01011901 ~ 135th Ave FOi;M No. 1456—DEEDPERSONAL REPRESENTATIVE (Individyal or Corooratel. STEVENS NESS LAW PUB CO PORTLAND
1.I.74 ' '
PERSONA L REPRESENTATIVE'S DEED Tiair
THIS INDENTURE Made this 11th day of June , 19 81 , by and
between JERRY M. BURGE and ROBERT W. BURGE, Co-Personal Representatives
the duly appointed, qualified and acting personal representative of the estate of John M. Burge
, deceased, hereinafter called the first party, and
TIGARD WATER DISTRICT, a municipal subdivision of the State of Oregon,
hereinafter called the second party; WITNESSETH:
For value received and the consideration hereinafter stated, the receipt whereof hereby is acknowledged, the
first party has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto
the said second party and second party's heirs, successors-in-interest and assigns all the estate, right and interest of
the said deceased at the time of decedent's death, and all the right, title and interest that the said estate of said de-
ceased by operation of the law or otherwise may have thereafter acquired in that certain real property situate in the
County of Washington , State of Oregon, described as follows, to-wit:
As described on Exhibit "A" attached hereto and by this reference made a part
hereof.
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
TO HAVE AND TO HOLD the same unto the said second party,and second party's heirs, successors-in-interest
and assigns forever.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 16,000.00
• lHoweveFr#he-a al-oonoideigation-oe mets-ei-ef:-inekidesothery oflegy-or-valgaa-given-or-premised-wbicb-is rn af�
eerisiderafien(4reiieaEe-whisk3.ti2
IN WITNESS WHEREOF, the said first party has ecuted this i strument; if party is a corporation,
it has caused its corporate name to be signed hereto a : is corporate se affixed its officers duly authorized
thereunto by order of its Board of Directors. / r
1/401111
- -- - -- ---- -- ------- - --
(II first party is a corporation,affix corporate seal.) Personal Repre: t: ive
of the Estat- of John M, I urg• Deceased.
NOTE—The sentence between the symbols rQ,if not applicable, should be deleted. See ORS 93.030.
STATE OF OREGON, ) STATE OF OREGON,County of )ss.
ss.
County of
) , 19
Washington a//19 o1 Personally appeared and
W who, being duly sworn,
Personally appeared the rove named
t�.e-rt..W. Bury
each for himself and not one for the other, did say that the former is the
president and that the latter is the
and acknowledged the foregoing fnstru- secretary of
meet be eix 1 ret c deed. , a corporation,
in ties re•resen £ret` c p4atf i'. and that the seal affixed to the foregoing instrument is the corporate seal
of said corporation and that said instrument was signed and sealed in be-
Be •r -. half of said corporation by authority of its board of directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
(OFFIC L Before me:
�..- ...
(OFFICIAL
A otary Public for Oregon Notary Public for Oregon SEAL)
My commission expires: 17,,)S L My commission expires:
Jerry M. Burge & Robert W. Burge STATE OF OREGON, }Ss.
County of
GRANTOR'S NAME AND ADDRESS I certify that the within instru-
merit was received for record on the
Tigard Water District day of , 19 ,
at o'clock M., and recorded
in book/reel/volume No on
GRANTEE'S NAME AND ADDRESS SPACE RESERVED
After recording rA f5f15ON, rsrr,' pageFOR
/ or as document/fee/file/
J RECORDER'S USE instrument microfilm No.
Attorneys At Lw Record of Deeds of said county.
a:s5'S; W. Center St. - P. O. Box 23005- Witness my hand and seal of
Tigarde Oregense7n3 County affixed.
Until a change is requested all tax statements shall be sent to the following address.
NAME TITLE
By Deputy
NAME.ADDRESS.ZIP
,Title Number : 23-4202
AMENDED EXHIBIT "A"
PARCEL I
A tract of land in Section 4, Township 2 South , Range 1 West of
the Willamette Meridian, in the Cot}nty of Washington and State
of Oregon, described as follows :
The North 185 feet of the West 225 feet of that certain tract of
land conveyed to John M. Burge and Ann C. Burge as described in
Book 434, page 73, Deed Records , Washington County , Oregon, more
particularly described as follows :
Beginning at the center of said Section 4 which point is also the
centerline of S .W. 135th Avenue ; thence East along the one-quarter
section line a distance of 225 feet to a point ; thence South and
parallel with the West line of the Southeast one-quarter of Section 4,
a distance of 185 feet to a point ; thence West and parallel with the
North line of the Southeast one-quarter of Section 4, a distance of
225 feet to said West one-quarter section line ; thence North along
said West one-quarter section line 185 feet to the point of beginning;
excepting therefrom a 25 foot strip along the entire West side for
a public road.
ALSO EXCEPTING THEREFROM that portion previously deeded to Tigard
Water District as described in Book 875 , page 251 , Deed Records ,
Washington County, Oregon.
PARCEL II
All right, title and interest, if any, owned by John M. Burge, now deceased, at the
time of his death on October 1, 1978, in and to the following described lands:
A tract of land in Section 4, Township 2 South, Range 1 West , of
the Willamette Meridian, in the County of Washington and State of
Oregon, described as follows :
Beginning at a point 150 feet East of the Southwest corner of Lot 31,
HANDY ACRES , a recorded subdivision in said Section 4-which point is
also the Southeasterly corner of that certain parcel of land conveyed
to the Tigard Water District as recorded in Book 403 , page 274, Deed
Records , Washington County; thence continuing East along the South
line of said Lot 31 , HANDY ACRES , a distance of 50 feet to a point ;
thence South 6 . 65 feet, more or less , to the one-quarter section line;
thence West along the said one-quarter 'section line 50 feet to the
Northwest corner of that parcel of land conveyed Tigard Water District
as described in Book 875 , page 251 , Deed Records , Washington County,
Oregon; thence North 5 . 17 feet , more or less , to the point of beginning.
•
Transamerica Transnme
Title Insurance
nce Company
Title Insurance Services Box 360
345 East Main Street
Hillsboro,Oregon 97123
(503)648-0681
• 'Tigard Water District r Transamerica Title Insurance Co .
8841 S .W. Commercial Tigard, Oregon
Tigard, Oregon 97223 Attn: Judy
Attn: Robert E. Sentee lcc 231 01
L 2cc _J L
L J L
May 27, 1981 SUPPLEMENTAL
Escrow Number : 23-4202-5
Escrow Officer : Laurie Stroscheim
Title Number : 23-4202
Title Officer
PRELIMINARY REPORT FOR •
® Owner's ❑ Purchaser's 0 ALTA 0 Standard Mortgagee's
Liability $ 16 ,000 .00 $
Premiums $ 120 .00 $
We are prepared to issue title insurance in the form and amount shown above. This Report is preliminary
to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the
full premium therefore paid. The land hereinafter described is:
See attached AMENDED EXHIBIT "A"
and as of May 15 , 19 81 at 8:00 A.M., title is vested in:
JERRY M. BURGE and ROBERT W. BURGE and BEVERLY ANN JEPSON and MARY KAY
EATON and JERRY M. BURGE and ROBERT W. BURGE in Trust Nevertheless for
the Benefit of SHIRLEY SUE CHAMBERS , each as to undivided one-fifth in-
terest , all as tenants in common.
(continued)
Form No.0-734.3
Transamerica
Title Insurance Services
Title Number : 23-4202
Page 2
The policy shall be issued subject to the usual printed conditions and stipulations and exclusions from
coverage appearing in such policy form and the following:
1. The rights of the public in and to that portion of the above
property lying within the limits of roads and highways .
2. The property described herein is subject to a Washington County
transfer tax of $1. 00 per thousand based on the consideration given,
payable on transfer of property.
3. As disclosed by the assessment and tax roll, the premises herein
have been specially assessed as forest land. If the land becomes dis-
qualified for this special assessment under the statute , an additional
tax plus interest may be levied for the last five or lesser number of
years in which the land was subject to this special land use assessment .
4. This report does not include a search for financing statements
filed in the office of the Secretary of State, or in a county other
than the county wherein the premises are situated, and no liability
is assumed if a financing statement is filed in the office of the
County Clerk covering timber on the premises wherein the lands are de-
scribed other than by metes and bounds or under the rectangular survey
system.
NOTE: Terms and provisions of Trust Agreement , as set forth in the
last Will and Testament, Probate No . E-3022 filed in Washington County.
NOTE: We find no judgments or United States Internal Revenue Liens
against Tigard Water District , a municipal corporation.
NOTE: Taxes for the year 1980-81 in the amount of $42 . 69 , paid in
full. Code 179 , Account No . 2S1 4, Tax Lot 600 , New No. 479002 .
(INCLUDES OTHER PROPERTY)
END OF REPORT
NL/jp/aw
Form No.0-734.4
Tithe Number : 23-4202
AMENDED EXHIBIT "A"
•
PARCEL I
A tract of land in Section 4, Township 2 South, Range 1 West of
the Willamette Meridian, in the County of Washington and State
of Oregon, described as follows :
The North 185 feet of the West 225 feet of that certain tract of
land conveyed to John M. Burge and Ann C. Burge as described in
Book 434, page 73, Deed Records , Washington County, Oregon, more
particularly described as follows :
Beginning at the center of said Section 4 which point is also the
centerline of S .W. 135th Avenue; thence East along the one-quarter
section line a distance of 225 feet to a point ; thence South and
parallel with the West line of the Southeast one-quarter of Section 4,
a distance of 185 feet to a point ; thence West and parallel with the
North line of the Southeast one-quarter of Section 4, a distance of
225 feet to said West one-quarter section line; thence North along
said West one-quarter section line 185 feet to the point of beginning;
excepting therefrom a 25 foot strip along the entire West side for
a public road.
ALSO EXCEPTING THEREFROM that portion previously deeded to Tigard
Water District as described in Book 875 , page 251, Deed Records ,
Washington County, Oregon.
PARCEL II
, . 4 )
A tract of land in Section 4, Township 2 South, Range 1 West , of
the Willamette Meridian, in the County of Washington and State of
Oregon, described as follows :
Beginning at a point 150 feet East of the Southwest corner of Lot 31,
HANDY ACRES , a recorded subdivision in said Section 4 which point is
also the Southeasterly corner of that certain parcel of land conveyed
to the Tigard Water District as recorded in Book 403 , page 274, Deed
Records , Washington County; thence continuing East along the South
line of said Lot 31, HANDY ACRES , a distance of 50 feet to a point ;
thence South 6 . 65 feet, more or less , to the one-quarter section line;
thence West along the said one-quarter section line 50 feet to the
Northwest corner of that parcel of land conveyed Tigard Water District
as described in Book 875 , page 251 , Deed Records , Washington County,
Oregon; thence North 5 . 17 feet, more or less , to the point of beginning.
A ,
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•
TIGARD WATER DISTRICT
8841 S. W. CC a:S.r2;C1KL
TIGARD, OI E,X.P;
May 21, 1981
•
Fred:
Enclosed are the revised legal descriptions with metes
and bounds.
Also enclosed is some past correspondence between you
and Ken Baines in 1971-72 relating to the Handy property,
located just north of the one-quarter section line. (Appar-
ently, this parcel of land is or was owned by Amelia S.
Handy and is not a hiatus) . Even then you had some reserva-
tions about conveying lands which were not owned by Burge.
However, after talking with Ken Baines, you decided to
deliver a bargain and sale deed without warranties and
representations as to ownership. It is significant to
note that the Bargain and Sale Deed was not recorded.
You will notice on the last page of the Amelia Handy
will (attached hereto) that the number of beneficiaries are
too numerous to contact. Therefore, it was believed best
to acquire the land by adverse possession (if that term is
correct) .
If it is not too much trouble, I believe the water dis-
trict would, again, appreciate a bargain and sale deed for
Parcel II in this case.
In the meantime, I will take the revised legal descrip-
tions to Transamerica Title for incorporation into an updated
and final title report and eventual insurance policy.
Finally, why didn't I deem it necessary to own this addi-
tional land 9 years ago when we first went through this drill?
P. S. When we finish I will take the documents to Gordon
Osaka for his review.
Transam
rica
Transamenca Title Insuerance Company
Title Insurance Services Box 360
345 East Main Street
Hillsboro,Cregon 97123
ir (503) 648-0681
Tigard Water District
8841 S .W. Commerc.ial
Tigard, Oregon 97223
Attn: Robert E. Sentee
2`-'c L L
L P f
L L L
December 23 , 1980
Escrow Number : 21-4902-5
Escrow Officer : Laura Str.ocheint
Title Number : 23-4202
Title Officer
PRELIMINARY REPORT FOR •
❑ Owner's ❑ Purchaser's ❑ ALTA ❑ Standard Mortgagee's
Liability $l__ , 000. 00 $
Premiums $ 50. 00 Partial Billing $
We are prepared to issue title insurance in the form and amount shown above, This Report is preliminary
to the issuance of a policy of title insurance and shall begome null and void unless a policy is issued, and the
full premium therefore paid. The land hereinafter described is:
See attached EXHIBIT "A" ,
and as of _ December 15 , 19 80 at 8:00 A.M., title is vested in:
Heirs at Law and/or Devisees of JOHN M. BURGE, deceased.
(continued)
Form No.0-734.:3
Transamerica
Title Insurance Services
T
Title Number : 93-4209
Page 2 •
The policy shall be issued subject to the usual printed conditions and stipulations and exclusions from
coverage appearing in such policy form and the following:
1 . The rights of the public in and to that portion of the above
property lying within the limits of roads and highways .
2. Due probate and administration of the Estate of John M. Burge ,
deceased, Probate No. E-3022 , which proceedings are pending in the
Circuit Court for Washington County. Jerry M. Burge and Robert W.
Burge were appointed as personal representatives and have power to
execute the forthcoming conveyance. Attorney for estate , Anderson ,
Dittman and Anderson.
3. Judgments , if any, against the vestee herein, no search having
been made therefore , on the assumption that the property will be sold in
Probate No. E-3022 .
4. The property described herein is subject to a Washington County •
transfer tax of $1. 00 per thousand based on the consideration given,
payable on transfer of property.
5 . As disclosed by the assessment and tax roll, the premises herein
have been specially assessed as forest land. If the land becomes
disqualified for this special assessment under the statute , an additional
tax plus interest may be levied for the last five or lesser number of
years in which the land was subject to this special land use assessment .
6. This report does not include a search for financing statements filed
in the office of the Secretary of State , or in a county other than the
county wherein the premises are situated, and no liability is assumed
if a financing statement is filed in the office of the County Clerk
covering timber on the premises wherein the lands are described other than
by metes and bounds or under the rectangular survey system.
NOTE : We find no judgments or United States Internal Revenue Liens
against Tigard Water District , a municipal corporation.
NOTE: Taxes for the year 1980-81 in the amount of $42 . 69 , paid in full .
Code 179 , Account No. 2S1 4, Tax Lot 600, New No. 479002 .
(INCLUDES OTHER PROPERTY)
END OF REPORT
NL/jp
Form No.0-734.4
Title Number: 23-4202
EXHIBIT "A"
PARCEL I
A tract of land in Section 4, Township 2 South, Range 1 West of the
Willamette Meridian, in the County of Washington and State of Oregon,
described as follows :
The North 185 feet of the West 225 feet of that certain tract of land
conveyed to John M. Burge and Ann C. Burge as described in Book 434,
Page 73 , Deed Records , Washington County , Oregon, more particularly
described as follows :
The North one-half of the West three-quarters of the Northwest one-quarter
of the Southeast one-quarter of Section 4, Township 2 South, Range 1 West
of the Willamette Meridian, Washington County, Oregon ; excepting therefrom
a 25 foot strip along the entire West side for public road and also except
the East 20. 0 feet of said tract conveyed to The Public for public road
by deed recorded in deed book 260, Page 310 .
EXCEPTING THEREFROM that portion previously deeded to Tigard Water
District as described in Book 875 , Page 251 , Deed Records , Washington
County, Oregon.
PARCEL II
A tract of land in Section 4, Township 2 South, Range 1 West of the
Willamette Meridian , in the County of Washington and State of Oregon,
described as follows :
Beginning at a point 150 feet East of the Southwest corner of Lot 31 ,
HANDY ACRES , a recorded subdivision in Section 4, Township 2 South,
Range 1 West of the Willamette Meridian, Washington County, Oregon which
point is also the Southeasterly corner of that certain parcel of land
conveyed to the Tigard Water District as recorded in Book 403, Page 274,
Washington County Deed Records ; thence continuing East along the South
line of said Lot 31 , HANDY ACRES , a distance of 50 feet to a point ;
thence South 6. 65 feet , more or less , to the one-quarter section line ;
thence West along the said one-quarter section line 50 feet to the Northwest
corner of that parcel of land conveyed to Tigard Water District as described
in Book 875 , Page 251, Deed Records , Washington County, Oregon ; thence North
5 . 17 feet , more or less , to the point of beginning.
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