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77-15443 & 79-034034 ~ 108th Avenue , * 'o. 703—WARRANTY DEED. i 44atiteg, 44AW . . i-nVgN4-NESS LAWptatLisHING coPORTLAND,OR.97224_ ----T1 '4111IR ,. .41.10 144100, IT"' 15443 • ,1 RIGHT-OF-WAY DEDICATION WARRANTY DEED 79 0 3 4 0 3 4 , 1 j 'I 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 I!! 1 ilI il ., H i 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 , , 1 , 1 1 1 1 1 1 1 1 1 1 , , 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 I I 11 I I I I I, I I I 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- -U- Pe:vie.v,d J.L'; 1t - form this day of 4744.1 19 -Es, - • Aimp 4040, Adale By: 4! / / -- Alig7;rttorne - City of igard , lir II i I I • I ^ - ' . 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 , - ,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 MLB/jw , . . . .... . ... .. ...... .,, ....... . ... •. ..• • • • • . . . • . • •• • ;... :‘,.... ... .... . .• • . .04 . • ; • . . . . . . . . . •• • . . ' • • • • " - • • . . • • • . . . • • • . • ,, , . • . . . • ....0• : • • . . . : ' •. . •• • • • . • . . • .• • • . *. • • . . . . . • • : . . .. . • . . . . • • . • . • • • • • • • •• .' . : • • • • • . . . : ... - • • . . . . • ' • • • • • . . . • . . . • . . • , ... • . . . • • . • . . . • . • • : S. ••••• • ••• •• • •• .. •• .... • . - ••••• .• ••• •••• ..' ••• •••••••••• ••••. . • . ..• ii: ;amu• ..yrr•. 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 $6.00 to cover the charges for recording the following document: J. D. Annand, et.al. - right-of-way dedication deed Thank you for your assistance with this matter. Sincerely, Doris Hartig City Recorder BR: w Enc. CANTER B U R Y PL ACE BASIS OF BEARING jl. ROB. SURVEY . 990.18' N 89-34-10W 10 II 5/8„IR6 100.09' 5/8" LRE 5.00'S. (329.97') 330.01' 5/8" IRE FLUSH C.S. 12,776 FLUSH _ ' 1.24' BELOW GRND. S5.09 _ N.W. COR. LOT I ' LANG HILL E3.65' 1:..- 1-- TL 8700 I N rci ...,_ --E' fit /06.9v 1.1) //'/ / - /o • 4 I G .,. seg.:---- •,,-,..i...„ - . / P 4, aoe---— /016:okiz oi,--- cf •*)7 \ r– -- .$.3., N (,...„7„.„.....„...„....7..7 8.36' • **./tzef Je-- ' I 50' / / I" = 100' N89-58-15W S 89-40W 100.10' 250.22' S 89-40W (310) II LEGEND w 1 D Z IA oi Id r1-. e MONUMENTS FOUND AS NOTED > o , 41 i5I 1 0 TL 8801 oIN -1- 0 SET 5/8" X 30" I.R. W/CAP -N- +- zl co r ci, I to ( ) RECORD DATA N: 0) co fill 0 To _ _ rn N) to W w 1/1 W • 0 0 (I) in to If) to 1 1 1 " 01 Ed ic-i i5 , 8 6 0 1 0 z w t,.. (4' cn cn o ci 50' , f S . 1/4 (---- COR. . . 10 • 11 660.26' N 89--58-15 W 330.0' CS. 12,776 RECORD "OF SURVEY MAP c.v ISTERED PROFESSIONAL . A PART OF NE 1/4 SEC 10, T2S, RIW, WM. „- LAND SURVEYOR i WASHINGTON COUNTY OREGON