77-15443 & 79-034034 ~ 108th Avenue , * 'o. 703—WARRANTY DEED. i
44atiteg, 44AW . . i-nVgN4-NESS LAWptatLisHING coPORTLAND,OR.97224_
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,. .41.10 144100, IT"' 15443 • ,1
RIGHT-OF-WAY DEDICATION
WARRANTY DEED
79 0 3 4 0 3 4
, 1 j
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KNOW ALL MEN BY THESE PRESENTS, That J. D. Annand, et all .wii•Niso,"'""1".11°."....1
i
, hereinafter called the grantor, for the consideration hereinafter stated, 1
to grantor peirkby The City of Tigard, Oregon
, hereinafter called the grantee, 11
does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that li
certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining,
situated in the County of Washington and State of Oregon, described as follows, to-wit: 1'
A tract of land situated in the northeast quarter of Section 10, Township 2 South,
Range 1 West, Willamette Meridian, Washington County Oregon, described as follows: ,1
Beginning at a point on the westerly right-of-way of S. W. 109th Avenue as described !
in Deed Book 926, Page 858 corrected, said point being on the arc of a 125.0 foot
radius curve and N 11-03-03 E 44.22 feet from the southwesterly end of said curve;
and running thence N 68-30 W on the southerly line of this 50.0 foot wide described
roadway parcel 115.31 feet, more or less, to a point on a line 990 feet west of and
il
parallel to the east line of said section; thence N 0-51-50 E on said line 53.43
feet to the southwest corner of that tract of land conveyed by John D. Annand, !!
Catherine T. Annand, Susan A. Keller, John D. Annand II, and Mary Jane Annand to
t,
v M
Kenneth Bunn in aof 1977; thence S 68-30 E on the south line of aforesaid Bunn
_
tract also being the northerly right-of-way of this 50.0 foot wide described
roadway 144.26 feet, more or less, to a point on the arc of a 125.0 foot radius
curve of S. W. 109th Avenue: thence southwesterly on said curve 51 .39 feet to
the point of beginning, containing 0.147 acres, more or less. ,!
1111
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J. D. Annand,. et.. STATE OF OREGON
,
14600 S. W„ Pacific Highway }ss.
Tigard, Oregon 97223 County of ,I
GRANTOR'S NAME AND ADDRESS
I certify that the within instru-
City of Tigard, Oregon
ment was received for record on the 11
day of .. ____ . ...... . , 19
Tigard,.Oregon_97223 at o'clock . . M., and recorded
SPACE RESERVED
GRANTEE'S NAME AND ADDRESS
in book on page or as
FOR
After recording return to:
RECORDER'S USE file/reel number
Record of Deeds of said county.
£232 Witness my hand and seal of
7 , 07e- i9 County affixed.
NAME,ADDRESS,ZIP
Until a change Is requested all tax statements shall be sent to the following address.
Recording Officer
By _____ .. .. _ __________..-____----------
NAME.ADDRESS.ZIP B0OK1212 PACE 3-20 Deputy.
,. .
/"--._.
15443
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To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. II
11
And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that II
grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances. 1
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warrant and forever defend the above granted premises and every part and parcel thereof against the lawful i
I claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. I
The true and actual consideration paid for this transfer, stated in terms of dollas, is $
Q However, the actual consideration consists of or includes other property or value given or promised which is 1
II the whole
consideration(indicate which). ®(The sentence between the symbols®,if not applicable,should be deleted.See ORS 93.030.)
part of the
In construing this deed and where the context so requires, the singular includes the plural and all grammat-
icalchanges shall be implied to make the provisions hereof apply equally to corporations and to individuals. I
II In Witness Whereof, the grantor has executed this instrument this day of , 19 ;
I
11 if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto 1
II by order of its board of directors, 40/
J. D. Annand Gather , T. Armand, Susan ‘, Keller, John D. Annand II, and Mary Jane -
1
1 Annand. C .--- A , / p ' 't ... , 0414A-44-1-4.,
(If executed by a corp•ration
I' affix corporate seal) a" ,, . -C...-e..t.L.- C_-?
ti;) •Cle/400140 X/1711Z(92"P'e June 2, 1977
i eicl:
STATE OF OREGON, ) STATE OF LIREGwv,
II, )ss. STATE OF OREGON 1 ss 4/24,120
)
County of Multnomah
June 2 , i9 77 Personally appear County of Washington
Personally appeared the above named
each for himself and not I, Roger Thomsen, Director of Records
J. D. Annand, Catherine T. and Elections and Ex-Officio Recorder of Con.
Annand, Susan A. Keller, John D. veyances for said county, do hereby certify that
the within instrument of writing was received
Annand II, and Mary Jane Armand and recorded in book of records
and acknowledged the foregoing instru- and that the seal affixed No.
I
ment to be their voluntary act and deed, of said corporation and I of said County
Before me: half of said corporation I
them acknowledged said
,,,A1,,itmsfirty hand and seal affixed.
(QFFICIAL /4e,r2.4 - 1 1"ft-44.-1--•-4 Before me:
iNI-Jr.A4-1 ROGER THOMSSEN, Director of
1,11
uEAL)BETSYWItyy4,14443;
regon
OrsT1
.
- a Notary Public for Ore got, .)
My commission expires: Records & Elections
TURY FUriEMN /1/79 1/44........_
Deputy
oci 31 It a4 Mill
pl*
e .• : ---414-4-ter --r --
40111.1° ....1 .e,, 421,24;612=1-
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Pe:vie.v,d J.L'; 1t -
form this
day of 4744.1 19 -Es, -
•
Aimp
4040, Adale
By: 4! / /
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Alig7;rttorne - City of igard
, lir
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^ - ' . likwrio.. ........ " ^,
Nvej VIIIIIIIIIIIIIIM
ApprcA(-d t.'iri,+ gth day of July 19 e
79
CITY OF TI'ARD, OREGON PLANNING COMMISSION
By:
Chairman
APPRCAED AND ACCEPTED this 9th day of July , 19 79 , by
iesolfi'eof the Tigard City Council-
. ,
Witness my hand t11)-el -*421: i
City Recorder; Oregon
,,,,,
r
Aaj
STATE OF OREGONe CAM
County of Washington SS 6Il
1232.-32.0
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
ROGER THOMSSEN,Director of
Records&Elections
Oiler) INDEXED
aA.,
°W. 11 25 N4 19
A.-
/(411111k)'\
AdIaLLISk )
WASHINGTON COUNTY
\um. /
\ \ MC , ADMINISTRATION BUILDING-150 N. FIRST AVENUE
\\N
HILLSBORO, OREGON 97123
BOARD OF COMMISSIONERS 22 November 1978
MILLER M.DURIS,Chairman DEPT.OF ASSESSMENT AND TAXATION
BILL BLOOM DONALD W.MASON,Dirsetor
VIRGINIA DAGG ROOM 106
(603)6484741
DAVID FROST
RICHARD C.HEISLER
Jack Annand
14600 S. W. Pacific Hwy.
Tigard, Oregon 97223
Re: Account 2S1-1OAD-8800 Key 491131
Dear Mr. Annand:
We are awaiting approval of your dedication by the Tigard City Planning
Commission, pursuant to ORS 227.110, Subsection 2. This statute states
that it shall be unlawful to receive or record deed "unless the same bears
thereon the approval , by endorsement of such commission or city engineer."
See also ORS 92.014(2). The City of Tigard was contacted by this office
on 14 November 1977 and we have not yet received the proper recorded approval
of your dedication as required by law.
A similar situation exists pursuant to deeds being recorded by fee numbers
78-38656 and 78-38657 to Joseph M. and Linda E. Van Lom (one signed April 14,
1977 and one signed August 24, 1978 and recorded August 29, 1978. )
This division of property falls within the Minor Land Petition of the City
of Tigard which took effect 6 December 1977 upon recordation with the County
Recorder. (ORD 74-2 and 74-3). Oregon Revised Statutes, which govern our
procedures, state (in ORS 311 .280 (1 )): "The assessor or his deputy shall not
divide an assessment unless the person calling for the division of assessment
has filed with the assessor evidence that the division has been approved", by
the city who has jurisdiction as required by their regulations. (Namely
minor land partition ordinance).
Our records show that on 31 August 1978, we notified the city by office memo.
As of this date we have not received the city's approval as required by law.
You should also consider the legal implications, pursuant to your proposed
Dedication deed, of writing the deed on a Warranty Deed form. This type of
recording upon approval of the City of Tigard will , at best, show on our records
as an easement to the City. Nowhere on this instrument does it mention "to the
public" or "for public use".
, 0,10
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,441.
4.....• 4-..a."
Page 2
Jack Annand
22 November 1978
Also, there is not consideration shown, and this has in itself cancelled the conveyance
until re-recorded with the consideration shown.
The deeds to the Van Loms mention access by easements with improper legal reference
to an unidentifiable "tax lot 4100". The easement rights were cancelled upon the
recording of dedication deeds 744/883 and 926/856. You should also look into this.
When the above mentioned conditions are met, we will be able to update our records
and values as requested. They will remain as presently shown until then.
If we can be of any additional help to you in verifying the above or answering
any other questions you might have, please feel free to contact us at your
convenience.
Very truly yours,
DEPARTMENT OF ASSESSMENT AND TAXATION
Donald W. Mason) " rector
4401 .
By
1 ". L. Blehm, Chief Draftsman
648-8602
.0,---cc: City of Tigard Planning Dept.
P. O. Box 23557
Tigard, Oregon 97223
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August 11, 1978
J. D. Annand
14600 S.W. Pacific Highway
Tigard, Oregon 97223
Dear Mr. Annands
Enclosed please find a copy of the Right•Of•Way Dedication for S.W.
109th Avenue, which has been recorddd with Washington County.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Doris Hartig
City Recorder
/br
Encl.
October 18, 1977
Roger Thomssen
Washington County Courthouse
Hillsboro, Oregon 97123
Dear Mr. Thomssen:
Enclosed is a check in the amount of $6.00 to cover the charges for recording
the following document:
J. D. Annand, et.al. - right-of-way dedication deed
Thank you for your assistance with this matter.
Sincerely,
Doris Hartig
City Recorder
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Enc.
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