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Commissioners delay sale of county tax-foreclosed parcel after survey raises access and easement questions
Summary
The board set the matter over to Jan. 23 after landowners and an attorney presented new survey evidence suggesting a public road and mapping errors affect access across county-owned Tax Lot R3215AA00400.
The Yamhill County Board of Commissioners on Jan. 9 set over consideration of accepting a bid for county-owned Tax Lot R3215AA00400 after attorneys and neighbors presented new survey information and requested additional time to negotiate an easement.
Michael Gunn, an attorney from Dundee, told the board he represents David and Roberta Charlton, owners of two adjoining tax lots. Gunn said a McMinnville surveyor was retained and produced documents showing the subject road — long used for access — appears to lie largely on the county parcel rather than on adjacent private property. Gunn said the county assessor’s map for the tax lot is incorrect and that the survey evidence changes the parties’ understanding of legal access.
Gunn asked the board to continue the matter two weeks so the parties can provide additional documentation and work toward an ingress-and-egress easement that would allow the Charltons to obtain legal access and allow the buyer (listed in the bid acceptance as Geneva J. Hoy Trust) to take title with the parcel encumbered by the easement. Gunn referenced a prior 2023 county action where the board accepted a conveyance while encumbering a property with an access easement.
A commissioner recused himself from the discussion, saying the prospective buyer was a family relation (he cited a familial tie) and stepped aside for the parcel conversation.
Neighbor Joseph Michalski of Eugene said at the meeting that he and the Charltons have a congenial relationship and are willing to negotiate terms for an easement; he told commissioners he supports a two-week continuance to let attorneys finalize documents. The board indicated no additional formal action was required other than setting the matter over; staff confirmed the item will be placed on the Jan. 23 agenda for further review.
The original opening bid reported in the meeting packet was $16,119; the board previously voted to accept the bid contingent on negotiation of an easement with adjacent owners, but Gunn and neighbors said the recent survey changes the factual record and requires more time to reach agreement.
The board did not accept or reject the conveyance at the Jan. 9 meeting and instructed staff to return the item to the Jan. 23 agenda so parties can submit additional materials and pursue an easement agreement prior to final board action.
