8077 - - c G
8077
sat-
DEED OF DEDICATION
(Correction Deed)
KNOW ALL MEN BY THESE PRESENTS, That Vern D. Calway, et ux,
owners in fee title simple and AGA Properties, Inc. as purchaser by
memo of sale, recorded in Book 603, Page 29 Deed Records, Wash-
ington County, Oregon, hereinafter called grantors, for the sum
of $1.00 constituting the actual consideration for this deed, do
hereby grant, bargain, sell and convey unto the City of Tigard,
a municipality of the State of Oregon, its successors and assigns,
the following described interest in real property in the County
of Washington, State of Oregon, to wit:
A perpetual right -of -way and easement for PUBLIC USE as a
road, street, or highway, including the use of same for public
utility purposes, on, over, and across and within the following
described real premises:
The following described tract of land being situated
in Section 10, T -2S, R -1W, Willamette Meridian, Wash-
ington County, Oregon.
Beginning at the northeast corner of that tract
conveyed to Vern D. Calway, et ux, by deed recorded
in Book 125, Page 382, Washington County, Oregon;
thence S -0° 51' 50 " -W 145.85' along the east line of
Section 10, T -2S, R -1W, Willamette Meridian, and the
"true point of beginning "; thence continuing S -0°
51' 50 " -W along said east section line 50.00' to a-
point which bears N -0° 51' 50 " -E 1134.98' from the
1/4 corner on the east line of Section 10; thence
N -89° 45 " 23 " _ -W 329.98' to the west line as des-
cribed in Book 125, Page 382; thence N -0° 51' 50 " -E
50.00'; thence S -89 45' 23 " -E 329.98' to the point
of beginning.
•
This deed is executed by the Grantors and accepted by the
- Grantee for the purpose of correcting the description in a prior -
deed dated the 25th day of July, 1969, and recorded in Book 758 at
Page 844, Deed Records, and the City of Tigard, by.accepting this
deed, waives all rights with respect to any portion of lands
described in said prior deed which are not included within the
boundaries of the description hereinabove appearing.
TO HAVE AND TO HOLD the same unto the said City of Tigard
for PUBLIC USE forever.
IN WITNESS WHEREOF, we have hereunto set our hands this
7th day of July , 1971.
A G A PROPERTIES, .
1 ( I
J ssi %!. alway Stan Adkins - President
•
/ J.
Vern D. Ca way Armin L. Bimeler -Secre ary
BOOK 835 PAGE 540
f
. P' .
STATE OF OREGON
ss. 8077
County of Washington )
BE IT REMEMBERED, that on this 7 day of July, 1971
before me the undersigned a Notary Public in and for the said
County and State personally appeared the within named Jessie
M. Calway and Vern D. Calwag who are known to me to be the
identical•individuals described in and who executed the within
instruiuent,,,y rid .acknowledged to me that they executed the same
freeU 4.41.4. u ntarily.
: ° e. %.T $1 O1Y WHEREOF, I have here o set my ha and seal
this z
-7h .y`' Y, 1971.
,• <;..-_ --- a • - 0-r..4.4-0-•,---J
Nott+,ry Public for Oregon 9.7, 7d
; My Commission Expires:
•
STATE OF OREGON
ss.
County of Washington
On this 7 day of July, 1971 before me appeared Stan Adkins
and Armin L. Bimeler both to me personally known, who being duly
sworn, did say that he, the said Stan Adkins is the President,
and he, the said Armin L. Bimeler is the Secretary of AGA Properties,
Inc. the within named Corporation, and that the seal affixed to
said instrument is the corporate seal of said Corporation, and
that the said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors, and Stan Adkins
and Armin Le Bimeler acknowledged said instrument to be the free
act and deed of said Corporation.
•:t tf -4 ,,. • IN TESTIMONY WHEREOF, I have
hereunto set my hand and
• r� AaiWI
.• c /,,,,,,..., ff ixed my official seal the
\� y day and year last above written. ..../..., , ....., A O ._./ .... -.1 ■
▪ J No/ry Public for Oregon
:''''1 My Commission Expires:
,,,,it ,,
lt
Approved as to form this / b day of G , 1971.
r B
-,� City Attorney -City o igard
Approved as to legal description this 2G day of / , 1971.
By : �^ ,,r.e.-z
Approved this ' day of Sr2fr" &4'r , 1971. _ .
CITY OF TIGARD, OREGON PLANNING COMMISSION
,A�
` i A � �� '
Filed for record �- / �! I9.,,7/.. a> /I 7 By: \ - Chairman
ROGER THOMSSEN, Duector of Record4 & Elections
13 !'et Q g, .es.„ y .tl,t.DEqutp
BOOK 835 PAGE 54I
ii■ ,
1 1 ' r `,
r, r
• ' l
. ry i '
• • STATE OF OREGON
ss
County of Washington
.•- I, Roger oms�sseerr�, �' `< •r of Records
and Election ar�r�E,t-tE1ffiiS¢ Rel': of Con-
' veyances ' r oid.JcoiYity ; d a '..F, by certify
1 • that th v ti9!,!fns +rient \of , Ming was
• _ receiv-• •p.* re cetd` i. cank,of =cords .
of said nty _= , t;s j
\ Wit ness a d
„ � e ff r � .
1. ' �s
Vt.!: gg} i rector of
g � p� U i 1.e s t i on <
4 e / /✓,-� Deputy
., . •- SEP 16 1� I7 }�'��
t i
1 diL U
July 1, 1971
PECE1VED.
MEMORANDUM TO: Director of Public Works
City of Tigard JUL 2 1971
FROM: Fred. A.Anderson CITY OF TIGARD
SUBJECT: Galway /AGA Correction Deed
At your request I have reviewed the correction deed proposed
to be executed by Vern D. Calway et ux and AGA Properties, Inc.
with respect to realignment of Canterbury Lane to conform the record
right -of -way to the area of occupancy.
The form of the deed submitted is satisfactory in this in-
stance, assuming that the description conforms to the intended area,
which I will leave in your hands.
I might comment, however, that in cases where a street is
not improved at the time of its dedication, the dedication should
run TO THE PUBLIC rather than to the City in order to avoid respons-
ibility on the part of the City for the improvement and maintenance
of the street.
As you will recall, a dedication TO THE PUBLIC can be accom-
plished by plat as well as by deed and the mere acceptance of the
plat does not imply any obligation on the City by virtue of approval
of the plat by the Planning Commission.
Similarly, approval of a deed of dedication by the Planning
Commission for recording as required by statute where the named
grantee is THE PUBLIC, does not imply any obligation on the City.
It is my view that the City should take title to unimproved
easement areas only when the City intends to exercise proprietary
rights such as access to a City park, City installation or other
service facility. In all other cases the deed to unimproved ease-
ment areas should name THE PUBLIC as grantee.
Respectfully submitted,
/t
red. A. Anderson
FAA:cb
,t/ _ 8905 S.W. COMMERCIAL
�4 TIGARD, OREGON 97223
TELEPHONE: 639 -3453
W. L. McMONAGLE - ASSOCIATES
(!
REGISTERED LAND SURVEYOR
SUBDIVISION PLANNING - DESIGN - MOBILE PARKS June 23, 1971
LAND SURVEYS - AERIAL CONTROL SURVEYS
Correction Dedication Deed.
To replace deed recorded in Book 758, Page 844.
5 ----
The following described tract of land being situated in
Section 10, 77-2S, R-1W W.M,, Washington County, Oregon.
Beginning at the northeast corner of that tract conveyed
to Vern D. Calway, et ux, by deed recorded in B8ok 125,
Page 382, Washington County, Oregon; thence Sa-0 51' 50 "-W
145.85' alor_,g the east line of Section 10, T< -2S, R-1W W.M.
and "true point of beginning "; thence continuing
S-0 51' 50 "-W along said east section line 50.00' to a
point which bears N-0 51' 50 "-E 1134.98' from the 1/4
corner on the east line of Section 10; thence N-89 45'
23"-W 329.98' to the west line as described in Book 125,
Page 382; thence N-0 51' 50"-E 50.00'; thence S-89 45'
23"-E 329.98' to the point of beginning,
Stanley L. Adkins
Vern D. Calway
•
l 80 7?
DEED OF DEDICATION
(Correction Deed)
•
KNOW ALL MEN BY THESE PRESENTS, That Vern D. Calway, et ux,
owners in fee title simple and AGA Properties, Inc. as purchaser by
memo of sale, recorded in Book 603, Page 29 Deed Records, Wash-
ington County, Oregon, hereinafter called grantors, for the sum
of $1.00 constituting the actual consideration for this deed, do
hereby grant, bargain, sell and convey unto the City of Tigard,
a municipality of the State of Oregon, its successors and assigns,
the following described interest in real property in the County
of Washington, State of Oregon, to wit:
A perpetual right -of -way and easement for PUBLIC USE as a
11: road, street, or highway, including the use of same for public
utility purposes, on, over, and across and within the following
described real premises: >
The following described tract of land being situated
in Section 10, T -2S, R -1W, Willamette Meridian, Wash-
ington County, Oregon.
Beginning at the northeast corner of that tract
conveyed to Vern D. Calway, et ux, by deed recorded
in Book 125, Page 382, Washington County, Oregon;
thence S -0° 51' 50 " -W 145.85' along the east line of
Section 10, T -2S, R -1W, Willamette Meridian, and the
"true point of beginning "; thence continuing S -0°
51' 50 " -W along said east section line 50.00' to a
point which bears N -0° 51'•50 " -E 1134.98' from the
1/4 corner on the east line of Section 10; thence
N -89° 45' 23 " -W 329.98' to the west line as des-
cribed in Book 125, Page 382; thence N -0° 51' 50 " -E
50.00'; thence S -89° 45' 23 " -E 329.98' to the point
of beginning.
This deed is executed by the Grantors and accepted by the
Grantee for the purpose of correcting the description in a prior
deed dated the 25th day of July, 1969, and recorded in Book 758 at
Page 844, Deed Records, and the City of Tigard, by accepting this
deed, waives all rights with respect to any portion of lands
described in said prior deed which are not included within the
boundaries of the description hereinabove appearing.
TO HAVE AND TO HOLD the same unto the said City of Tigard
for PUBLIC USE forever.
IN WITNESS WHEREOF, we have hereunto set our hands this
7th day of July , 1971.
A G A PROPERTIES, pNC.
• J ? s s .�e ` f M . oalway Stan Akins - President
f
�%; ( I Lit L �
Vern D. Calway ` Armin L. Bimeler- Secretary
ROOK 835 PAGE 540
y
•
•
• I - A t
STATE OF OREGON
ss. 8077
County of Washington )
BE IT REMEMBERED, that on this 7th day of July, 1971
before me the undersigned a Notary Public in and for the said
County and State personally appeared the within named Jessie
M. Calway and Vern D. Calway who are known to me to be the
identical individuals described in and who executed the within
instrumen.t.,,and acknowledged to me that they executed the same
- free7, ;,= nc] v;('N. untarily.
_ , T; (,'2 ON WHEREOF, I have hereunto set my had and seal
tri`' d' . r fly, 1971. ) ` ; ,�/ • (a,
w NoTAry Pubfr for - Cregon 7777
My Commission Expires: '
STATE OF OREGON - , .
ss.
County of Washington
On this 7th day of July, 1971 before me appeared Stan Adkins
and Armin L. Bimeler both to me personally known, who being duly
sworn, did say that he, the said Stan Adkins is the President,
and he, the said Armin L. Bimeler is the Secretary of AGA Properties,
Inc. the within named Corporation, and that the seal affixed to
said instrument is the corporate seal of said Corporation, and
that the said instrument was signed and sealed in behalf of said .
Corporation by authority of its Board of Directors, and Stan Adkins
and Armin L. Bimeler acknowledged said instrument to be the free
act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and
- affixed my official seal the
day and year last above written.
- ��
- No ry Public or Oregon
;:;`' My Commission Expires: '2, 97 -•
Approved as to form this nO day of C-'(--- " , 1971.
�-) `�.
City Attorney -City of Tigard
.p- description this zF day of 4,,,.0•7
,, ,.s , 1971. /
Approved as to legal ues p
Approved this 7 day of % %ii.f -r C.' , 1971.
CITY OF TIG-.RD, OREGON PLANNING COMMISSION
:.-..— �
I � Th
Fl ;e 1 or record 9" /0 19 71, of ? 7A M PIT- BY: /, �"'\i L '��'4 Y�
// r Chairman
ri7JER THOMS;EN Drerf.tr of Re L.rchor a �+
.
7 ......... ................. ....."'P-."L - D
anon 835 PAGE 541
gi
L ti -.
i L� , _..� ; 6' C COMPANY.8 { 3 .w 44.0 10
KNOW ALL MEN BY THESE PRESENTS, That Vern D. Calway, et ux,
owners in fee title simple and AGA Properties, Inc. as purchaser by
memo of sale, recorded in Book 603, Page 29 Deed Records, Washington
County, Oregon
hereinafter called grantors, for the sum of $1.00 constituting the
actual consideration for this deed do hereby grant, bargain, sell and
convey unto the City of Tigard, a municipality of the State of Oregon,
its successors and assigns, the following described interest in real .
property in the County of Washington, State of Oregon, to -witt:
A perpetual right -of -way and easement for PUBLIC USE as a
road, street, or highway, including the use of same for public utilit r'
purposes, on over, and across and within the following described real
premises:
Beginning at a point on the Westerly line of that certain
tract of land in Section 10, Township 2 South, Range 1 West,
Willamette Meridian, conveyed to Vern D. Calway, et ux, by
deed recorded in Book 125, Page 382, Washington County, Oregon
Deed Records, said beginning point bears South 00° 15' 15"
West 140.00 feet from the Northwest corner of said Calway
tract; thence, parallel with the North line of said Calway
q") tract, North 89° 40' East 330 feet to a point on the East
line thereof; thence, along said East line, South 00° 15' 15"
West 50.00 feet to a point thereon; thence, parallel with said
North line of Calway tract, South 89° 40' West 330.00 feet
to a point on the West line of said Calway tract; thence,
along the West line thereof, North 00° 15' 15" East 50.00 feet
to the place of beginning.
TO HAVE AND TO HOLD the above described and dedicated premises
unto the said City of Tigard for PUBLIC USE forever.
THE GRANTORS DO HEREBY warrant that they are the owners in
fee simple and have the right to dedicate the above lands.
IN WITNESS WEREOF, do set our hands and seal the 25th day
of July , 19 69 -
A G A PROPERTIES, INC.
(seal) ! CSL (seal)
r Stan Adkins- Preside t
ii)(2)-im , (seal) (seal)
Armin L. Bimeler- Secretary
FMK 758 PAGE 844
r -
STATE OF OREGON ) 8933
)ss
County of Washington )
On this 25th day of July , 19 69 before me appeared
Stan A dkins and Armin T,. Rimeler
both to me personally known, who being duly sworn, did say that he,
the said Stan Adkins is the President, and
he, the said Armin T, Rimeler is the Secretary
of A G A PROPERTIES, INC the within named Corporation,
and that the seal affixed to said instrument is the corporate seal
of said Corporation, and that the said instrument was signed and
,,,_;' * "s6"ba: 4,d -. ; in behalf of said Corporation by authority of its Board of
c..
,Dire and SOD Adkins and Armin L. Bimeler
r �.t`C c ery
; acknowl e dged said instrument to be the free act and deed of said
` (:Or
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed my official
1 ,. seal the day and year last above written
- �l1 '1'f� . •rp :t`: *� �, a .:. AdIONW
..;' ,. L iY Notar ' ' .' 'gon'
c for Or-
My commission expires
Y t_;.,..i s April
STATE OF OREGON
)ss
County of 14.461.4-4 i „�c - 4�
On this ; y day of rk7 , 19C?
personally
appeared the above named Ve,,m :o. Cdt. (,,0. aAd
o
Tw
and acknowledged the foregoing instrument to be their voluntary act 3�
and deed.
Filed tor record- ... /4 — G� 1 y a�
19 .... . at.... PM.
ROGER •1:HOMSSEN, Director of Records & Elections
Before me . �a... ....._ ......... - .. ..y .. . .
. ° " 4.:"Cs'i Y`t Notary Public for regon
.t 6! Y‘1
r - .•< < My Commission expires �• ,r� •%
Approved the 7711d day of Rcpfpnlh Pr r 19 gA by the
City of Tigard -P-.•a1 -i g - -a n4- Z -i41g -•F,o l- i—
X OflK 758 IAGE8 5 a 1 .41;4-7.2
Page 2 Deed of Dedication - esiderrt Mayor
r 1 1 .,
i,
1 i
!q , `
. CI liAlliA161
STATE OF OREGON
ss
County of Was .
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio dRecorder e of
cer
• veyances for said county, Y
that the within instrument of writing was
received and recorded in book of re orris
• No.
of said County
Witness my hand and seal affixed. •
ROGER THOMSSEN, Director of
Records & Elections
i
`n - O
Deputy
• OCT 6 10 35 AR "IT
7,-6