2020-118862 ~ 16147 SW ROY ROGERS + f, THIS SPACE R Washington County,Oregon 2020-118862
a - n=8
11/23/2020 11:20:43 AM StJ CHOATE
$45.00$11.00$5.00$60.00 $121.00
• ' �� I,Margaret Garza,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
recorded in the book of records of said county.
After recording return to: Margaret Garza, Director of Assessment
City of Tigard and Taxation, Ex-Officio County Clerk
Attention: City Manager, 13125 SW
Hall Blvd.
Tigard, OR 97223
Until a change is requested all tax
statements shall be sent to the
following address:
City of Tigard
Attention: City Manager, 13125 SW
Hall Blvd
Tigard, OR. 97223
File No.: NCS-744087-0R1 (RM)
Date: September 10, 2015
1
STATUTORY WARRANTY DEED
William B. Kenny, Grantor, conveys and warrants to City of Tigard, an Oregon municipal
corporation , Grantee, the following described real property free of liens and encumbrances, except as
specifically set forth herein:
•
See Legal Description attached hereto as Exhibit "A" and by this reference incorporated herein.
-.ALL INTEREST IN ALL WATER RIGHTS APPURTENANT TO THE SUBJECT PROPERTY ARE INCLUDED IN
THIS CONVEYANCE -
Subject to:. See attached exhibit "B"
The true consideration for this conveyance is $1,400,000.00 **THIS DEED IS GIVEN IN
FULFILLMENT OF A CERTAIN CONTRACT OF SALE AND ESCROW INSTRUCTIONS, DATED
AUGUST 12, 2015, FOR A MEMORANDUM OF CONTRACT DATED SEPTEMBER 10r._2015
WAS RECORDED ON IL( IIS— AS INSTRUMENT NUMBER 41.0/5 -07 7r6
(Here comply with requirements of ORS 9 .030)
•
Page 1 of 5
APN, R528389 Statutory Warranty Deed File No.; NCS-744087.OR1(RM)
-continued
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, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS 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, SECTIONS 2 TO 9 AND 17
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. ,
Dated this / G( day of - t , 20 /5.
William B. Kenny
STATE OF Oregon )
il(WittlA )ss.
County of Wrirrgton )
This instrument was acknowledged before me on ` .-y
'''
, � of 5 '� � ;" . . �_� , 201 �`
by William B. Kenny. 1 ,/*/ ' ° `'�
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rlit .r-C)' .
My commission expires:
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•
Page 2 of 5
APN: R528389 Statutory Warranty Deed Pile No.: NCS-744087-0R1(RM)
-continued
This conveyance is approved as to form and content and accepted
by City of Tigard, an Oregon municipal corporation.
Approved as to form:
City of Tigard, an Oregon municipal Corporation
1111
...-i7)4,,, 40,.. ..-\
By: 6i 4 . •L»• tngl
as: �_ a a 1a9 .--
STATE OF Oregon )
County of 40- )
This instrument was acknowledged before me on this
day of Septem er, 10 2015 by t .
as � c. r ! . of City of Tigard, an
Oregon uni
de
cakporation on behalf of said entity.
z'-' f--)
. 7 1" "#4.1.‘*
Notary Public of Oregon
or
My commission expires: *ea-4_ ..77? , ....20/40,
40.11*) OFFICIAL SEAL. e
�� : NORMA I ALLEY
J c.,/,-----.1.:„.,E0,
' NOTARY PUBIC-OREGON
J COMMISSION NO.465295
) MY COMMISSION EXPIRES MARCH 23,2018
Page 3 of 5 •
APN: R528389 Statutory Warranty Deed File No.: NCS-744087-0R1(RM)
-continued
•
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
PARCEL I:
A portion of that tract of land in Section 18,Township 2 South, Range 1 West, of the
Willamette Meridian, in the County of Washington and State,of Oregon, described in patent
to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County,
Oregon, Deed Records, more particularly described as follows:
Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by
Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West
along the South line of said Lasich Tract, a distance of 1070 feet; thence North parallel with
the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420
feet South of the North line of said Lasich Tract when measured perpendicular thereto;
thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence
North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which
is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto;
thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the
East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a
distance of 930 feet, more or less, to the point of beginning.
EXCEPT the following described tract of land being situated in the Northwest one-quarter of
Section 18,Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon:
Commencing at the true point of beginning, located as follows from a stone on the centerline
of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-
quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the
North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19' 28" East,
546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly
Southwest corner of that tract described in Deed Book 754, Page 282, Washington County,
Deed Records; thence North 00° 19' 28" East, 356.97 feet; thence North 88° 50' 25" East,
91.65 feet; thence South 00° 19' 28" West, 358.82 feet; thence West 91.62 feet to the true
point of beginning.
PARCEL II: •
The following described tract of land being situated in the Northeast one-quarter of Section
18, Township 2 South, Range 1 West, of the Willamette Meridian; in the County of
Washington and State of Oregon:
Page I of 5
APN: R528389 Statutory Warranty Deed File No,: NCS-744087-0R1(RM)
-continued
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the
Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone
' marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence
West 60.00 feet; thence North 0°19' 28" East, 546.52 feet; thence East 60.00 feet; thence
South 00° 19'28" West, 546.52 feet to the point of beginning.
PARCEL III:
The following described tract of land being situated in the Northwest one-quarter and the
Northeast one-quarter of Section 18, Township.2 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon:
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West
1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the
' Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of .
S.W. Beef Bend Road; thence continuing West 291.09 feet to'the top of the bank of the
Tualatin River; thence along the top of the bank North 20° 46'32" West, 35.75 feet; thence
North 36° 59'20" West, 21.37 feet; thence North 21° 27' 20" West, 12.19 feet; thence
leaving said top of bank, North 84°59' 44" East, 322.83 feet; thence South 00° 19' 28" West,
90.00 feet to the point of beginning.
Page 5 of 5
EXHIBIT"8"
1. General and specie! taxes and assessments for the fiscal year 2015-
2016, a lien not yet due or payable.
2. The assessment roll and the tax roll disclose that the within
described premises were specially zoned or classified for Farm
use. If the land has become or becomes disqualified for such use
under the statute, an additional tax or penalty may be imposed.
3. The county tax roll discloses a mobile home on the herein described
premises which is not included in title insurance coverage. Subject
to requirements and provisions of Q.R.S. 311.280 pertaining to
mobile home taxes becoming liens on real property.
4. Rights of the public and governmental bodies In and to that portion
of the premises herein described lying below the high water mark of
Tualatin River and the ownership of the State of Oregon in and to
that portion lying below the high water mark thereof.
5. Any adverse claim based upon the assertion that some portion of
said land has been removed from or brought within the boundaries
thereof by an avulsive movement of the Tualatin River or has been
formed by the process of accretion or reliction or has been created
by artificial means or has accreted to such portion so created.
6. Covenants, conditions, restrictions and easements in the document
recorded January 10, 1884 as Book "T", page 515 of Official
Records, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race,
color, religion, sex, handicap, familial status, national origin, sexual
orientation, marital status, ancestry, source of income or disability,
to the extent such covenants, conditions or restrictions violate Title
42, Section 3604(c), of the United States Codes. Lawful restrictions
under state and federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
7. Restrictive Covenant to Waive Remonstrance, pertaining to
customarily (commonly) accepted farm or forestry practices,
including the terms and provisions thereof, recorded July 28, 1997
as Fee No. 97068876
8. Conditions, Restrictions and/or easement contained In and imposed
by Special Use approval 97-203-AD, including terms and provisions
thereof.
Recorded: August 05, 1997 as Fee No. 97072329
9. Right of Way as dedicated in Deed, including terms and provisions
thereof.
Recorded: August 11, 1997 as Fee No. 97073905
10. Restrictive Covenant to Waive Remonstrance, pertaining to road
improvement/maintenance, including the terms and provisions
thereof, recorded August 11, 1997 as Fee No. 97073906
11. Easement, including terms and provisions contained therein:
Recording Information: May 04, 1999 as Fee No. 99054630
In Favor of: Washington County
For: Slope and drainage
Affects: Parcel I
12. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: William B. Kenny and Norma B. Kenny, husband and
wife, Oregon Azaleas Inc., a Corporation
Grantee/Beneficiary: Northwest Farm Credit Services, FICA, a Corporation
organized under the Farm Credit Act of 1971, as
amended
Trustee: Landamerica Lawyers Title, a Corporation
Amount: $760,000.00
Recorded: May 16, 2003
Recording Information: Fee No, 2003-078071
The lien of said Deed of Trust was subordinated to the lien of
the instrument recorded ,June 19, 2009 as Fee No. 2009-055982,
November 04, 2009 as Fee No. 2009-095649, December 07,
2010 as Fee No. 2010-098691 and November 15, 2011 as Fee
No. 2011-080410 by agreement recorded August 23, 2012 as
Fee No, 2012-069467.
Modification and/or amendment by instrument:
Recording Information: August 23, 2012 as Fee No. 2012-069468
13. Easement, including terms and provisions contained therein:
Recording Information: February 03, 2014 as Fee No. 2014-006174
In Favor of: Portland General Electric Company, an Oregon
corporation
For: Electric Line
OREGON
ucmxrwcwr Certification of Charges Paid
~111111tdi'o/ REVENUE (2O15Oregon Laws Chapter 96)
Certification#
2020-029
All charges against the real property have been paid for the property that is the subject of the deed between:
Grantor
William B Kenny
Grantee
City of Tigard
Signed on(date) and for consideration of
9-14-2015 1,400,000.00
�
mmmmo/aaig^m Date
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CAI)
November23. 202O
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