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98-042555 F 2 OF OREGON County of Washington SS I, Jerry R. Hanson, Director of Assess- ment and Taxation and Ex-Officio County Clerk for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said AFTER RECORDING, RETURN TO: county. ~b v Attn: Dominic G. Colletta O'Donnell Ramis Crew Jerry R. Hanson, Director of Corrigan & Bachrach Assessment and Taxation, Ex- Officio County Clerk Attorneys at Law Doc : 9t3 04255'-1 1727 NW Hoyt Street Re c t: 2 0 7 4 9 7 38. 00 Portland, OR 97209 04/27/1998 0 9:17:3 5 am UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENT S SHALL BE SENT TO THE FOLLOWING ADDRESS: Mr. Duane Roberts City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 I i STIPULATED JUDGMENT BETWEEN THE CITY OF TIGARD vs. DORIS M. FERREL ORIGINAL I-~ j he-CEIVED MUL T NOMAH COUP,! T y LASI-IIE R ' 1337 OCT -9 PM I: 09 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON i 2 FOR THE COUNTY OF MULTNOMAH 3 CITY OF TIGARD, OREGON, ) a municipal corporation, ) 4 ) Plaintiff, ) No. 87-02-01071 5 ) ENTERED IN V. ) STIPULATED JUDGMENREGISTER 6 ) DORIS M. FERREL, ) 7 ) OCT 121981 Defendant. ) 8 CIRCUIT COURT 9 THIS MATTER having come before the Court, base3tnuponC~hneY~ Qf~ 10 stipulation of the parties hereto, as evidenced by their signatures it below, 12 NOW, THEREFORE, IT IS HEREBY ORDERED that Judgment be 13 entered, vesting in the City of Tigard title to the real properties 14 as are particularly described in the attached legal description 15 designated as Exhibit A. 16 The City has deposited with the Clerk of the Court an 17 advance deposit, pursuant to ORS 35.265, in the amount of 18 $2,550.00. As the parties have reached a settlement, the Clerk of 19 20 21 22 23 24 25 26 Page 1 - STIPULATED JUDGMENT O'DONNELL, RAMIS, ELLIOTT & CREW Attomeys at Law 1727 N. W. Hoyt Street Portland, Oregon 97209 15031 222-4402 1 the Court will return said deposit to the City. No party shall 2 recover any costs against the other in this action. 3 DATED this day of OCT 9 1987 1987. 4 5 Circuit Judg 6 7 I S SO STIPULATED: S Y I 9 CHARLES E. COR IIGAN, OSB #76108 Of Attorneys f r Plaintiff 10 11 , nORIS M. FERR L 12 13 JA Tj'~OMAS BAISCH, OSB #74024 14 Of Attorneys for Defendant Doris M. Ferrel 15 16 17 18 19 20 21 22 23 24 25 26 _y Page 2 - STIPULATED JUDGMENT 7 O'pONNELI, RAMIS, ELLIO7T & CREW Attorneys at Law 1727 N. W. Hoyt Street Portland, Orre2q~ 209 • ■ ii MEMORANDUM CITY OF TIGARD TO: Gus Duenas, Ji>R'fiendryx FROM: Bill Monahan rlY1 DATE: July 16, 1998 SUBJECT: Easement over the Doris M. Ferrel Property at SW North Dakota Street A few months ago it was discovered that an easement which was to be transferred to the City in 1987 had never been recorded. The City Attorney's office has taken steps to secure proper transfer of the easement. Enclosed is a letter from Sharon Beisley of the O'Donnell, Ramis firm, along with the Stipulated Judgment conveying the easement to the City. Please make this information available to your staff. WAM\jh attachment i:\adm\bill\071698-1.doc MEMORANDUM CITY OF TIGARD TO: Dee Wise FROM: Bill Monahan. DATE: July 16, 1998 SUBJECT: Stipulated Judgment for the Doris Ferrel Property Attached is a letter from Sharon Beisley of our City Attorney's office, along with the original Stipulated Judgment for the Doris Ferrel property which conveys an easement to the City of Tigard. Please maintain these originals in the City's permanent files. Thank you for your assistance. WAM\jh attachment i is \adm\bill\071698-2 . doc I A _ ~...•y''~~ r':.°+"~"~= ...t'++-rv'.-..~ ~ ~ -"L'3a.S_ "~:>~a.',. .d 'Ik'"-~'~.,'` ^ ,.r_e+.s•.s +w e~+^-.c«-._."~-.i- yt. ~''`c~-'~:..s+wy d.=~ N. C 0, h- .TL. H~cA1,r7 D.L.C. !s4 Exhibit A 7.1-5. ~ R. l W W M, Page 2 of 2 i i ZD' -S 6 9"-;-4,00 -z- 26 9.514, - - - I - _ _ _ - N ~ a I Re v, sed o ~ O P 51. V~ DA~ 589 33 00 1N 0.23 M/L Tax Lot No. 2300 O Tax Map No. IS-1-34DB M Owner: Doris'M. Ferrel Deed Ref: Book 302 (recorded Dec. 20, 1949) Additional Right-of-Way contains \ 1983 Square Feet more or less ~ IO- O P 6r; S '2 'IN °3618'E 2S Jo. Off-? Q S ,~3T.~~'~'yt ` t'~''_ Trs afL t'~. ~ arr~ -"ria''°?r'?~e ems` ,"_i., i -~.r ~t~3 ? -g,~~;,£ _++J~'s+~t7Zyi'~~'' es - Right of Way Acquisition Description Exhibit "A" Ferrel to Public Page 1 of 2 EXHIBIT "A" A tract of land lying in the Northwest one-quarter (1/4) of the Southeast one-quarter (1/4) of Section 34, Township 1 South, Range 1 West, Willamette Merdian, City of Tigard, Washington County, Oregon and being that portion of the tract of land conveyed to Edward F. Ferrel and Doris M. Ferrel (Recorded Dec. 20, 1949) in Book 302 of the Washington County Deed Records, that lies northerly of the following described line: Beginnin& at a point that is S 0°10' E 132.49 feet and S 0°03' W 81.11 feet and N 86 38'28" E 30.053 feet from the northwest corner of the J.L. Hickin DLC No. 54 T1S, R1W, W.M.; said Beginning Point is also on the southerly line of that tract of land conveyed to Lawrence P. Kalsch and described in Book 1197, Pages 633 and 634 (Recorded Sept. 6, 1977) of the Washington County Deed Records; thence N 0°03'00" E 67.41 feet to a point of curvature; thence northeasterly along the arc of a 20 foot radius curve to the right, through a central angle of 64°45'29" (chord bears N 32°25'44" E 21.421 feet) 22.605 feet to a point of reverse curve; thence northeasterly along the arc of a 380.00 foot radius curve to the left, through a central angle of 10°19'23" (chord bears N 59°38'47" E 68.373 feet) 68.465 feet to a point of reverse curve; thence northeasterly along the arc of a 320.00 foot radius curve to the right, through a central angle of 35°57'54" (chord bears N 72°28'03" E 197.586 feet) 200.867 feet to a point' of tangency; thence S 89033'00" E 0.23 feet more or less to a point on the east line of that tract of land, conveyed to Edward F. Ferrel and Doris M. Ferrel (Recorded Dec. 20, 1949) in Book 302 of the Washington County Deed Records, said point also lies 30 feet southerly at right angles to the center line of S.W. North Dakota Street, County Road No. 452. Basis of Bearing: Washington County, Plat of County Road No. 1992 Dated November 1964. Rev. 5/05/87 Rev. 9/17/86 8/20/86 86.551.118 i I O'DONNELL RAMIS CREW CORRIGAN BACHRACH LLP July 14 1998 ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 VIA CERTIFIED MAIL ARTICLE NO. P 914 972 969 Mr. William A. Monahan Administrator MFF H. BACHRACH City of Tigard MARK L. BUSCH 13125 SW Hall Boulevard KELLY W.G. CLARK Tigard, OR 97223-8199 D. DANIEL CHANDLER++ DOMINIC G. COLLETTA" CHARLES E. CORRIGAN' Re: Doris M. Ferrel%City of Tigard Judgment STEPHEN F. CREW MARTIN C. DOLAN Dear Bill: GARY FIRESTONE' WILLIAM E. GAAR• I have enclosed for the City's records the original recorded Stipulated G. FRANK HAMMOND Judgment for the Doris Ferrel property which conveys an easement to the MALCOLM JOHNSON' City. I will also provide a copy of the recorded judgment to the other MARK P. O'DONNELL Z'. CHAD PLASTER* effected parties in this matter. TIMOTHY V. RAMIS WILLIAM J. STALNAKER I am also providing to you a copy of a Warranty Deed filed in 1994 ANDREW H. STAMP conveying title of the property to another party, but reserving a life estate DARTON 1. WACHSTETER for Ms. Ferrel. As you will see in Section b, the deed illustrates an unrecorded interest in the property. We believe that interest to be the JAMES M. COLEMAN easement that the City holds for the property. SPECIAL COUNSEL Please call me if you have any questions. SOUTHWEST Very truly yours, WASHINGTON OFFICE First Independent Place '61tat Lam. 1220 Main Street, Suite 45t ` Vancouver, Washington Sharon R. Beisley 98660-2964 Legal Secretary/Assistant (360) 699-7287 /Sib Fax: (360) 699-7221 Enclosure tvr/tigard/cd/monahandeed.ltl *Also Admitted To Practice In Washington **Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana O'DONNELL COPY RAM I S CREW CORRIGAN BACHRACH LLP July 15, 1998 ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 Stacey L. Werner 7916 SW Bond Tigard, OR 97224 Browning & Heil, P.C. JEFF H. BACHRACH 3012-B Pacific Avenue MARK L. BUSCH P.O. BOX 430 KELLY W.G. CLARK Forest Grove, OR 97 1 1 6-043 0 D. DANIEL CHANDLER++ DOMINIC G. COLLETTA" CHARLES E. CORRIGAN' Re: City of Tigard v. Doris M. Ferrel; STEPHEN F. CREW Multnomah County Circuit Court Case No. 87-02-01071 MARTIN C. DOLAN GARY FIRESTONE' Dear Ms. Werner and Counsel: WILLIAM E. GAAR' G. FRANK HAMMOND I am writing as a follow up to my earlier letter to you of April 24, 1998 MALCOLM JOHNSON- relating to the above referenced matter. As my earlier correspondence MARK P. O'DONNELL T. CHAD PLASTER' stated, this office, as counsel for the City of Tigard, has initiated the TIMOTHY V. RAMIS recording of a stipulated judgment for an easement on the Ferrel property. I WILLIAM J. STALNAKER have enclosed for your records a copy of that recorded judgment. ANDREW H. STAMP BARTON J. WACHSTETER Please call me if you have any questions concerning this transaction. IA11ES M. COLEMAN Very truly ours, SPECIAL COUNSEL C~i~Csg inic G. Colletta SOUTHWEST WASHINGTON OFFICE /srb First Independent Place 1220 Main Street, Suite 451 Enclosure Vancouver, Washington dgc/tigard/werenerbrowning.lt2 98660-2964 (360) 699-7287 Fax: (360) 699-7221 *Also Admitted To Practice In Washington **Also Admitted To Practice In California 4 ++Also Admitted To Practice In Washington and Montana L~ I rF O'DONNELL RAM I S CREW CORRIGAN BACHRACH LLP July 15, 1998 ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 2223402 Fax: (503) 243-2944 Jan Thomas Baisch, Esq. Paulson & Baisch Suite 1660 1000 SW Broadway Portland, OR 97205 JEFF H. BACHRACH MARK L. BUSCH Re: City of Tigard v. Doris M. Ferrel; KELLY W.G. CLARK Multnomah County Circuit Court Case No. 87-02-01071 D. DANIEL CHANDLER++ DOMINIC G. COLLETTA" CHARLES E. CORRIGAN' Dear Mr. Baisch: STEPHEN F. CREW NIARTIN C. DOLAN I am writing as a follow up to my earlier letter to you of April 24, 1998 GARY FIRESTONE' relating to the above referenced matter. As my earlier correspondence WILLIAM E. GAAR' stated, this office, as counsel for the City of Tigard, has initiated the G. FRANK HAMMOND recording of a stipulated judgment for an easement on the Ferrel property. I MALCOLM P. O'JOHNSONDONNELL ' MARK P. have enclosed for your records a copy of that recorded judgment. T. CHAD PLASTER' TIMOTHY V. RAMIS Please call me if you have any questions concerning this transaction. WILLIAM J. STALNAKER ANDREW H. STAMP Very truly yours, BARTON J. WACHSTETER Ir\NIES N1. COLEMAN SPECIAL COUNSEL minic G. Colletta /srb Enclosure SOUTHWEST dgc/tigard/baisch.10 WASHINGTON OFFICE First Independent Place 1220 Main Street, Suite 451 Vancouver, Washington 98660-2964 (360) 699-7287 Fax: (360) 699-7221 *Also Admitted To Practice In Washington **Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana STATE OF OREGON s county of Multnomah STAP The foregoing copy has been compared wd is certified by me as a full, true and corned j n • p copy of the original on fife m my office aad i• my custody. CL_ In Testimony Whereof, I have hereunto Id my hand and affixed the seat of tho • • Court on: 1 19anuo ?rGIO•, CIRCUIT COURT - l MAH C+OJ~ for ' r r B I , ~ -L 06/24 13:48 1998 FROM: 5032208844 TO: 2432944 PAGE: 4 06/24/88 WED 12:38 FAX 50322 4 OREGON TITLE 004 1741 AM Mrmar q„o pea, I ,1rbAfter rtcosdina, plan ratnta to: Pbaso vim Recowee s Doc. No. below: f jiRowNIN(I&wL-AT'ibRNBYSPC 94007084 3012-B Pacific Avcuac waddso - P.O. Bout 430 Finat Grove, Omgott 97116-OW Undl a eb=V is n4ucatad, all tax mu iaents WARRANTY DEED shall be sent to the ffoollawinS address: (Fa cm 93.>is0) STACEY 1., WPl DEER DORIS M. FERREL, Oramor. 7916 SW Road Tigard. Oregon 97224 to STACEY L YOM (hintrA WdKnxl*m COttBiY TRUE AMID ACTUAL, CQH6I:DERATMN- $77,MM. / . a o a4(y 9 DORIS M. FERREL ("the Grantor"). convey' and warrants to STACEY L. WERNER ("the Grant""), all of the Grantor's right, tide, and interest is and to that certain real property in Waahlagton Co _ uaty, Oregon, Including any and all appurtenances thereto and lmprovemeats thereaa, aommoa!♦y - Q known as 11400 SW North Dakota Street, Tigard, Omgon and also as Assessor's Tax Lot No, I81- 343g-02300 (Account No. R0269341, which reel pmpcrty is attire patdealLdy dt s=hed as fvIIowa: A part of Section 34, Township I south, Range I West of the Willunctie Maridiaa. Washington Cmaty, 0mlon. pameWarly describcd as follows; w The Weat 116 amt of the following described property. Soginniag at tho Northeast eotaer of the Lawrence Bickatcycr tract as described In Tomas records. Volum 4, at Page 96 Foliam 38, which said corner Is on the North line of the 2 John L. Plicklin Claim #54,2.62 9/10 chains East of the Northwest aotncr of said claim; theaw East along tiro North line of said claim 35435 cbaada to Northwest comer of the Nellic Gedrose Hatt as deatxlbcd in deed fried Dcomobar 30,1933, Tomas No. 7476, Follaw 38; thence South along the Wcst B= of said Gedrose. Tract 7.58 IR cbalas to tha Southwest comer of said Go- dam tract; t1mce West 3.9435 chains to the Southeast torus of the Lawrence Mckracycr tract of thence North. along the Em bw of said Hickmeyer tract, 7.53 IA d Wm to !tae RESERVING, HOWEYM UNTO THE GRANTOR An estate in the property described dm for and during the M of the Gmator, providcd, however, that said life estate shall ternntaate in the event Grantor fails to physically XaMe on the property for any contimtotA six month period. free of eacutnbrances except Ibt' the foitowln6: - a Taxes or assessczats which am not shown sat a ' ='S Heal by the :scads of aqy W;dq antt a i• = - ty that liMca taxes or assess:ats ou teal property or by the public , prooeediagt by it public agency _ - wbich taay =Olt in taxes tx ttaaeasments, or notices of such procxc ft0 whether or not ahoava by the r6mnda of such age=y or by the publk records. - - b. Any face, " interosp, or claims wbich are not shown by d1e public lecords but which ca nld be uccr iacd by an inspection of said land or by maldatg Inquiry of Pmoro in Ptiftession thereof. Q F.asemonts, or claims of easement or eaeottshmces, not shown by the public rccatu rely a-G&L PAGE 1- WARRANTY Dl's - Parrd to Ww= ~ _ < stir .~';T1~ -~~•L~Y^IAY~'~°• ~rii~r'~s~...-...~w•.~`.~-.:-.a.--.~~..:s:a:xc•-~.:-----. z 7"r, 06/24 13:49 1998 FROM: 5032208844 TO: 2432944 PAGE: 5 06/24/98 WED 12:39 FAX 50322 4 OREGON TITLE a acts '~'T Rq•AII11Zd9tOD ~jwotA4W - foal or cwtpdaaa in patmtis or In ects a 6odzing the ilsnaaco thamaf, waw rig* calms, as thie lo waa, d.. D11crepeirlos, confka In boumda y Jlaos, dmttw is mm, a im ento, of my other fam i which a cojTeOC mrvoy would disci ow _ e. Any ]I= or sight to it Ila. for arsvlces. labor, or ammrial hofabforc or bcodter RoWsbed, k*md by low and ma shown by the p0b9c records. f. li~4dt~fiJil The heeds deathbed Fmim are within and subject to the atuntmy power of asscafmm of the- I thOcd sv-4 Agmy. IL Tigard city ]leas, if any. The eve and scowl crnnssdmtlo iaaforr this conveym stated is corms of duilara to $774W. Facnaa to PROPERTY DESSCRIBED W 1 24M Ut2W IN LA ON ~ LAND USE LAWS i AND REQULATIONS. BEFORZ SIGNING OR ACCEPTING THIS INSTRUMM. THE PEMN ACQlJIRM In Tr= TO TIM PROP->;RTY SHOULD CM= WITH THE APPROPm7m CITY OR COUNTY PLANNINQ I)VARTMENTTO YMIFY APPROVW UM, SIt3]JED on tho dates set fiat by trade name, the last of whkb is ft aftedve date of this DcK THE GRANTOR: THE GRANTEL. 4 i? a I=] SuNy crud Data• I-aI-Vll per' 'l~~sq ~17>is,iasrivmd NV a acknowledged before mo on knmty usr ,1994 by Dods b& Reuel. r'• i r:f.~ i3:•' 4NOULryk for . r' biy fission ~ ~ xx~ Q ~ _ I STATE OF Q!MGOx, County of asmxgtm ) m ThZi d a c was acknowledged before ma ad Jaaaety ZISIX . 1994 by Stacey L We=ar. • - c y`;''' I~~ Notary blic oa v- ;c-. IT• PAGB 2 - WARRAI3TY DEED - F fml to Womar J~,~•S VItiwFYY~' _ - •,r+a ~M :'~wVw~r _ _-m\-1-_. 05/24 13:50 1998 FROM: 5032208844 TO: 2432944 PAGE: 6 06/24/98 WED 12:39 FAX 5032 344 OREGON TITLE C~J006 MEN- r. t.r cw.Kdv of d d y An w" ` CLiuk thg of taw r a - aer~ Doc i 94007004 111,00 Rent: 115601 ,3 01/24/1994 11:01:5aus