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16502, 9891, 9890, ~ 92nd Avenue ~ Durham Road FORM No. 723—BARGAIN AND SALE DEED (Individual or Corporate). _- 4�_• )2 STEVENS-NESS LAW PUBLISHING CO„PORTLAND,OR.97204 I 1-1-74 rah, TITLE INSURANCE COQIUtAW 1 ARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That__J0.HN_.C_.. ._BILYEU,- also known as J..__C....Bilyeu, , hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto CITY OF TIGARD, a--municipality---of- the.State of Oregon, , hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining,situated in the County of ____ Washington , State of Oregon, described as follows, to-wit: Beginning at the Northwest corner of that certain tract of land conveyed to John Scheckla by deed of record in Book 127, at Page 125, Deed Records, Washington County, Oregon, in Section 14, in the NE-1/4 of Section 14, Township 2 South, Range 1 West, Willamette Meri- dian, Washington County, Oregon, said point being on the South line of the Solomon Richardson D.L.C. No. 44; thence West along the South line of said Solomon Richardson D.L.C. No. 44_150 feet, more or less, to the Northeast corner of that certain tract con- veyed by Donaad S. Pollock et ux to the City of Tigard by deed of record in Book 1002 at Pages 865-866, Deed Records of Washington County, Oregon; thence South along the East line of said land so conveyed by Pollock to the City of Tigard to a point on the South line of the NE-1/4 of said Section 14, Township 2 South, Range 1 West, Willamette Meridian, which bears South 89°54'40" West 50 feet, more or less, from the Southwest corner of said Scheckla tract, as described in Book 127 at Page 125, Washington County Deed Records; thence North 89°54'40" East 50 feet, more or less, to said Scheckla tract's Southwest cor- ner; thence North along the West line of said Scheckla tract to the point of beginning. SUBJECT TO: Easements, conditions and restrictions of public record; rights of the public in any portion within roads and highways; statutory powers and assessments of Unified Sewerage Agency; rights of the public and governmental bodies in the Tualatin River; and the usual printed exceptions of title policies. IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ title clearing only ali-ewever7-the-erclael-eesrtsiderefieri-eerrsrets -ar-inehsdesvfftrrTraperly-er-.valtie-given-er--premieed-w#f.oh--*s serasideratiesl{-iwdicate-wbic. .2-6-he wrr_eerz--+e t..__rr[L...,,n13ele 0,-if-wo,t wppl.iaa.b1e,chculd-khodeloted.See-9RS-93.9.3.).) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this _ _ day of._ _ February. 19 75 ; if a corporate grantor, it has caused its name to be signed and seal affixed bits officers, duly authorized thereto by order of its board of directors. /I ,aC. � ,.° John C. Bi7y�eu� N' a (If executed by a corporation, affix corporote seal( 1 STATE OF OREGON, ) STATE OF OREGON, County of )ss. County of Washin ton )SS' , 19 February /119 75 Personally appeared and • who, being duly sworn, Personally appeared the above named each for himself and not one for the other, did say that the former is the John C. Bilyeu, also known as president and that the latter is the l J. C. Bilyeu, secretary of and acknowledged the foregoing instru- , a corporation,that the seal affixed to the foregoing instrument is the corporate seal ment to be his voluntary act and deed, of said corporation and that said instrument was signed and sealed in be- hall of said corporation by authority of its board of directors; and each of e me: them acknowledged said instrument to be its voluntary act and deed. Before me: (OFFI r/C.- - (OFFICIAL j SEAL) Notary Public for Oreg Notary Public for Oregon SEAL) My commision expires '7� f 971,. My commission expires: JOHN C. BILYEU, also known as J. C. C d(�, BILYEU, " STATE OF OREGON r c� County of Washington 1. ss GRANTOR'S NAME AND ADDRESS CITY OF TIGARD, a municipality of I, Roger Thomssen, Director of Records the State of Oregon and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was GRANTEE S NAME AND ADDRESS SPACE RESERVE. received and recorded in book of records r , After recording 4dIWf1 to: ' rs' 1 �r� ,etNULT'.Jury FOR �.,. RECORDER'5 US of of said County '- "^ ; toa ;z t) Witness my hand and seal affixed. rthMe; tLoiz�ss,l i" ROGER THOMSSEN, Director of o- 828 80Jt;.. t1J Records & Elections Until a change is requested all fox statements shall be sent to the following address. '-12 City of Tigard r F,.ti�E Tigard City Hall Tigardfall 3 03 ''` NAME,ADDRESS,ZIP ANDERSON, DITTMAN 84 ANDERc ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. 0. BOX 23006, TIGARD, OREGON 97223 639-1121 FRED A. ANDERSON - DERRYCK H. DITTMAN March 6 , 1975 ROGER F. ANDERSON 7\ - MEMO TO: City of Tigard Attention: Engineering Department FROM: Anderson, Dittman & Anderson SUBJECT: B. 0. R. ACQUISITION Herewith the following: (a) Title Policy No. 326898 of Title Insurance Company insuring the City as fee simple owner of all the Pollock acquisition plus 50 foot Bilyeu intervening strip (b) Deed from John C. Bilyeu to the City of Tigard (c) Title curative deeds from, Slemons , Hoselton, Gass and Bilyeu I have previously delivered to you the deed from Pollock, and the within policy, as you will note, is a re- placement for the previous policy delivered to you. Very truly yours , ANDERSON,.. IZTMAN & ANDERSON A. Anderson FAA:pml Encl. ANDERSON 84 DITTMAN ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 6665 S. W. CENTER STREET P. 0. BOX 23006, TIGARD, OREGON 97223 639-1121 FRED. A. ANDERSON DERRYCK H. DITTMAN rebruary 17, /975 ee‘ L .. . ." .e•eeesee. urrY V TIGARO Title Insurance Company 12012 S. W. Canyon Road Feaverton, Oregon 97005 Attention : Mr. Ell] Dunn Re : Orders Nos. 326898 and 326899 City of Tigard, Grantee . . . . e..... . . Gentlemen : If, by recordine the within Deed, fee simple title to the lands therein described, being the 50 foot corridor between the Scheckla property and the premises described in the above ref- erenced orders, will be vested in the City of Tigard, subject only to the exceptions noted in the description, pleaseproceee to record the within deed and issue either a supplemental policy or a new replacement policy to cover all lands lying Westerly of the West bounder/ of that certain tract described in Book. 127 at Page 125, Deed Records. This deed should have the effect of closing the gap between the County Road established by resolution and order No:69-72 , are, the lands described in deed from Donald S. Pollock et ux to the City of Tigard as described in Book 1002 at Pane 865-866 , Deed Records. If there is any further problem in this connection , plec, telephone me promptly so that we can discuss same. Very truly youre , ANDERSON, DITTMAN & ANDERSON ..-7- i72---- - A. Anderson PAA:pml - Encl. cc: City of Tigard . ---CORRECTION--- • Oregon Land Title oic 202.00 Standard CoverageeAssociation Policy , ' t- rremium gyp. kPm. n 5` POLICY OF TITLE INSURANCE ISSUED BY 7etée Totaneutzeema Q/ atepot an Oregon corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or Any defect in, or lien or en- cumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B,or excluded from coverage in the Schedule of Exclusions from Coverage;or 3. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 4. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land,except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. all subject, however, to the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto an- nexed, which, together with Schedules A and B are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY OF OREGON has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer or agent of the corporation. ?ate Twiemetoutee eastimut, o j Otero Countersigned ] o BY / PRESIDENT fs fr'a .7 ATTEST 1 SECRETARY Authorized Officer t "fig 40, TI12 CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) day period. Failure to furnish such state- sured, except to the extent that such sett in a pro rata basis as if the face ment of loss or damage, or to commence cayments reduce the amount of the amo, .. of this policy was divided pro such action within the time hereinbefore indebtedness secured by such mortgage. rata as to the value on the date of this specified, shall be a conclusive bar Payment in full by any person or vol- policy of each separate independent parcel against maintenance by the Insured of untary satisfaction or release by the to the whole, exclusive of any improve- any action under this policy. Insured of a mortgage covered by this ments made subsequent to the date of 5. OPTION TO PAY, SETTLE OR COMPRO- policy shall terminate all liability of the this policy, unless a liability or value MISE CLAIMS Company to the insured owner of the has otherwise been agreed upon as to The Company shall have the option to indebtedness secured by such mortgage, each such parcel by the Company and pay or settle or compromise for or in the except as provided in paragraph 2 hereof. the Insured at the time of the issuance of name of the Insured any claim insured (e)When liability has been definitely this policy and shown by an express against or to pay the full amount of this fixed in accordance with the conditions statement herein or by an endorsement policy, or, in case loss is claimed under of this policy the loss or damage shall be attached hereto. this policy by the owner of the indebted- payable within thirty days thereafter. 9. SUBROGATION UPON PAYMENT OR ness secured by a mortgage covered by LIABILITY NONCUMULATIVE SETTLEMENT this policy, the Company shall have the Whenever the Company shall have option to purchase said indebtedness; It is expressly understood that the settled a claim under this policy, all such purchase, payment or tender of amount of this policy is reduced by any right of subrogation shall vest in the payment of the full amount of this policy, amount the Company may pay under any Company unaffected by any act of the together with all costs, attorneys' fees policy insuring the validity or priority Insured,and it shall be subrogated to and and expenses which the Company is of any mortgage shown or referred to in be entitled to all rights and remedies obligated hereunder to pay, shall termi- Schedule B hereof or any mortgage here- which the Insured would have had nate all liability of the Company here- after executed by the Insured which is a against any person or property in respect under. In the event, after notice of claim charge or lien on the estate or interest to such claim had this policy not been has been given to the Company by the described or referred to in Schedule A, issued. If the payment does not cover the Insured, the Company offers to purchase and the amount so paid shall be deemed a loss of the Insured, the Company shall said indebtedness, the owner of such payment to the Insured under this policy. be subrogated to such rights and remedies indebtedness shall transfer and assign The provisions of this paragraph num- in the proportion which said payment said indebtedness and the mortgage secur- bered 8 shall not apply to an Insured bears to the amount of said loss. If loss ing the same to the Company upon owner of an indebtedness secured by a should result from any act of the In- mortgage shown in Schedule B unless sured, such act shall not void this policy, payment of the purchase price. 6. PAYMENT OF LOSS such Insured acquires title to said estate but the Company, in that event, shall be or interest in satisfaction of said in- required to pay only that part of any (a) The liability of the Company debtedness or any part thereof. losses insured against hereunder which under this policy shall in no case exceed, shall exceed the amount, if any, lost to in all, the actual loss of the Insured and 8. COINSURANCE AND APPORTIONMENT the Company by reason of the impair- costs and attorneys' fees which the Com- (a) In the event that a partial ment of the right of subrogation. The pang may be obligated hereunder to pay. loss occurs after the Insured makes an Insured, if requested by the Company, (b) The Company will pay, in addi- improvement subsequent to the date of shall transfer to the Company all rights tion to any loss insured against by this this policy, and only in that event, the and remedies against any person or prop- policy, all costs imposed upon the In- Insured becomes a coinsurer to the extent erty necessary in order to perfect such sured in litigation carried on by the hereinafter set forth. right of subrogation, and shall permit Company for the Insured, and all costs If the cost of the improvement ex- the Company to use the name of the and attorneys' fees in litigation carried ceeds twenty per centum of the amount Insured in any transaction or litigation on by the Insured with the written of this policy, such proportion only of involving such rights or remedies. authorization of the Company. any partial loss established shall he borne If the Insured is the owner of the in- (c) No claim for damages shall arise by the Company as one hundred twenty debtedness secured by a mortgage covered or he maintainable under this policy (1) per centum of the amount of this policy by this policy, such Insured may release if the Company, after having received bears to the sum of the amount of this or substitute the personal liability of any notice of an alleged defect, lien or en- policy and the amount expended for the debtor or guarantor, or extend or other- cumbrance not excepted or excluded improvement. The foregoing provisions wise modify the terms of payment, or herein removes such defect, lien or en- shall not apply to costs and attorney's' release a portion of the estate or interest cumbrance within a reasonable time after fees incurred by the Company in prose- from the lien of the mortgage, or release receipt of such notice, or(2)for liability cuting or providing for the defense of any collateral security for the indebted- voluntarily assumed by the Insured in actions or proceedings, in behalf of the ness, provided such act does not result in settling any claim or suit without Insured pursuant to the terms of this any loss of priority of the lien of the written consent of the Company, or (3) policy or to costs imposed on the Insured mortgage. in the event the title is rejected as un- in such actions or proceedings, and shall 10. POLICY ENTIRE CONTRACT marketable because of a defect, lien or apply only'to that portion of losses which Any action or actions or rights of encumbrance not excepted or excluded exceed in the aggregate ten per cent of action that the Insured may have or may in this policy, until there has been a the face of the policy. bring against the Company arising out final determination by a court of com- Provided, however, that the foregoing of the status of the lien of the mortgage recent jurisdiction sustaining such re- coinsurance provisions shall not apply to covered by this policy or the title of the jection. any loss arising out of a lien or encum- estate or interest insured herein must be (d) All payments under this policy, brance for a liquidated amount which based on the provisions of this policy. except payments made for costs, at- existed on the date of this policy and was No provision or condition of this policy torneys' fees and expenses, shall reduce not shown in Schedule B; and provided can be waived or changed except by the amount of the insurance pro tanto further,such coinsurance provisions shall writing endorsed hereon or attached and no payment shall be made without not apply to any loss if,at the time of the hereto signed by the President, a Vice producing this policy' for endorsement occurance of such loss, the then value of President, the Secretary, and Assistant of such payment unless the policy be the premises, as so improved, does not Secretary or other validating officer of lost or destroyed in which case proof exceed one hundred twenty per centum of the Company. of such loss or destruction shall be fur- the amount of this policy. 11. NOTICES, WHERE SENT nished to the satisfaction of the Com- (h) If the land described or referred ' All notices required to be given the pany; provided, however, if the owner to in Schedule A is divisible into separate Company and any statement in writing of an indebtedness secured by a mortgage and noncontiguous parcels, or if con- required to be furnished the Company shashown in Schedule B is an Insured tiguous and such parcels are not used as and shallinclude the number of this policye herein then such payments shall not one single site, and a loss is established and isbe addressed to it toathe hooffme p y g which issued this policy or its home reduce pro tanto the amount of the in- affecting one or more of said parcels but office at 314 S.W. Fourth Ave., Portland, surance afforded hereunder as to such not all, the loss shall be computed and Oregon 97204. SCHEDULE A Amount $43, 410 .00 Date February 21, 1975 At 3:03 P.M. INSURED ---THE CITY OF TIGARD--- The fee simple title to said land is, at the date hereof, vested in THE CITY OF TIGARD, a municipality of the State of Oregon.--- The land referred to in this policy is described as: REVISED EXHIBIT "A" attached; hereto and made a part hereof.--- PAGE 2 OF POLICY NO. 326898 TIM RR VVIISSBITOrder No. 326898 Parcel I EXH ERA" A parcel of land in the North one-half of Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is''89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276.70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125, Washington County Deed Re- cords; thence South 0°33' 30" West parallel to the West line of said certain tract a distance of 186.32 feet to a point; thence South 81°10' West a distance of 900 feet, more or less, to the - - Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03'40" West from the point of beginning; thence North 0°03' 40" East to the point of beginning; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S . W. Durham Road until such time as S. W. 92nd Avenue is dedicated to the public. - Parcel II Those certain real premises in Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux, to Albert W. Polchow et ux, dated November 1, 1963, recorded in Book 499, page 491, Washington County Deed Records, EXCEPTING that portion thereof described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276.70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described' in Book 127, page 125, Washington County Deed Records; thence South 0°33' 30" West parallel to the West line of the said certain tract, a distance of 186.32 feet to a point; thence South 81°10' West a distance of 900 feet, more or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03'40" West from the point of beginning; thence North 0°03'40" East to the point of beginning. Pag A o Policy No. 326898 Order No. 326898 REVISED EXHIBIT "A" continued PARCEL.XIII Beginning at the Northwest corner of that certain tract of land conveyed to John Scheckla by deed of record in Book 127, at Page 125, Deed Records, Wshington County, Oregon, in Section 14, in the Northeast 1/4 of Section 14, Township 2 South, Range 1, West, Willamette Meridian, Washington County, Oregon, said point being on the South line of the Solomon Richardson Donation Land Claim No. 44; thence West along the South line of said Solomon Richardson Donation Land Claim No. 44, 50 feet, more or less, to the Northeast corner of that certain tract conveyed by Donald S . Pollock et ux, to the City of Tigard by deed of record in Book 1002, at Pages 865-866, Deed Records of Washington Connty, Oregon; thence South along the East line of said land so conveyed by Pollock to the City of Tigard to a point on the South line of the Northeast 1/4 of said Section 14, Towns.hi? 2 South, Range 1 West, Willamette Meridian, which bears South 89 54' 40" West 50 feet, more or less, from the Southwest corner of said Scheckla tract, as described in Book 127 at Page 125, Washington County Deed Records; thence North 89°54'40" East 50 feet, more or less, to said Scheckla tract' s Southwest corner; thence North along the West line of said Scheckla tract to the point of beginning. Page 3-B of Policy No. 326898 Oregon Land Title Association Standard Coverage Policy SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or all of which arise by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured on page 1 of this policy. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records; un- patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5 . Statutory powers and assessments of Unified Sewerage Agency. 6 . Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways . 7 . Rights of the public and governmental bodies in the Tualatin River. —— Page 4 of Policy No. 326898 T-30 .4",.,4„. Q at a "k04� fa r orf 7 Zs co :=4:-, \ t'�tT � Iy-r \ 4 • •14 53/195 *� x: w k ,trr 4u1I w, µNw COR SHAVER w o'kR- 30!!!25m �O,9 02 • . rn e- 064c I. - °vr �m q N98° 11'E 602.0' 2464 455.37 3T Il3 RODS 145 22.5 .25 - _- 450 9aa to 14+84.0 P.Cp36 —107 _� _ - CAST '5202 904 16' R/�Y 260 m �aaa 214,5' 5.46 Ac. 1,3/4c, 35{2 �`•1,) 28.274c. GA it o, / �. is r N$10547-5-3)----....4„. a 74..7.1 s3 1 . o » cc I a vsael CS.10410 � -in 0 rJ. /8x/� y W V y� 3a G �a c• 2513c, p tr't LINE SOLOMON = , RICHARDSON DLC 44� - 219.95 a rs 1276 10 IS 1/3 Ch 30 S89°54'E 359.8' o , N. orner John 879,7 8 SW COR E1/2 S'. 127/125 20+27.0 PT. .�, 1504 5' 67R OLC 44 , it.. ?Pm-0 1+./x_1 I - M s co‘t el / y o SGG .r �y \ 0 et gam- tn ', . i o > O c v .rV ,fir_"!J R R, `N • (fg ( t—c,,v t4,e 0 11} N.0 Q p Z ti a c i CENTER SEC f+ 04 • _ 60c.5 5I2 a:25 �+..J 4� R .0, iTerm.Co.Ra.Na 2076 - - _ ..._._ _ ____._� t 1 3 27+39.4 o SEE MAP _. ...M., .... .�.,. ..yr :.�0 ......... a. :�W.a.,::.... FORM No. 633—WARRANTY DEAD. STEVENS-NESS LAW PUB.CO..-PORTLAND,ORE. • 1967/SO 7(14\ \':'-'1,Y 9891 KNOW ALL MEN BY THESE PRESENTS, That DONALD POLLOCK, also. known as ty, DON POLLOCK, and JULIA GAIL POLLOCK,__husband__and__wife, , hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by THE CITY OF TIGARD, a IC!1in-i_c.ipa1i.ty_-of_-__the-_State__of _Or_ego_n., , hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, sit- uated in the County of . Washington and State of Oregon, described as follows, to-wit: N As described on attached Exhibit "A" , headed Description, and by this reference , made a N part hereof. 1 IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except as above, Until a change is requested, all tax statements are to be sent to the following address : and that grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the law- ful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ L 31 1110. ®Hewrevet;ft ac ,cal-•sensisleratier3-consists-0L o -includes_other_property_.or._value iiten_ar_promised_which_is_ part-of-the oeRS dereti indicate Q- H7C MhO�e- In construing this deed and where th_.� c ntext so requires ,the sin ular includes the plural. WITNESS grantor's hand this ..._ __ .. --____day of G -71- , 19. 74 . , l j ,21 ( STATE OF OREGON, County of Washington ) ss. 0 ' Personally appeared the above named DONALD POLLOCK, also known as__DON POLLOCK.,.. and and JULIA GAIL POLLOCK, husband and wife , and acknowledged the foregoing instrument to be -t their voluntary act and deed. Before in - OFFICIAL SEAL) Pottary Public for Orkgon r, My commission expires _--.J-` -- -(.L_ / r 76 INOTE—The sentence between the symbols Q, if not applicable, should be deleted. See Chapter 462, Oregon Laws/1967, as amended by the 1967 Special Session. ° WARRANTY DEED STATE OF OREGON }ss. b DONALD POLLOCK, also known. County of '. as DON POLLOCK, and JULIA I certify that the within instru- O GAIL POLLOCK,___h-usband._and. merit was received for record on the Cwife, TO day of , 19 , (DON'T USE THIS 1 THE CITY OF TIGARD, a mun- SPACE;RESERVED at o'clock _M., and recorded icipality of the State of FOR RECORDING in book on page or as ,{ Oregon LABELTTIES WHEREN filing fee number , Rec- V`D` AFTER RECORDING RETURN TO USED.) Old of Deeds of said County. CI nT,l,, .,� Witness my hand and seal of G'' ANDERSON County affixed, o l-1,i L1;t('ys Law 8°85 S. W. Ccnthr St.At- P. 0. Box rn 1I°'', Gi-— ,� ,7223 23006 - Title DIA F;,000 5 60By Deputy ANDERSON, DITTMAN & ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. 0. BOX 23006, TIGARD, OREGON 97223 639-1121 FRED A. ANDERSON December 16 , 1974 DERRYCK H. DITTMAN ROGER F. ANDERSON Mrs. Dori s Hartig City Recorder 7q-• City of Tigard CiTY P. O. Box 23557 OF ,IGARD Tigard, Oregon 97223 Re : Pollock to City of Tigard Dear Doris : Herewith for the permanent land records of the City of Tigard the following documents concerning the above refer- enced transaction: Title Insurance Company' s Policy No. 326-898, insuring fee simple title in the City of Tigard with respect to Parcels I and II as therein described. Deed from Donald Pollock and Julia Gale Pollock to City of Tigard. I enclose herewith copies of the tax receipts obtained in settlement of the tax liabilities for all prior and cur- rent year taxes . These should be retained in the City' s files in the event at any later time any question concerning tax clearance may arise . I also enclose herewith a copy of letter dated October 10 , 1974 , addressed to the Sellers offering to purchase said premises on the terms and conditions which were later form- alized as a basis for the transaction. I have previously submitted my invoice for services rendered in this connection and presume it will be placed in line for payment in the normal course of the City ' s affairs . Very truly yours, ANDERSON,/DITTMAN & ANDERSON i / Frtd. A. Anderson FAA:pml Encl. EXHIBIT "A" 9,891 DESCRIPTION TRACT I -- A parcel of land in the North one-half of Section 14 , Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No ., 44 that is 89°56 ' 20" West along said South line a distance of 660 . 00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56 ' 20" East along said South line a distance of 1276 . 70 feet to a point that is North 89°56 ' 20" West along said South line 50 . 00 feet from the Northwest corner of that tract of land described in Book 127 , page 125 , Washington County Deed Records ; thence South 0°33 ' 30 " West parallel to the West line of said certain tract a distance of 186 . 32 feet to a point; thence South 81010 ' West a distance of 900 feet, more or less , to the Tualatin River; thence Northwesterly along said river 450 feet, more or less , to a point that bears South 0°03 ' 40" West from the point of beginning; thence North 0°03 ' 40" East to the point of beginning; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S.W. Durham Road until such time as S. W. 92nd Avenue is dedicated to the public . SUBJECT TO: Easements , conditions and restrictions of public record; rights of the public in any portion within roads and highways ; statutory powers and assessments of Unified Sewerage Agency ; rights of the public and governmental bodies in the Tualatin River ; and the usual printed exceptions of title policies . TRACT II -- Those certain real premises in Section 14 , Township 2 South, Range 1 West, Willamette Meridian, Washington County , Oregon, described in contract from John Bilyeu et ux , to Albert W. Polchow et ux , dated November 1 , 1963 , recorded in Book 499 , page 491 , Washington County Deed Records , EXCEPTING that portion thereof described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No . 44 that is 89°56 ' 20" West along said South line a distance of 660 . 00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56 ' 20 " East along said South line a distance of 1276 . 70 feet to a point that is North 89°56 ' 20 " West along said South line 50 . 00 feet from the Northwest corner of that certain tract of land described in Book 127 , page 125 , Washington County Deed Records ; thence South 0°33 ' 30" West parallel to the West line of the said certain tract , a distance of 186 . 32 feet to a point ; thence South 81°10 ' West a distance of 900 feet, more or less , to the Tualatin River; thence Northwesterly along said river 450 feet , more or less , to a point that bears South 0°03 ' 40 " West from the point of beginning ; thence North 0°03 ' 40" East to the point of beginning . SUBJECT TO: Easements , conditions and restrictions of public record, rights of the public in any portion within roads and highways , statutory powers and assessments of Unified Sewerage Agency; rights of the public and governmental bodies in the Tualatin River ; and the usual printed exceptions of title policies . !az tecowd.jal- .. ..19 at 11-144 M. KON LU4J 866 ROGER THOMSEN, Dialotat af Atutotrls & ElectIone ...... Deputy Oregon Land Title Association 4113if rg,VS ,,####4 #4. Standard Coverage Policy 4:-43#41,0- Premium $ 0 2.0 0 to$0,11, Aesg! *rig teVe*otet Atto.:.41. Arp!, Vatits5:S'',Z tIA POLICY OF TITLE INSURANCE ISSUED BY ?eerieec 's€fta 0.94. TITLE INSURANCE COMPANY OF OREGON, a corporation, (incorporated under the laws of the State of Oregon), hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by disso- lution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, to- gether with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: I. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY OF OREGON has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer of the corporation. 7eele Tst4 eeeoseitamy oj arza Countersigned -- PRESIDENT zPORA ATTEST SECRETARY Authorized Officer " 7s- #14,#44. 4 - *- 4, k, 40- 11A4*. TI 12 BS CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) day period. Failure to furnish such state- isured, except to the extent that such set, on a pro rata basis as if the face ment of loss or damage, or to commence payments reduce the amount of the amount of this policy was divided pro such action within the time hereinbefore indebtedness secured by such mortgage. rata as to the value on the date of this specified, shall be a conclusive bar Payment in full by any person or vol- policy of each separate independent parcel against maintenance by the Insured of untary satisfaction or release by the to the whole, exclusive of any improve- any action under this policy. Insured of a mortgage covered by this ments made subsequent to the date of 6. OPTION TO PAY, SETTLE OR COMPRO- policy shall terminate all liability of the this policy, unless a liability or value MISE CLAIMS Company to the insured owner of the has otherwise been agreed upon as to The Company shall have the option to indebtedness secured by such mortgage, each such parcel by the Company and pay or settle or compromise for or in the except as provided in paragraph 2 hereof. the Insured at the time of the issuance of name of the Insured any claim insured (e)When liability has been definitely this policy and shown by an express against or to pay the full amount of this fixed in accordance with the conditions statement herein or by an endorsement policy, or, in case loss is claimed under of this policy the loss or damage shall be attached hereto. this policy by the owner of the indebted- payable within thirty days thereafter. 10. SUBROGATION UPON PAYMENT OR ness secured by a mortgage covered by 8. LIABILITY NONCUMULATIVE SETTLEMENT this policy, the Company shall have the Whenever the Company shall have option to purchase said indebtedness; It is expressly understood that the settled a claim under this policy, all such purchase, payment or tender of amount of this policy is reduced by any right of subrogation shall vest in the payment of the full amount of this policy, amount the Company may pay under any Company unaffected by any act of the together with all costs, attorneys' fees policy insuring the validity or priority Insured, and it shall be subrogated to and and expenses which the Company is of any mortgage shown or referred to in be entitled to all rights and remedies obligated hereunder to pay, shall termi- Schedule B hereof or any mortgage here- which the Insured would have had nate all liability of the Company here- after executed by the Insured which is a against any person or property in respect under. In the event, after notice of claim charge or lien on the estate or interest to such claim had this policy not been has been given to the Company by the described or referred to in Schedule A, issued. If the payment does not cover the Insured, the Company offers to purchase and the amount so paid shall be deemed a loss of the Insured, the Company shall said indebtedness, the owner of such payment to the Insured under this policy. be subrogated to such rights and remedies indebtedness shall transfer and assign The provisions of this paragraph num- in the proportion which said payment said indebtedness and the mortgage secur- tiered 8 shall not apply to an Insured bears to the amount of said loss. If loss ing the same to the Company upon owner of an indebtedness secured by a should result from any act of the In- mortgage shown in Schedule B unless sured,such act shall not void this policy, payment of the purchase price. 7. PAYMENT OF LOSS such Insured acquires title to said estate but the Company, in that event, shall be or interest in satisfaction of said in- required to pay only that part of any (a) The liability of the Company debtedness or any part thereof. losses insured against hereunder which under this policy shall in no case exceed, shall exceed the amount, if any, lost to in all, the actual loss of the Insured and 9. COINSURANCE AND APPORTIONMENT the Company by reason of the impair- costs and attorneys' fees which the Com- (a) In the event that a partial ment of the right of subrogation. The pany may be obligated hereunder to pay. loss occurs after the Insured makes an Insured, if requested by the Company, (b) The Company will pay, in addi- improvement subsequent to the date of shall transfer to the Company all rights tion to any loss insured against by this this policy, and only in that event, the and remedies against any person or prop- policy, all costs imposed upon the In- Insured becomes a coinsurer to the extent erty necessary in order to perfect such sured in litigation carried on by the hereinafter set forth. right of subrogation, and shall permit Company for the Insured, and all costs If the cost of the improvement ex- the Company to use the name of the and attorneys' fees in litigation carried ceeds twenty per centum of the amount Insured in any transaction or litigation on by the Insured with the written of this policy, such proportion only of involving such rights or remedies. authorization of the Company. any partial loss established shall be borne If the Insured is the owner of the in- (c)No claim for damages shall arise by the Company as one hundred twenty debtedness secured by a mortgage covered or be maintainable under this policy (1) per centum of the amount of this policy by this policy, such Insured may release if the Company, after having received bears to the sum of the amount of this or substitute the personal liability of any notice of an alleged defect, lien or en- policy and the amount expended for the debtor or guarantor, or extend or other- cumbrance not excepted or excluded improvement. The foregoing provisions wise modify the terms of payment, or herein removes such defect, lien or en- shall not apply to costs and attorneys' release a portion of the estate or interest cumbrance within a reasonable time after fees incurred by the Company in prose- from the lien of the mortgage, or release receipt of such notice, or(2)for liability cuting or providing for the defense of any collateral security for the indebted- voluntarily assumed by the Insured in actions or proceedings, in behalf of the ness, provided such act does not result in settling any claim or suit without Insured pursuant to the terms of this any loss of priority of the lien of the written consent of the Company, or (3) policy or to costs imposed on the Insured mortgage. in the event the title is rejected as un- in such actions or proceedings, and shall 11. POLICY ENTIRE CONTRACT marketable because of a defect, lien or apply only to that portion of losses which Any action or actions or rights of encumbrance not excepted or excluded exceed in the aggregate ten per cent of action that the Insured may have or may in this policy, until there has been a the face of the policy. bring against the Company arising out final determination by a court of com- Provided, however, that the foregoing of the status of the lien of the mortgage hetent jurisdiction sustaining such re- coinsurance provisions shall not apply to covered by this policy or the title of the jection. any loss arising out of a lien or encum- estate or interest insured herein must be (d) All payments under this policy, brance for a liquidated amount whichbased on the provisions of this policy. except payments made for costs, at- existed on the date of this policy and was No provision or condition of this policy torneys' fees and expenses, shall reduce not shown in Schedule B; and provided can be waived or changed except by the amount of the insurance pro tanto further, such coinsurance provisions shall writing endorsed hereon or attached and no payment shall be made without not apply to any loss if,at the time of the hereto signed by the President, a Vice- producing this policy for endorsement occurance of such loss, the then value of President, the Secretary, and Assistant of such payment unless the policy be the premises, as so improved, does not Secretary or other validating officer of lost or destroyed in which case proof exceed one hundred twenty per centum of the Company. of such loss or destruction shall be fur- the amount of this policy. 12. NOTICES, WHERE SENT nished to the satisfaction of the Com- (b) If the land described or referred All notices required to be given the pany; provided, however, if the owner to in Schedule A is divisible into separate Company and any statement in writing of an indebtedness secured bya mortgage and noncontiguous parcels, or if con- required to be furnished the Company g F shall include the number of this policy shown in Schedule B is an Insured tiguous and such parcels are not used as and shall be addressed to it at the office herein then such payments shall not one single site, and a loss is established which issued this policy or to its main reduce pro tanto the amount of the in- affecting one or more of said parcels but office at 425 S.W. Fourth Ave., Portland, surance afforded hereunder as to such not all, the loss shall be computed and Oregon 97204. SCHEDULE A Amount $43,410.00 Date December 3, 1974, At 3 :35 P.M. INSURED ---THE CITY OF TIGARD--- The fee simple title to said land is, at the date hereof, vested in THE CITY OF TIGARD, a municipality of the State of Oregon.--- The land referred to in this policy is described as: See REVISED EXHIBIT "A" attached.--- PAGE 2 OF POLICY NO. 326898 TI 28 Order No. 326898 REVISED Parcel I EXHIBIT "A" A parcel of land in the North one-half of Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276.70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125, Washington County Deed Re- cords; thence South 0°33' 30" West parallel to the West line of said certain tract a distance of 186.32 feet to a point ; thence South 81°10' West a distance of 900 feet, more or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03' 40" West from the point of beginning; thence North 0°03' 40" East to the point of beginning; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S . W. Durham Road until such time as S. W. 92nd Avenue is dedicated to the public. Parcel II Those certain real premises in Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux, to Albert W. Polchow et ux, dated November 1, 1963, recorded in Book 499, page 491, Washington County Deed Records, EXCEPTING that portion thereof described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276.70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125, Washington County Deed Records; thence South 0°33' 30" West parallel to the West line of the said certain tract, a distance of 186.32 feet to a point; thence South 81°10' West a distance of 900 feet, more or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03'40" West from the point of beginning; thence North 0°03'40" East to the point of beginning. Page 3 of Policy No. 326898 Oregon Land Title Association Standard Coverage Policy R8-60 SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured in Paragraphs numbered 4 and 5 on page 1 of this policy. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could he ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Statutory powers and assessments of Unified Sewerage Agency. 6. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. 7. Rights of tie public and governmental bodies in the Tualatin River.--- Page 4 of Policy No. 326898 TI-30 55551 ► This s)--tch is for location purposes , ^ only a. no liability is assumed i any variations determined by surve,z. : TITLE INSURANCE COMPANY OF OREGON `! _ SI:, 646-8181 " v 2. SCALE MAP NO. 6, on EAST 264' — CO ti ti °; 0 CO — to NW COR SHAVER 53/ 195 " • ;902 (1) ., 3,03 Ac. m 0 I 294.64 triit w /_ N98° 11'E 602.0' 22.5 -2 30 _ `" 37 1/3 ROOS 1 4--r. k3 I g' 900 ,o (II ,�� 1 !l.56 Ac '✓✓ I 2/ ii k,/ o-^ j� 0/ 0) s 'n +/ o K /, T a mo 0 �0// 'N O V'! 4f t 214.95' 399°54'E OUTH LINE SOLOMON RICHAROSON ALC 44 N.W.Corner John 660' Sheckia 127/125 901 .' /4.47Ac. el . . _I r g115 10 c �i � el Wila < U " 2 aa 10 A 1 � r OI o L ik I; I/4 3EC COR ' I- ' 660' f--i--' I.. Ir. ,, FORM No.723—BARGAIN AND SALE DEED. STEVENS-NESS LAW PUB.CO.,PORTLAND,ORE. 1967 89O KNOW ALL MEN BY THESE PRESENTS, That C, H, SLEMONS and MARY SLEMONS„ ___ _____husba.nd and,..wife., 1 , hereinafter called grantor, Ill for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto THE CITY_ OF TIGARD, a municipality -of the State of Oregon, 11 1 hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the il tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County li of Washington , State of Oregon, described as follows, to-wit: .1 11 1 As described on attached sheet headed I 1 --)1 Description, marked Exhibit "A", and 1, 1 ! , V! by this reference, made a part hereof, !, 1 1 1; ], 1, _ ! , This Deed is executed and delivered for title clearing purposes only and without other consideration. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) 1, To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ lArli-,.6' Q14(4wo.var,--tlae-aatual-..considezation-consists-of-4=-ivcludas-athex-prapart.3L..ar_ualue_givea_ar_pzamisad_whirb_is the-wilGie In construing construing this deed the singulaksincludes the lu as the circjamstances may require. Witness grantor's hand this ) .,7 day of //L-tf-eA-'c4e - , 19.7V . STATE OF OREGON, County of k:44,4____ ,___, ss. . eay._:.23,j , 19_34...... Personally appeared the above named C. H. SLEMONS and MARY S._ SLEMONS, husband ! I ad_ w_ife, and acknowledged the foregoing instrument to be __ __their voluntary act and deed. Before me: (OFFICIAL SEAL) Notary Public for Oregon , My commission expires NOTE—The sentence between the symbols C), if not applicable,should be deleted.See ORS 93.030. f 1 i Bargain and Sale Deed STATE OF OREGON ss. County of C. H. SLEMONS and MARY S. I certify that the within instru- ment was received for record on the 01 SLEMONS, husband and wife, day of . , 19. , )\. 1 TO (DON'T USE THIS SPACE; RESERVED at o clock M., and recorded cl THE CITY OF TIGARD, a munici- FOR RECORDING in book on page or as , 1 LABEL of of i palty the State Oregon. IN COON- WHERE filing fee number , Rec- TIES USED.) ord of Deeds of said County. 3 ! AFTER RECORDING RETURN TO Witness my hand and seal of -... 1 4 County affixed. . [ c• — ' ,.... ' ,A1L-,oC---rW„, itAI aW o ci ui.)cl Title BOOK 1002 pAcEo I.:;,. .,' ,- ''' bOX 23006 By Deputy - .1 ........_,,,i Records & Elections' --- - Deputy k 3 3 .35 tlf 974 FORM No. 633-WARRANTY DEED (Individual or Co ..rate). S' VENS-NESS LAW PUZILISHING CO PORTLAND,OR.97204 1-1-74 - ..1 rt,rrcb' WARRANTY DEED *Qss9' , . . KNOW ALL MEN BY THESE PRESENTS, That JACQUELINE F. HOSELTON I 11 1 1 hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by I DONALD POLLOCK and JULIA GAIL POLLOCK, husband and wife,, , hereinafter called II the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit: I , **.• \S) As described on attached sheet headed 1 ist,cX vJ Description, marked Exhibit "A" , and I by this reference , made a part hereof. 11 1 1 ' 1 , (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. i I 1 And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except as I described in Exhibit "A" , and also excepting any encumbrances 1 arising by the act or failure to act of any person other than li Grantors, and that 11 ii grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encurr4.renn, The true and actual consideration paid for this transfer, stated in terms of dollars, is $ ., -wor-Elle-aot.thal--eeesicleoegee-cenaiets-ef-ep-inskiele,s-etlaer-wepegt47-er-galua-414tesn-stx-prosnised--whick-is I tha_mliale- . par4,444,e-ceffsideratien-Eimiieate-whisit)va(4We-serrtertcz-hetween*the-armbeisWfiiinet-tepOienele"tgremid4e40484ed,-.500-CiRS-9a,0.304— I 1 In construing this deed and where the context so requires, the singular includes the plural and all grammatical 1 i changes shall be implied to make the provisions hereof apply equally to corRorations and to individuals. In Witness Whereof, the grantor has executed this instrument this -,• .-- 0 day of October , 19 71. if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, dul authorized thereto by i order of its board of directors. (1 Air (If executed by a corporation, / 4.,,,b ..) Iaffix corporate seal) -,..., - 1 STATE OF OREGON, ) STATE OF OREGON, County of )ss. )ss. , County of Washington 19 ) • October ,.._,e) , 19 714 Personally appeared and [ who, being duly sworn, each for himself and not one for the other, did say that the former is the Personally appeared the above named JACQUELINE F. HOSELTON president and that the latter is the secretary of a corporation, and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal voluntary ment to be act and deed,herof said corporation and that said instrument was signed and sealed in be- half of said corporation by authority of its board of directors; and each of 11 them acknowledged said instrument to be its voluntary act and deed. Before me: (OFFICIAL II SE SEAL) Notary Public for(Ore on /4 f/9/it, Notary Public for Oregon 11 My commision expit AI'1.. I dr/ f .My commission expires: (t 11 JACQUELINE F. OSELTON STATE OF OREGON, 11 }ss. i 1 GRANTORS NAME AND ADDRESS County of I certify that the within instru- 1 DONALD POLLOCK and JULIA GAIL ment was received for record on the POLLOCK, husband and wife day of ,19 11 , at o'clock M., and recorded GRANTEE'S NAME AND ADDRESS SPACE RESERVED in book on page or as tE After It\ no 4.CI: 11:7FOR Vii & ANDERSOn file/reel number •-') I RECORDER'S USE ) t,' 1 Pt711S. i taw 265 S. W. kf31cr S',. - P. O. Box 2300i Record of Deeds of said county. Witness my hand and seal of 1.) 1 County affixed. :'' "Vf4PP1SSS'ZIP N) 1 Until a change is requested all tax statements shall be sent to the following address. Recording Officer NN I 1 -....„,l -P By Deputy gr n r PI tiii -‘c, 861 NAME.ADDRESS.ZIP +.) ,-, ..4... +di f',, , . DESCRIPTION e'SR9 A parcel of land in the North one-half of Section 14, Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No . 44 that is 89°5620" West along said South line a distance of 660. 00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56 ' 20" East along said South line a distance of 1276 . 70 feet to a point that is North 89°56' 20" West along said South line 50. 00 feet from the Northwest corner of that tract of land described in Book 127, page 125, Washington County Deed Records ; thence South 0°33' 30" Westrarallel to the West line of said certain tract a distance of 186. 32 feet to a point ; thence South 81°10' West a distance of 900 feet, more or less , to the Tualatin River; thence Northwesterly along said river 450 feet , more or less , to a point that bears South 0°03 ' 40" West from the point of beginning; thence North 0°0340" East to the point of beginning; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S . W. Durham Road until such time as S . W. 92nd Avenue is dedicated to the public . SUBJECT TO: Easements , conditions and restrictions of public record; rights of the public in any portion within roads and highways ; statutory powers and assessments of Unified Sewerage Agency ; rights of the public and governmental bodies in the Tualatin River; and the usual printed exceptions of title policies . e/°(\ i) STATE OF OREGON n ! County of Washington I adE RogerThomssen,x_ofire and Elections nicDd9r ioRecordoef Recorder ofRecords Con- veyances for said county, do herey certify That the within instrument of writing wos received and recorded in book of records No. ---- ------ ------- ----------- ----- of saidCounty EXHIBIT "A" Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections °X12 Deputy DEC 3 3 35 t' '7L BOOK 1002 PAGE OU POPAi No, 633—WARRANTY DEED (Individual or -ate). iENS-NESS LAW PUBLISHING CO PORTLAND.OR.97204 11-14.- WARRANTY DEED • 1 t'8 9 8 KNOW ALL MEN BY THESE PRESENTS, That HOWARD S . GASS and MARGARIL'T A. II I GASS , husband and wife II hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by JA.CQUELINE H. HOSELTOI4 . , hereinafter called ,... the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and . . assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of. Was and State of Oregon, described as follows, to-wit: 11 Those certain real °remises described on the attached Exhibit A , by this reference made a °art hereof. . 1 11 ,i I 1 , 1 1 UP SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE} i 1 To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. ir And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that 11 grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances excepting, I as above stated and any incumbrances arising by the act or failure to act ,. i of any person other than Grantors . and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful clai cn 1 and demands of all persons whomsoever, except those claiming under the above described encu ran es. 1 The true and actual consideration paid for this transfer, stated in terms of dollars, is $ I ()However, the actual consideration consists of or includes other property or value given or promised which is 1 the whole part of the consideration (indicate which).®(The sentence between the symbols®,if not applicable,should be deleted.See ORS 93.030.) I In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to)pdivi u s. li I i In Witness Whereof, the grantor has executed this instrument this (1 day of ir,„ .. , 19.7 4 ; 1 i if a corporate grantor, it has caused its name to be signed an4 s al affixed by ' s Off• i.s, Jyly authorized thereto by order of its board of directors. 1 1 ./ ./ 7 1 s , (If executed by a corporation, .//1(4. .4 cr'...' i .t (Z - I affix corporate seal) I II V , II , , STATE OF OREGON, ) STATE OF OREGON, County of )ss. I )ss. , 19 ( i CountyWashingtonof )I ...'7/e.&'4---1 /7 , 19 7 11 . Personally appeared and who, being duly sworn, 'I d HOWARD each for himself and not one for the other, did say that the former is the I Personally appeared the above named II S . GASS and MARGARET A. GASS , president and that the latter is the ill husband and wifesecretary of i . , a corporation, and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal sl rnent to be their voluntary act and deed, of said corporation and that said instrument was signed and sealed in be- half of said corporation by authority of its board of directors; and each of I them acknowledged said instrument to be its voluntary act and deed. Bef e e: Before me: „„...._,,,4 ,4,„, ..,^1 (OFFIC --et-Irk—or—is-- -`-- ' s- ' ' (OFFICIAL SEAL) SEAL) , Notary Public for Oregon Notary Public for Oregon My commision expires Jan. 19 , 1976 My commission expires: II, l' 1 STATE OF OREGON, 11 ss. 1 County of GRANTOR S NAME AND ADDRESS I certify that the within instru- ment was received for record on the k 1 day of ,19 Lr) GRANTEES NAME AND ADDRESS SPACE RESERVED at o'clock M., and recorded ' N- I After recording return to: FOR in book on page or as 'c) I l'.\--17-:,:-. - , - A'''-3Cy4A1 RECORDER'S USE file/reel number , .• - Record of Deeds of said county. i , Law .. ) Witness my hand and seal of A .ADDRESS Box 23006 County affixed. NZIP ,, t, Jil/1 --N Until a change is regueiled all tax statements sfra be sent to the following address. Recording Officer By Deputy I NAME.ADDRESS.ZIP BOD 1002- pALF L95 9 - , Order No. 326899 9888 EXHIBIT "A" A parcel of land in the North one-half of Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276. 70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125, Washington County Deed Re- cords ; thence South 0°33' 30" West parallel to the West line of said certain tract a distance of 186. 32 feet to a point ; thence South 81°10' West a distance of 900 feet, mare or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less , to a point that bears South 0°03 ' 40" West from the point of beginning; thence North 0°03 ' 40" East to the point of beginning; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S . W. Durham Road until such time as S . W. 92nd Avenue is dedicated to the public. SUBJECT TO : Easements , conditions and restrictions of public record; rights of the public in any portion within roads and highways ; statutory powers and assessments of Unified Sewerage Agency ; rights of the public and governmental bodies in the Tualatin River ; and the usual printed exceptions of title pollcies . STATE OF OREGON County of Washington ss saThoi d mcsosuentyn, idreocto herebyr Records certify vaenydancElleecsRpg tiafonserr and Ex-Officio Rec'order of Con that the within instrument ofwrrecitionigds was received and recorded in book of No. . of said County Witness my hand and seal affixed. • ROGER THOMSSEN, Director of Records & Elections . • eer uty• • On 3 3 35 ttl 0 1-\ I • BOCK AGE 1002 p 869 - - . . FOSWI No. 633-WARRANTY DEED (Individual or Cc .te). 5' -SS-NESS LAW PUBLISHING CO . PORTLAND,OR.57204 T --- -. 11 1-1-74 • WARRANTY DEED , ...., KNOW ALL MEN BY THESE PRESENTS, That J . C . BILYEU and RI-TEA BILYEU RYAN 1 11 ' I hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by DONALD POLLOCK and JULIA GAIL POLLOCK, husband and. wife , 1 , hereinafter called ,; the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and , n assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit: H ,, As described on attached sheet headed ! ' Description , marked Exhibit "A" , and 11, by this reference , made a part hereof. 1, 1 11 1 1 , i t--- , . ...).- 1 Llti (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except as I described in Exhibit "A" , and also excepting any encumbrances arising by the act or failure to act of any person other than Grantors , and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 7-X 11j O.Liew gger.,-the-actual-.sonsidration-40raists—oi-or-includes--other-Aroper.ty...or...3t.altie_give.n_cir_pramiseti'Ala].Js.- , the 7;4w/t' pa,rot thr Considaration-(itulicate-which9.04Xhe-oefiterwebetween-the-synahole.C4 ii not applica)Worshoukl-be deleted—See-ORS-93..a30-,L In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals i In Witness Whereof, the grantor has executed this instrument this...ii day of 0).bM-b-.11- , 197_4_4 11 • 1, if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by II order of its board of directors. II ....1,i-„,...... ...........,_ -' ., ',(III (If executed by a corporation, affix corporate seal) 1 K ,7- "'---4-,2 .. • , 1 i 1 STATE OF OREGON, . ) Si Mir' :, OP \PNADA ) )ss. Cou.I„, l ,. _ ,' or Clark ) Cnty of ) .. .and 197. . .... ii,.-- -7.--:.--r--2---,Z%' --- / 197 4 vorn, 11 ea ; the I Personally appeared the above named — Personally appeared the above ; me J. ... C.. Bily..e.u...zu, — named RHEA BILYEU RYAN and 11 Ryan I and acknowledged the foregoing instru- — acI'L:newledged the foregoinfT, tion, seal 11 ment to be their voluntary act and deed. :7 instrument to be her voluntary I be- ha act and deed. ;hof I th. 11 (OFFICrAZ___ „0€-4-00t-4--eX--a--' d 4-1.4,7' '3efore/me ; :IAL 11 - ' . SEAL) 1 Notary Public for 0 e on .„_ My commision expires -4"."Pi,/ . m , otary Public for T rvada Hy Cornron Exrire17-17, — ,111 J . C . Bilyeau and I ( STATE OF ORECiO1V, Rhea Bilyeu Ryan }ss. 1 County of . . . . GRANTOR'S NAME AND ADDRESS I certify that the within instru- Donald Pollock and Julia Gail merit was received for record on the Pollock, husband and wife , 1 day of ,19 , 11 at o'clock M., and recorded GRANTEE'S NAME AND ADDRESS SPACE RESERVED 1 in book on page,............ .or as After recording return to: FOR I file/reel number , •." 1 ANDERSON, DITTMAN & ANDERSON RECORDER'S USE .C..1 ' Record of Deeds of said county. ki,orn?ys At Law Witness my hand and seal of 8885 S.. VL. Untaz.St----- P. 0 Box- 23008 County affixed. r...r,A 7,eA 7,D1;3 EA).4A Until a change is requesteea 4ax itatetnents Stan.We sent to the following address. - •,, Recording Officer Cx 11 . 00?.,, ?ME 57BY 8 1 Deputy I NAME.ADDRESS,ZIP WJK • LL ... — • Order No. 326899 9881 EXHIBIT "A" A parcel of land in the North one-half of Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56' 20" East along said South line a distance of 1276. 70 feet to a point that is North 89°56 ' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125 , Washington County Deed Re- cords ; thence South 0°33 ' 30" West parallel to the West line of said certain tract a distance of 186 .32 feet to a point ; thence South 81°10' West a distance of 900 feet, mexe or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03 ' 40" West from the point of beginning ; thence North 0°03 ' 40" East to the point of beginning ; TOGETHER WITH the use of an existing roadway from the Southeast corner of the above described lands Northerly to its intersection with S . W. Durham Road until such time as S . W. 92nd Avenue is dedicated to the public. SUBJECT 70 : Easements , conditions and restrictions of public record; rihts of the public in any portion within roads and highways ; statutory powers and assessments of Unified Sewerncre Ar,:ency ; rights of the public and rovernmental bodies in the Tualatin hiver ; and the usual printed exceptions of title pol (m . ry-etzi "1/ STATE OF OREGON G6A4/49 unty of Washington " I, Roger Thomssen, Director of Records • and Elections and Ex-Officio Recorder of Con- veyonces for said county, do hereby certify that the within instrument of writing was received ond recorded in book of records No. of said County Witness my hand and seal affixed. ! • "1-002 PACE858 ROGER THOMSSEN, Director of ?xi\ Records & Elections • Deputy Dm 3 3 35 NI 974 FORM No. 633—WARRANTY DEED (Individual or Cv-oorate). c-- VENS-NESS LAW PUBLISHING CO.PORTLAND,OR.97204 I — 1-1-74 08c 6 WARRANTY DEED ILA ...0 • KNOW ALL MEN BY THESE PRESENTS, That HOWARD S. GASS and MARGARET A. I' I GASS, husband and wife, 11 , hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by DONALD POLLOCK and JULIA GAIL POLLOCK, husband and wife , , hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and 1 assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit: ‹,) 1 NI) ] As described on attached Exhibit "A" , headed il Description, and by this reference , made a ' .,, part hereof. . . 1 , . - .4 ei (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that - i grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances excepting 'I as described in Exhibit "A" , and also excepting any encumbrances arising by the act or failure to act of any person other than Grantors , 'IIand that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims 11 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 dollars, is $./.. '4'•,i -..- . CiPiewever)-the-actual-eensiderlatiertr.ransists-rrf-or-incirzdes-other-property-or--rahre-gtrun-or prumtserl-which-is- 4he'1 _par.roSe .ty.f th,e„eoneaieretiorz-(4fedieetie-vrhieir)70(The sentence between the symbols @,if not applicable,should be deleted.See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical II li changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. 11 In Witness Whereof, the grantor has executed this instrument this /7 _day of October , 197k ; ;1 if a corporate grantor, it has caused its name to be signed an seal affixed y it$ ketisl-duly authorized thereto by 1I I order of its board of directors. 1 (if executed by a corporation, . )1 .,,1'..,:"LA.....Z a i affix corporate seal) 11 , 1 11 STATE OF OREGON, ) STATE OF OREGON, County of )ss. )ss. , 19 County of Washington ) . II 1' October / "7 , 19 7)4 . Personally appeared and Il' who, being duly sworn, 11 1` Personally appeared the above named HOWARD S. each for himself and not one for the other, did say that the former is the II GASS and MARGARET A. GASS , president and that the latter is the i husband and wife , secretary of a corporation, I and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal ment to be their voluntary act and deed, of said corporation and that said instrument was signed and sealed in be- 1, half of said corporation by authority of its board of directors; and each of I' hem acknowledged said instrument to be its voluntary act and deed. Befo e: , - , , Before me: (OFFICIA1r—. ,„„e e Li_ (Le-, ...._L....ex ( "1,---Y---) (OFFICIAL SEAL) ---' SEAL) il Notary Public for Oreg la, 0.1) Notary Public for Oregon 11 My cornmision expires .., uI.A..(-1/ . My commission expires: i HOWARD S. GASS and ARGARET A . STATE OF OREGON, I GASS, husband and wife, }ss. GRANTOR'S NAME AND ADDRESS County of 1 I certify that the within instru- , DONALD POLLOCK and JULIA GAIL ment was received for record on the POLLOCK, husband and wife . day of ,19 , GRANTEE'S NAME AND ADDRESS SPACE RESERVED at o'clock M., and recorded in book on page _ _ . or as 11 After recording return to: FOR RECORDER'S USE file/reel number , _,...,...,- ' . . •A ANARS'ilite Record of Deeds of said county. li Witness my hand and seal of [i ,..„..1. `4, ' ./41AME ADDRER'Zi,Z'fit,X. zatui. County affixed. I, I 1 Until a change is requested all tax'StatatientAbe sent to the following address. 11 Recording Officer I 1 By Deputy 0_01c 1002 F.AJ 855 11 NAME,ADDRESS,ZIP L.... 896 Order No. 326898 9 EXHIBIT "A" Those certain real premises in Section 14, Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux, to Albert W. Polchow et ux, dated November 1, 1963, recorded in Book 499, page 491, Washington County Deed Records, EXCEPTING that portion thereof described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660.00 feet from the Southwest corner of the East one—half of the said Donation Land Claim; thence South 89°56 ' 20" East along said South line a distance of 1276 . 70 feet to a point that is North 89°56' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125, Washington County Deed Records ; thence South 0°33 ' 30" West parallel to the West line of the said certain tract, a distance of 186. 32 feet to a point ; thence South 81°10' West a distance of 900 feet , more or less, to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03 ' 40" West from the point of beginning; thence North 0°03' 40" East to the point of beginning. SUBJECT TO : Easements , conditions and restrictions of public record; rights of the public in any portion within roads and highways ; statutory powers and assessments of Unified Sewerage Agency ; rights of the public and governmental bodies in the Tualatin River; and the usual printed exceptions of title policies. STATE OF OREGON ss County of Washington 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 No. of said County 0 4°41 Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections e'l/P Deputy • [kc 3 3 35 ill 'N BOOK 1002 PAGE 856 0 FO!*No, 633—WARRANTY DEED (Individual or Cop ‘ . S- '-NESS LAW PUBLISHING CO.PORTLAND,OR.97204 1-1-74 — 7 I WARRANTY DEED I I KNOW ALL MEN BY THESE PRESENTS, That , - . BILYEU and RHEABILYEU RYAN li 11 hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by_ HOWARD S . GrASS and MARGARET A. SASS , husband. and wife , hereinafter called li the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit: ,I N.% 1 As described on attached. Exhibit "A" , headed r\CDescription and by this reference , made a n H part hereof. 11 1 ' I , ' I 11 ' 1 . I I II I I I I ' 11 I' , I , I 2 I (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that 1 grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except i rl p", .,-- . as described in Exhibit "A" , and also excepting any encumbrances arising by the act or failure to act of any person other than Grantors . and that 11 grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims !:1 and demands of all persons whomsoever, except those claiming under the above described encumbranc6es. < 1, II The true and actual consideration paid for this transfer, stated in terms of dollars, is$ 7 2- j, -„.._ II Quowswex,—the-actual--cenaidera.tien--censiata-of-er-in6Irldes-other-ftrepefty-or--v-alue--givefr-or--promised-which-is- 1 the-whole partat the consideration-(indiGate-whi- 0 The-sentence between lhe-sy,Arbuls%,if-notztprplicable;should-be deleted.-SeerORS-93:0 ,) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. ! In Witness Whereof, the grantor has executed this instrument this, 5 i day of 74 4 L 4-4-4 e.,.. , 197 4 ; 1 if, ia corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors. , i 4 ,,,. ./( i aex=oltiVeccirm"n' -r:1 -, -/;-le: • -• k. E- *, , , _ - .,_ STATE OF OREGON, ) STATE OF NEVADA , ,.,...., II t, 4 ,. ...,, )ss. County of Claric. ) 1county of ('t. /14-' '"14; ) IF 2L -1-7 / ' I , 1974 il il I Personally appeared the above named 1 J . C. Bilyeu 4a4-4iiireft—iirett Personally appeared the above i narm-(! RHEA BILYEU RYAN and !I 4,*err acl,.nowledged the foregoing II and acknowledged the foregoing instru- instrument to be her voluntary li i[ ment to be their voluntary act and deed, act and deed. .1 ... i Befo e e: , ' ,.........,......44.„„..471,,,,-/ Pofore me : 1: (OFFICIAL .4 --- -4-gt--- ---4 II SEAL) ' ,,..- Notary Public for Ore gr n fq 14 7 L. ''''''',T c.f:a:r77 7 plr-j 7 17)416r, A e :''vrda.---) My commision expire -- 1 Culimlosion Exoires : i II J . C, BILYEU and STATE OF OREGON, 11, _RHEA _BILYEU RYAN 1.ss. County of ._ __ _ ____ __ GRANTOR'S NAME AND ADDRESS I certify that the within instru- HOWARD S. SASS and ment was received for record on the _MARGARET A—.GASS day of ,19.....__, 1• GRANTEE'S NAME AND ADDRESS SPACE RESERVED at o'clock M., and recorded in book on page or as After recording return to; „ , . FOR PI . !, ' 17,4 A N & ANDERSON RECORDER'S USE file/reel number 2 1 I Record of Deeds of said county. '113y;i.i At Law Witness my hand and seal of I i 8865 S. W. Ctar St. - P. O, Box 23006 1, County affixed. TrriTI,Aqtr,Nz Ti722.3 Until a change is requested all tax statements shall be sent to the following address. 11 Recording Officer ' ! il n 0 , By Deputy LL)C't,i ki ti 4-.., t,ALE85J ,I NAME,ADDRESS,ZIP • . „ S8S5 Order No. 326898 EXHIBIT "A" Those certain real premises in Section 14, Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux, to Albert W. Polchow et ux, dated November 1, 1963, recorded in Book 499, page 491, Washington County Deed Records, EXCEPTING that portion thereof described as follows: Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56 ' 20" West along said South line a distance of 660.00 feet from the 'Southwest corner of the East one-half of the said Donation Land Claim; thence South 89°56 ' 20" East along said South line a distance of 1276. 70 feet to a point that is North 89056120" West along said South line 50.00 feet from the Northwest corner of that certain tract of land described in Book 127, page 125 , Washington County Deed Records ; thence South 0033 ' 30" West parallel to the West line of the said certain tract , a distance of 186 . 32 feet to a point ; thence South 81°10' West a distance of 900 feet , more or less , to the Tualatin River; thence Northwesterly along said river 450 feet, more or less, to a point that bears South 0°03 ' 40" West from the point of beginning ; thence North 0°03' 40" East to the point of beginning. SUSJECT TO : Easements , conditions and restrictions of public record ; riL,;hts of the public in any portion within roads and '.150hways ; statutory powers and assessments of Unified SeweraEe ienu ; nir;hts of the public and frovernmental bodies in the Thalatin River ; and the usual printed exceptions of title policies . STATE OF OREGON ss of Washington Roger Thomsen, 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 No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections 1)eler Deputy BOCK1002 RACES 54 DEC 3 3 35 rn 'N ANDERSON, DITTMAN 63C ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL. CENTER 6865 S. W. CENTER STREET P. 0. SOX 23006. TIGARD. OREGON 97223 639-1121 FRED A. ANDERSON October 10 , 1974 DERRYCK H. DITTMAN • ROGER F.ANDERSON Donald Pollock and Jacqueline F. Hoselton Julia Gale Pollock 924 N . Russell , 10211 S . W. Barbur Blvd. Portland , Oregon 97227 Portland, Oregon 97219 John C. Bilyeu Rhea Bilyeu Ryan 11910 S. W. King George Dr. c/o John C . Bilyeu Tigard, Oregon 97223 11910 S . W. King George Dr. Tigard, Oregon 97223 The City of Tigard desires to acquire fee simple title to the lands described on the attached Exhibit "A" , by this reference made a part hereof, for development as a part of the City' s park and recreational program, and in pursuance thereof', the City has engaged the services of an experienced and competent appraiser to determine the fair cash market value of the lands . The fair cash mat'ket value of the lands described on Exhibit "A" has been established at $43 , 410 . 00 by an appraiser which has the concurrence of the U. S. Bureau of Outdoor Recreation, and the City is therefore hereby offering to pur- chase the said lands for the sum of $43 , 410 . 00 . Due to the fact that the land is vacant there are no relocation benefits involved in this proposed transaction. The City is prepared to proceed with the irrunediate ac- quisition of said lands presuming that this offer is satis- factory and acceptable to the addressees . Very truly yours , )9 ANDERSON ITTMAN & ANDERSON - . Anderson FAA: pml Encl . FORM No. 704—CONTRACT—REAL EST"'E—Partial Payments. • KT al THIS CONTRACT, Made this . x '- _ day of ___ __-_ - October , 19.66,,,between C. H. SLEMONS and MARY S. ..SLE1 S .. husband._and_wife, with_right---of--eurvivorship, hereinafter called the seller, and HOWARD Sa_. GASS_-mind_MARGARET_A.__GASS,-_husband and wife , hereinafter called the buyer, WITNESSETH, That in consideration of the stipulations herein contained and the payments to be made as hereinafter specified, the seller hereby agrees to sell to the buyer and the buyer agrees to purchase from the seller, the following described real estate, situate in the County of ',cacti ngton State of _ Oregon , to-wit: as described on the attached sheet headed "DESCRIPTION" by reference made a part hereof; • for the sum of. Five thousand seventy and 72/100 Dollars ($_. 5-=-070.72---_.) (hereinafter called the purchase price) on account of which _ ._ __ none Dollars ($ 00.00__- ____) is paid on the execution hereof (the receipt of which is hereby acknowledged by the seller), and the remainder to be paid to the order of the seller at the times and in amounts as follows, to-wit: In semi-annual installments each not less than $175-- including 175-_including interest on deferred balances at the rate of 6 per cent per annum from date hereof, payable on the 20th day of March and the 20th day of Sept- ember of each year beginning March, 1967, and continuing untli the full pur- chase price is fully paid. Sellers shalmake the payments required by the terms of a pre-existing contract wherein JOHN C. BILYEU et ux are the sellers and sellers herein by assignment are the buyers and shall keep the same free from default, and in the event sellers shall fail to do so, buyers herein may make the payments thereby required, and any payments necessarily made by buyy+ ers thereon shall apply on the payments otherwise falling due hereunder. The sellers herein covenant and agree to have the said pre-existing contract fulJ,y paid at the time of full payment of purchase price hereunder. Buyers herein acknowledge delivery to them of a copy of said pre-existing contract and agree that their rights hereunder are subject to the terms and provisions of said pre-existing contract. • All of said purchase price may be paid at{any time; all deferred balances of said purchase price shall bear interest l fat the rate of six-.-_(`r) per cent per annum from_._-date_...hereof ...until paid, interest to be paid semi--annually-_and „firdinrincen�et- being included in the minimum regular payments above required. Taxes on said premises for the current tax year shall be prorated between the parties hereto as of the date of this contract. date_.hereof The buyer shall be sa[lt]ed to possession of said ]ands on. .._... 219 . , and may retain such possession so long as he is not in default under the terms of this contract. The buyer agrees that at all times he will keep the buildings on said premises, now or hereafter erected, in good condition and repair and will not suffer or permit any waste or strip thereof; that he will keep said premises tree from mechanic's and all other liens and save the seller harmless therefrom and reimburse seller for all costs and attorney's fees incurred by him in defending against any such liens; that he will pay all taxes hereafter levied against said property, as well as all water rents, public charges and municipal liens which here- after lawfully may be imposed upon said premises, all promptly before the same or any part thereof become past due; that at buyer's expense, he will insure and keep insured all buildings now or hereafter erected on said premises against loss or damage by fire (with extended coverage) in an amount not less than $ - _. .... in a company or companies satisfactory to the seller, with loss payable first to the seller and then to the buyer as their respective interests may appear and all policies of insurance to be delivered to the seller as soon as insured. Now if the buyer shall fail to pay any such liens, costs, water rents, taxes, or charges or to procure and pay for such insurance, the seller may do so and any payment so made shall be added to and become a part of the debt secured by this contract and shall bear interest at the rate aforesaid, without waiver, however, of any right arising to the seller for buyer's breach of contract, The seller agrees that at his expense and withinO days from the date hereof, he will furnish unto buyer a title insurance policy in- suring (in an amount equal to said purchase price) marketable title in and to said premises in the seller on or subsequent to the date of this agreement, save and except the usual printed exceptions and the building and other restrictions and easements now of record, if any. Seller also agrees that when said purchase price is fully paid and upon request and upon surrender of this agreement, he will deliver a good and sufficient deed conveying said premises in fee simple unto the buyer, his heirs and assigns, free and clear of encumbrances as of the date hereof and free and clear of all encumbrances since said date placed, permitted or arising by, through or under seller, excepting, however, the said easements and restrictions and the taxes, municipal liens, water rents and public charges so assumed by the buyer and further excepting all liens and encumbrances created by the buyer or his assigns. And it is understood and agreed between said parties that time is of the essence of this contract, and in case the buyer shall fail to make the payments above required, or any of therm, punctually within ten days of the time limited therefor, or fail to keep any agreement herein contained, then the seller at his option shall have the loflowing rights: (1) to declare this contract null and void, (2) to declare the whole unpaid principal balance of said purchase price with the interest thereon at once due and payable and/or (3) to foreclose this contract by suit in equity, and in any of such cases, all rights and interest created or then existing in favor of the buyer as against the seller hereunder shall utterly cease and determine and the right to the possession of the premises above described and all other rights acquired by the buyer hereunder shall revert to and revest in said seller without any act of re-entry, or any other act of said seller to be performed and without any right of the buyer of return, reclamation or compensation for moneys paid on account of the purchase of said property as absolutely, fully and perfectly as if this contract and such payments had never been made; and in case of such default all payments thereto/ore made on this contract are to be retained by and belong to said seller as the agreed and reasonable rent of said premises up to the time of such default. And the said seller, in case of such default, shall have the right immediately, or at any time thereafter, to enter upon the land aforesaid, without any process of law, and take immediate possession thereof, together with all the improvements and appurtenances thereon or thereto belonging. The buyer further agrees that failure by the seller at any time to require performance by the buyer of any provision hereof shall in no way affect his right hereunder to enforce the same, nor shall any waiver by said seller of any breach of any provision hereof be held to be a waiver of any suc- ceeding breach of any such provision, or as a waiver of the provision itself. In case suit or action is instituted to foreclose this contract or to enforce any of the provisions hereof, the buyer agrees to pay such sum as the court may adjudge reasonable as attorney's tees to be allowed plaintiff in said suit or action, In construing this contract, it is understood that the seller or the buyer may be more than one person; that if the context so requires, the singu- lar pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, said parties have hereu to set thei handstand seals in duplicate on this, the day and year first above written. o"i'' 4 (SEAL) — s / ! (SEAL) (SEAL) 1 l *Strike whichever phrase not applicable. / For notarial acknowledgment, see reverse] " rid -X�-'--- -_��"" '—/c'� �rL (SEAL) es` RECEIVED PAYMENTS ON WITHIN CONTRACT. AS FOLLOWS: DATE INSURANCE INTEREST INTEREST PRINCIPAL PRINCIPAL DATE INSURANCE INTEREST INTEREST PRINCIPAL PRINCIPAL OR TAXES PAID TO BALANCE OR TAXES PAID TO BALANCE , , I i 11 I , I . I' . ' 1 ! , 1 ' i i I I; , I I , [ I , , . . , ,. ., i. i 1 ! . 4.., i + cs) o •.o -0 o ).: E4 . - 0, ••••• o •-4 (3(:), • ii 0 • 0 0 11 8 , ' (...) . 6 a 0 • 21 '.,..." ‘• •.-= 0 )... 10 z 13 a) Z O I cc tr •.... I...) •< D i! cz 0 8 2 ,4 ... , ,,1 (-) -t$ w H i 0 (..) IY H.:4 , . ...„ 0 ...... 0 T, „ . ,:0 0 z , z . m , Z . 0 1-4 .7,, ....., . a 1 i < o o ...o 0 0 cc ! H- Ei g 2, r.) ' L1,1 1:4 , •- ••• o 'i; u ° _1 4 :Z 0 ,..,, 8 0 ti) 4.. 0 0.) I.0 • I z . . , ! 0 , cr3 cc ,.... .,.. •••... u. ! 0 L4 § !.••• 'Ts ••• < !-' , 1:31, ',..,-. t-.4 o 0 '6' u): 'o'" , , .°0 • . ..,....c .., (...) i-, 0 0 o A i, i 1 STATE OF OREGON, }ss. County of Washington On this '-'1 L day of October ., 19 66 , ii before me, the undersigned, a notary public in and for said county and state, personally appeared the within H C. H. SLEMONS and MARY S. SLEMONS, husband and wife, named 1' li known to me to be the identical individual IL described in and who executed the within instrument and ! acknowledged to me that they executed the same freely and voluntarily. i Il ‘ i' tl I; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed 1, my official seal the day and year last above written. P ;1 ,T) ,, ,._ ,/---.7.-,...::4-----'4,' !' ,'Notary Public for Or1egon. bly Commisslor9 E:xpi-v5 tir,irch Ci .1!)- My commission expires y4 1 ijH . • . DESCRIPTION Those certain real premises in Section 14, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux to Albert W. Poichow et ux dated November 1, 1963, recorded in Book 499 at page 491, Washington County Deed Records, EXCEPTING that portion thereof described as follows: Beginning at a point on the south line of the Solomon Richardson D.L.C. No. 44 that is 89° 56' 20" West along said south line a distance of 660,00 feet from the southwest corner of the East One- half of the said D.L.C. ; thence South 89° 56' 20" East along said south line aldistance of 1276.70 feet to a point that is North 89° 56' 20" West along said south line 50.00 feet from the northwest corner of that certain tract of land described in Book 127 page 125, Washington County Deed Records; thence South 0° 33' 30" West parallel to the west line of the said certain tract, a distance of 186,32 feet to a point, thence South 81° 10' West a distance of 900 feet, more or less, to the Tualatin River; thence North- westerly along said river 450 feet, more or less, to a point that bears South 0 03' 40" West from the point of beginning; thence North 0° 03' 40" East to the point of beginning. ---- - 21If/ ij,.,2 - 1 / ,,' -e---e-,-- ,--- f 0<) 1 .... .r._ ........ ..4/....)2,14:22:_z_ i ..., ,... , ............ *... STATE OF OREJN ) ) ss. County of Washington ) On this ..Q2A. day of October, 1966, personally appeared the above named C. H. SLEMONS and MARY S. &LEMONS , husband and wife, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: ( , _ ,,, , 0 ary 'urf', c or S egon My Commission expires: bly C•ommIssion Expires March b, 1970 lt I") I te 1 441 ..f . 0,1 FORM No, 723—BARGAIN AND SALE DEED, STEVENS-NESS LAW PUB.CO..POETLANO,ORE. 1967 . , 0II 4Q854KNow ALL MEN BY THESE PRESENTS, That C... li. .SLEMONS and-,MARY S. SLEMON,ST 0.1 Inisband and wife, , hereinafter called grantor, , for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto THE. CITY OF_TIGARD, a_ municipal i ty...of the State-of-Oregon, hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the 1 ' tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County 11' ‹., of Washington , State of Oregon, described as follows, to-wit: 1' ,I r)S c 1 ) 1 As described on attached Exhibit "A", headed I Description, and by this reference, made a part hereof. I Il 11 11 l' I, 1 . . ...] l' H ....: , ;'--..... I I This Deed is executed and delivered for title clearing purposes only and without other consideration. 11' i ! (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The ?ie711.4..L- The true and actual consideration paid for this transfer, stated in terms of dollars, is $ aiiewigoweorr-the-actwal—oaxisidezation-cansiats-of-or.-incluzlas...athez_.prapert..x...ar_zah ri.wgigen,..ar_pzamised_which_i2__ 11 the-m4ale. GeRsislexation-Paclica.t.s.44thicla.)- - psW.44-ate. In construing this deed the sirigulT includes the pliral as the circ stances may require. Witness grantor's hand this -V i day of 41e- . , 19,..74...... Y i - // /,` ,../6"6/2.c,-, ./ , STATE OF OREGON, County of Washington ) ss. i 264,4-0,‘-11.44- '>'3, 19..7.4...... Personally appeared the above named C. H, au_moNs and MARY S. .SLEMONS., .husb_an_d and wife, II and acknowledged the foregoing instrument to be .their voluntary act and deed. I II Before '1 (OFFICIAL SEAL) otary Public for Oregon My commission expires •'4>V4K.,/ / 7Z NOTE—The sentence between the symbols(II, if not applicable,should be deleted. See ORS 93.030. STATE OF OREGON Bargain and Sale Deed Iss. County of C, H. SLEMQ1\1I certify that the within instru- ment was received for record on the sumoNa,„ huaband_and_wife, day of , 19 (DON'T USE THIS ) 1 TO SPACE: RESERVED at . o'clock M., and recorded FOR RECORDING in book on page or as THE C/TY OF__TIGARD_,___a_muni- LABEL IN COUN- filing fee number , Rec- Oreon cipality of the State of TIES WHERE USED.) ord of Deeds of said County. l Witness o AFTER RECORDING RETURN TO my hand and seal of Z County affixed. -'.1,.A.N & ANDERSON 00K1002 pAv851. Title m Z665 ,,,,.; . - , 0, BOX 23006 t-4By Deputy t-- L ii._ 11.,-.-„jr, 1,17223 .. • ,1 Order No. 326698 S834 EXHIBIT "A" Those certain real premises in Section 14, Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon, described in contract from John Bilyeu et ux, to Albert W. Polehow et ux, dated November 1, 1963, recorded in Book 499, page 491, Washington County Deed Records , EXCEPTING that portion thereof described as follows : Beginning at a point on the South line of the Solomon Richardson Donation Land Claim No. 44 that is 89°56' 20" West along said South line a distance of 660. 00 feet from thc 'Southwest corner of the P.ast one-half of the said Donation Land Claim; thence South 89'56 ' 20" East along said South line a distance of 1276 . 70 feet to a point that is North 69°56 ' 20" West along said South line 50.00 feet from the Northwest corner of that certain tract o: land described in Book J 27, page 125 , Washington County Deed Tacords ; thence South 0°33' 30" West parallel to the West line of the said certain tract , a distance of 186. 32 feet to a point ; thence South 81°10' West a distance of 900 feet , more or less, to the Tualatin River; thence Northwesterly along said river 430 feet , more or less , to a point that bears South 0°03 ' 40" Worst from the point of beginning ; thence North 0°03' 40" East to the point of beginning . P6 : • conditions and -restpicUions oS public o]' the publi, in a.1-1 portion viithin roadd and 1 1 poer and assessmVents or anirI d orvfm'are 0: the pubLic and c„);ovepnmental bodlos in thr:: and the uoual pl-inted exceptions of title STATE OF OREGON ss County of Washington AD frf/Ic 1nr) GOOK 10uPAGE 852and ElI,ecRoger anThomssenx-Officio Record, Director of Records tions d Eer of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections FORM No. 723—BARGAIN AND SALE DEED. STEVENS-NESS LAW PUB CO.. PORTLAND,ORE. 2 71 KNOW ALL MEN BY THESE PRESENTS, That the _County of Washington, a _political...subdivision___of_the.State..of_Oregon , grantor_ , in consideration of_Ten_ and_ no/.100 Dollars, aod. other _valuable consideration totalling_less than $100.00 to us paid by the City of Tigard, Oregon , grantee , do hereby grant, bargain, sell and convey unto the said grantee , heirs and assigns, all the following real property, with the tenements, hereditaments and appurtenances, situated in the County of Washington and State of Oregon, bounded and described as follows, to-wit: Beginning at an iron rod on the North line of the Southeast Quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, 1175.0 feet west of the quarter corner on the east line of said Section 14; running thence South at right angles to said north line 548.8 feet to an iron; thence continuing South 75 feet to the center of the Tualatin River; thence upstream in the center of said river 2800 feet, more or less, to the west line of the Southeast Quarter of said Section 14; thence North 150 feet, more or less, to the center of said Section 14; thence East 1466 feet to the place of beginning; containing 36 acres, more or less. This grant is made upon the express condition that the premises shall be used only for public park purposes and should the said premises or any portion thereof be diverted to any other use of purpose, or should the grantee assign, grant or in any other manner alienate the title thereto or the use thereof, the title thereto and the right of possession thereof, shall thereupon immediately revert to and revest in the grantor or its successor without any act or demand of grantor, to the same force and legal effect as if this deed had not been executed. To Have and to Hold, the above described and granted premises unto the said grantee , heirs and assigns forever. Witness our hands and seal s this 24th day of July , 19 62 . ( ' - \k ...._- • ; - 4. ,-.1 L .-- 7 ‘-'-?",:eq-ibrak00-10.4,- / -- , (SEAL) STATE OF OREGON, (SEAL) }ss. County ofWashington On this 24th day of July , 19 62, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named __BARBARA -A.- WILCOX,---and GLAY-TON -NY-BERG who are known to me to be the identical individuals_ described in and who executed the within -- instrument, and acknowledged to me that.they executed the same freely and voluntarily. : rIN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official , ' rvr seal the day and year last above written. ----- -- 1-g.---lf?1 -1'1_ Notary Public for Orrgon. ..— ' My commission expires.7.,c-1-.4_ „,`::: "., / V...% / / ->. Bargain and Sale STATE OF OREGON, .,-.1 DEED t(VAH!vrnn 'l , ,,,LI 1 t..“ ss. NP County of GNI County...of...Washington, , I certify that the within instru- Oregon • ment was received for record on the . CT et day of ?....„..e.f.d., , ‘..4 - :(DON'T USE THIS : le ci TO :SPACE, RESERVED at _ll 4.1 0 o'clock AM., and recorded —.. X Z City_of__Tigard, -,FoR REcc,RDINyp• I.,ASEL IN_cOuNt ' in book iii,f on page it; Li Oregon -.TIS EwHEKs . Record of Deeds of said County. Ca w 8 , Witness my hand and seal of If Z ' AFTER RECORDING RETURN TO Countyaffixed, ffixed.THOMSSEN, County Clem County Jerk ilk-erder.-, By ef) .300K 468 PAGE138Deputy. A 1'4 IN THE COUNTY COURT OF THE STATE OF OREGON ; FOR THE COUNTY OF WASHINGTON I SiTh Yrn— ti• In the Matter of setting ) aide certain land belonging to Washington County for Public ORDER Pi.rks or Recreational Area It appearing to the Court that Washington County is the owner in fee of the following described real property: Beginning at an iron rod on tha North line of the Southeast Quarter of Section 14, Township 2 Souta, Range 1 West, Willamette Meridian, 1175.0 feet west of the quarter corner on the east line of said Section 14; running thence South at right angles to said north line 548.8 feet to an iron; thence continuing South 75 feet to the center of the Tualatin River thence upstream in the center of said river 2800 feet, more or less, to the west line of the Southeast Quarter of said Section 14; thence North 150 feet, more or less, to the center of said Section 14; thence East 1466 feet to the place of begianing; containing 36 acres, more or less. And it further appearing that it would be beneficial to the public interest if said property were set aside for public parks or recreational area. And it appearing to the Court that Oregon Revised Statute 275.320 provides as follows: ORS 275.320 Designation of county forests, parks and recreational areas. Any County court sitting for the transaction of county business may, by order, designate as county forests, public parks or recreational areas any real property heretofore or hereafter acquired by the county for delinquent taxes or othersise. NOW, THEREFORE, IT IS ORDERED that the following described property b. and the same hereby is set aside for public parks or recreational area: Beginning at an iron rod on de North line of the Southeast Quarter of Section 14, Township 2 South, Range 1 West, Willamette Meridian, 1175.0 feet west of the quarter corner on the east line of said Section 14; running thence South at right angles to said north line 548.8 feet to an iron; thence continuing South 75 feet to the center of the Tualatin River thence upstream in the center of said river 2800 feet, more or less, to the west line of the Southeast Quarter of said Section 14; thenceNorth 150 feet, more or less, to thE center of said Section 14; thence East 1466 feet to the place of beginning; contiining 36 acres, more or less. DATED this 24th day of July, ]962. WASHINGTON COUNTY COURT JUDGE (164 •VtL 1:47..atiC11-61" zr.ty Clzak COMMISSIONER • /).43444eve...Deputy „//,' „47: COMMISSIONER Boox 458 11,cd.37 LOT BOOK SEARCH City of Tigard Date July 28, 1967 Tigard, Oregon 97223 Attn: Mr . Keith Thompson Order No. 34-A-479224- We hereby certify that we have searched our Tract Indices as to the following described property: Beginning at an iron rod. on the North line of the Southeast quarter of Section 14, Township 2 South, Range I West, Willamette Meridian; 1175.0 feet west of the quarter corner on the east line of said Section 14; running thence South at right angles to said north line 548.8 feet to an iron; thence continuing South 75 feet to the center of the Tualatin River; thence upstream in the center of said river 2800 feet, more or less to the west line of the Southeast quarter of said Section 14; thence North 150 feet, more or less to the center of said Section 14; thence East 1466 feet to the place of beginning. and as of July 27 1967 at 8 o'clock A . M.: We find that the last deed of record runs to ----City of Tigard, Oregon---- We also find the following apparent incumbrances appearing of record within ten years prior to the date of this search: 1 . Easement, including the terms and provisions thereof, between Melville Eastham and Jessie Eastham, husband and wife, to West Coast Telephone Company, a corporation, Dated December 20, 1957, recorded December 31, 1957, in Book 401, page 42, Deed Records . -continued Page 2*- We have also searched our General Index for judgments and state and federal tax liens against the above named grantees and find the following: NONE We also find the following unpaid taxes and city liens: NONE This is not a title report, since no examination has been made of the title to the above described property. Our search for apparent incumbrances was limited to our Tract Indices, and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connec- tion with this Lot Book Search and will not be responsible for errors or omissions therein. PIONEER NA 9N TITLE INSURANCE TITLE T UST C91LPAAL1__ i'IVISION By N., - OWY, z OREGON LAND TITLE ASSOCIATION STANDARD LOT BOOK SEARCH Thomas G. ,Stapletc F.226 THE IVY PRffdlriar Page 2 2 . Conditions in deed to the City Of Tigard, recorded July 24, 1962, in Book 468, page 138, Deed Records, as follows: "This grant is made upon the express condition that the premises shall be used only for public park purposes and should the said premises or any portion thereof be diverted to any other use of purpose, or should the grantee assign, grant or in any other manner alienate the title thereto or the use thereof, the title thereto and the right of possession thereof, shall thereupon immediately revert to and revest in the grantor or its successor without any act or demand of grantor, to the same force and legal effect as if this deed had not been executed. " 3. Order of the County Court of Washington County, Oregon, setting the within described premises aside for park purposes, recorded July 24, 1962, in Book 468, page 137, Deed Records of Washington County, Oregon. ------------ .0 0.4