls within county property before it intersects a recorded 60-foot private easement on adjoining property. He described a chain of three rights-of-way to provide access: the proposed county easement, a 20-foot county road right-of-way created by an historical subdivision, and a 60-foot private ingress/egress easement on Hoy/related parcels. Gunn recommended the board accept the bid, execute a quitclaim deed and record the easement and deed in sequence so title could be cleared.

County staff told the board the accepted bid amount was $16,119 and that the purchaser (the Hoy Trust) must submit the remaining 90 percent of the purchase price within 10 business days. Staff said, if the funds arrive on time, a board order could be returned to the board as soon as the following week. The board voted to finalize acceptance and direct staff to proceed; the motion passed by voice vote.

Board members and staff distinguished between what was discussion only (survey interpretation and a possible scrivener’s error in a legal description) and formal action (acceptance of the bid and direction to staff to complete sale paperwork). Commissioners asked staff to confirm the easement legal description and survey before recording; Gunn said he would follow up with the surveyor and county staff to resolve any scrivener’s issues.

The board’s action does not itself record the easement or transfer title. Staff said the sale is contingent on receipt of the bid balance and completion of closing paperwork. Gunn and his clients prompted the action by explaining that without a recorded easement a title endorsement for insured access had been refused and a prior buyer withdrew their offer.

The matter arose during the board’s agenda item for consideration of an accepted bid and a proposed easement; public comment included detailed maps and a legal memorandum submitted by Gunn. The board made a motion to accept the previously announced bid from the Geneva Hoy Trust for $16,119 and to instruct staff to proceed with the sale, contingent on required closing funds and confirmation of legal descriptions.

Ending: Staff said they would prepare a board order resembling earlier parcel sales once funds are received; if the Hoy Trust delivers payment within the required period, the board could place a final order on an upcoming agenda for formal recording of the deed and easement.