Water Right Certificate No. 66052 - Lasich Property 4‘4.1-----;:.?.1),.
�=`� �`-� Oregon Water Resources Department Certificate of Water Right
". 725 Summer Street NE,Suite A
��'\`e, Salem Oregon e.or. -1266
g Ownership Update
R'RD` I (503)986-0900
-i 4 www.wrd.state.or.us
NOTICE TO SELLERS& BUYERS:
By law, all water belongs to the public (ORS 537.110). In almost every instance, a permit or water right
certificate from the Water Resources Department is needed before using, diverting or storing water (ORS
537.130). However, most domestic wells do not require water rights. A certificate of water right stays with the
land. In order to keep track of water right ownership,the Department requests that this form be submitted to the
Department. If for multiple rights,a separate form for each right will be required
Water that has been used for a long time in one place or that involves a water structure(like a dam)that already
exists is no guarantee that there is a water right which would allow the water use to continue.
If you have any questions about this form or water right requirements, please contact your local watermaster or
call the Water Resources Department at 503-986-0900.
Note: Please type or print legibly when filling in the following information. Use additiollr. 't kis)' ; TO BE
A . 'kri; '",`G.0! .
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PROPERTY SELLER INFORMATION .1ttApplicant(s): William Kenny FIRS ,l� � mil 1 it•First •L`�- .i�' I . ����'' '
Mailing Address: 17180 SW Lasich Lane ,1 I,
t Ir
Sherwood OR 971 A 0
City State Zip
Phone:
Home Work Other
PROPERTY BUYER INFORMATION
Applicant(s): City of Tigard
First Last
Mailing Address: 13125 SW Hall Blvd.
Tigard OR 97223
City State Zip
Phone: (503) 718-2591
Home
Work Other
PROPERTY DESCRIPTION(attach additional pages if necessary):
County: Washington Township:2S Range: 1W Section: 18
Tax Lot Number(s):601
Street address of water right property: 17180 SW Lasich Lane, Sherwood, OR 97140
Water Right Information(attach copy of water right permit or certificate&final proof map):
Application#: S-64838 Permit#:S-47550 Certificate or Page#: 66052
Will all the lands associated with this water right be owned by the buyer? (% Yes C No
Name of individual completing this form:William Kenny Phone:
Signature:14z,%-C!--?"� Date: ?4 l7S'--
Please be sure to arta' y ofyour property deed or legal description of the property.
Rev. September 2008 Ownership Update WTR
Ork
�-•,
71
STATE OF OREGON
COUNTY OF WASHINGTON
CERTIFICATE OF WATER RIGHT
THIS CERTIFICATE ISSUED TO
WILLIAM B. KENNY
OREGON AZALEA'S, INCORPORATED
ROUTE 4, BOX 405K
SHERWOOD, OREGON 97140
confirms the right to use the waters of TUALATIN RIVER AND 45.0 ACRE-
FEET STORED WATER FROM HENRY HAAG LAKE CONSTRUCTED UNDER PERMIT R-5777,
a tributary of WILLAMETTE RIVER, for the purpose of GREENHOUSE USE.
The right has been perfected under Permit 47550. The date of priority
is APRIL 28, 1983 FOR 100 GPM AND 30.0 ACRE-FEET AND JUNE 16, 1983 FOR
15 ACRE-FEET. The right is limited to not more than 100 GALLONS PER
MINUTE or its equivalent in case of rotation, measured at the point of
diversion from the source.
The point of diversion is located as follows:
HENRY HAAG LAKE - NE 1/4 NE 1/4, SECTION 20, T 1 S, R 4 W,
W.M. RE-DIVERSION - NW 1/4 NE 1/4, SECTION 18, T 2 S, R 1 W, W.M. ; 5050
FEET NORTH AND 1460 FEET WEST FROM THE SW CORNER OF NE 1/4 NE 1/4,
SECTION 18.
No water shall be diverted except from storage during the period July 31
through September 15 of each year. The use of stored water shall be
subject to the terms and conditions of a contract between the permittee
and the Tualatin Valley Irrigation District, a copy of which is on file
in the records of the Water Resources Department.
The right shall conform to such reasonable rotation system as may be
ordered by the proper state officer.
A description of the place of useunder the right, and to which such
right is appurtenant, is as .f(54-001 •
•
The right to the use of the water;for:the above purpose is restricted to
beneficial use on the lands or,1440!. 'pf_,;use described. The right is
subject to minimum flows established7by the Water Resources Commission
with an effective date prior to this right.
WITNESS the signature of the Water Resources Director, affixed
JUNE 12, 1991.
/8/ WILLIAM H. YOUNG
William H. Young
Recorded in State Record of Water Right Certificates numbered 66052.
64838.DLM
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�!FROM BILL KENNEY•.TO MERg FRANK pti�vtlJ Va ;,ice `\
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DEED BK-754 `S WEST 650.00 ,` ROM HERB F. AKK °" INS
P1 .282ri
1 �` BILL KEKK rn HE
_ POINT OF r'' i m MA
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DN ROD 322.83' • N 40.065••G7 41,21:4 SIaF! •_£ L4 ,074 LaFT 51S4)-cc T
SEE �� 'r 5-0019'20-Wt'l ' I 1130.00 -: -. ` /r
DETAIL -" 0.54 AG. .,/v;I , c r
• 90-00' �. a 0_l ¢E T
/,<\� 291.09' -- -1, NORTH I.-INE OF HENRY HICKLIN D. I-_C.`4Z a
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t R FROM HERB FRANK O ;ata,o:+ Q ` S�•sL r c-V 1464 F s
IL,' `W \ TO BILL KENNE1 f.r,�- -[{,c S w c_::�*;4r c r T1`a. *E k N E. -Orr. Sz, 1 hr STONE
NE'R.a5_W. C
PT. IN BEEF B
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�:L ___ K1.' Pw^^P.t�`"C1 `' RECORD OF SURVEY3 5' i itNtl :.111( i..fO t
• .r• 2s L.-44(-
z...., FOR MR. BILL KENNEY
14-36 59'20-w �� � IN N.W. b- N.E. I/c} 5EC. 18. T-25
— I''37 - -�- • r rip- WA5NINGTON COUNTY, ORE.
4. - c:RE0r) rr /' DATE : 5 18 -
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35 75si' w • 1 Y7aLL;A:r7t_11..aiF!.‘:.:.i: t SCALE : I" = 200r
'__- - ----' `.., t• r•. ;:
- -- RECEIVED k3•'....s_. '.>:__'_.- JOB NO. 81 - I 1 -8 ( SEE HERS F
DETAILaASI5 OF BEARINGS C. S. 15, 16
•
( I'4. T. 5) FEB 1 0 1983 W. L. hi't'1vA;;r..'.:i::• .
•• WATER RESOURCES DEPT.L'r•:L; ! W. C. I.1.d':..C:li•i
a, 'lit:
. -3..;.;,Ii I. s . Eli SALEM. OREGON TSGGAi`:) ORL. i'rt. 5:.9.•1 a 51
� t� o.
4'7,550 •
Preliminary Report Order Number: NCS-744087-0R1
Page Number: 7
Exhibit "A"
Real property in the County of Washington , State of Oregon, described as follows:
PARCEL I:
A portion of that tract of land in Section 18,Township 2 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux,
recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more
particularly described as follows:
Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded
October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said
Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a
distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract
when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a
distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet
to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular
thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East
line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet,
more or less, to the point of beginning.
EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of
Oregon:
Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W.
Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry
Hicklin Donation Land Claim No. 42; thence North 00° 19' 28" East, 546.52 feet; thence West 650.00 feet
to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed
Book 754, P ge 282, Washington County, Deed Records; thence North 00° 19'28" East, 356.97 feet;
thence North 88° 50'25" East, 91.65 feet; thence South 00° 19'28" West, 358.82 feet; thence West
91.62 feet to the true point of beginning.
PARCEL II:
The following described tract of land being situated in the Northeast one-quarter of Section 18, Township
2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon:
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest
corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16
corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said
Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19'28"
East, 546.52 feet; thence East 60.00 feet; thence South 00° 19'28" West, 546.52 feet to the point of
beginning.
PARCEL III:
The following described tract of land being situated in the Northwest one-quarter and the Northeast one-
quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon:
First American Title
Preliminary Report Order Number: NCS-744087-OR1
Page Number: 8
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00
feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of
the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence
continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the
bank North 20° 46' 32" West, 35.75 feet; thence North 36° 59'20" West, 21.37 feet; thence North 21°
27'20" West, 12.19 feet; thence leaving said top of bank, North 84°59'44" East, 322.83 feet; thence
South 00° 19'28" West, 90.00 feet to the point of beginning.
First American Title
Washington County,Oregon 2015-077869
D-C
stn=8 A DUYCK 09/14/2015 01:50:45 PM
AFTER RECORDING RETURN TO: $20.00$11.00$5.00$20.00 $56.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
City of Tigard certify that the w thln instrument of writing was received and
Attn. City Manager recorded in the book of records of said county.
City Hall Richard Hobernicht,Director of
13125 SW Hall Blvd Assessment and Taxation,Ex-Officio
Tigard OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
City of Tigard
Attn: City Manager
City Hall
13125 SW Hall Blvd
Tigard OR 97223
This space provided for recorder's use.
MEMORANDUM OF CONTRACT OF SALE
This Memorandum of Contract of Sale (this "Memorandum") is made as of September
10, 2015 between William B. Kenny ("Seller") whose address is 17180 SW Lasich Lane,
Sherwood OR 97140 and the City of Tigard, an Oregon Municipal corporation ("Purchaser")
whose address is 13125 SW Hall Blvd, Tigard, Oregon 97223.
Pursuant to a Contract of Sale dated August 12, 2015 ("Contract"), Seller sold to
Purchaser, Seller's interest in that certain property in Washington County, Oregon, more
particularly described in the attached Exhibit A, except the Retained Property as defined in the
Contract of Sale. The terms upon which Seller has sold the Property to Purchaser are set forth
in the Contract, to which reference is made for all purposes.
The true and actual consideration for this conveyance is $1,400,000. Purchaser will pay
such amount, with interest, according to the terms of the Contract, under which the final
payment of principal and interest is due on September 10, 2018 (the Maturity Date, as defined
in the Contract).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,
UNDER ORS 195.300, ORS 195.301 AND ORS 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
• INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED
IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR ORS
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
Page 1 —Memorandum of Contract Sale 5D014-72.582 1296961_2 DOCKAMJ79/10/2015
AFTER RECORDING RETURN TO:
City of Tigard
Attn: City Manager
City Hall E-RECORDED simplifile
13125 SW Hall Blvd
Tigard OR 97223 ID: - b )) 7001
LI 4'
UNTIL A CHANGE IS REQUESTED County: JYn,-�,
Date. tf
SEND TAX STATEMENTS TO: t1 /CI �I�e ' 9
�1
City of Tigard •
Attn: City Manager
City Hall
13125 SW Hall Blvd
Tigard OR 97223
This space provided for recorder's use.
MEMORANDUM OF CONTRACT OF SALE
This Memorandum of Contract of Sale (this "Memorandum") is made as of September
10, 2015 between William B. Kenny ("Seller") whose address is 17180 SW Lasich Lane,
Sherwood OR 97140 and the City of Tigard, an Oregon Municipal corporation ("Purchaser")
whose address is 13125 SW Hall Blvd, Tigard, Oregon 97223.
Pursuant to a Contract of Sale dated August 12, 2015 ("Contract"), Seller sold to
Purchaser, Seller's interest in that certain property in Washington County, Oregon, more
particularly described in the attached Exhibit A, except the Retained Property as defined in the
Contract of Sale. The terms upon which Seller has sold the Property to Purchaser are set forth
in the Contract, to which reference is made for all purposes.
The true and actual consideration for this conveyance is $1,400,000. Purchaser will pay
such amount, with interest, according to the terms of the Contract, under which the final
payment of principal and interest is due on September 10, 2018 (the Maturity Date, as defined
in the Contract).
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,
UNDER ORS 195.300, ORS 195.301 AND ORS 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED
IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR ORS
215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
Page 1 — Memorandum of Contract Sale 50014-72592 1296981_2.DOCXIAMJ/9/10/2015
•
ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, ORS 195:301 AND ORS 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON
LAWS 2010.
Property Tax Account No. R528389
This Memorandum must be recorded in the Official Records of Washington County,
Oregon in order to give notice of the existence of the Contract. This Memorandum will not be
deemed or construed to define, limit, or modify the Contract, or any provision thereof, in any
manner. •
IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as
of the day and year first above written.
Purchaser. Seller:
By: Li7By: L-Ly'<-`��-.
Name: Mara. L. WIC,
Its: Gtt Murray - -
s,:1^ -OFFICIM sEAI
J NORMA I ALLEY
STATE OF OREGON ri . •`�'N=
) ,.G.�� NOTARY PUBLIC-ORE
) SS. 1 `/`;'o COMMISSION NO.465295
County of /4 �i�y Irl ) MYcoMMISS�yEXP,I,-,.MARCH23,2o1s
This instrument was acknowledged before me on `�, - /O , 2015, by
QyLA-,. . i.kiu-1 as ( /Qf i/ of City of Tigard.
�r�I / 124 2
NOTARY PUBLIC FQREGON
• My Commission Expires:Hit/eh d 3,,i-0//,
STATE OF OREGON)
) ss.
County of I . It IL AL
This instrument was acknowledged before me on :�!. / , 2015 by
U. � E aQ uv\� - 1<P iNlAte ` 1 i r //t
rA if /// !/////ii/,/,, i --11
�!"+, OFFICIAL STAMP • R 71=4 IC • ' air
RENS M.MOODY /. Co .j slon Expir-s: I�.�� '
N -t : NOTARY PUBLIC-OREGON
; r COMMISSION NO.936813
MY COMMISSION EXPIRES MARCH 25,2019
Page 2 —Memorandum of Contract Sale 50014-725921296981_2.DOCXUMJ/9/10,2015
Preliminary Report Order Number: NCS-744087-0R1
Page Number: 7
Exhibit "A"
Real property in the County of Washington, State of Oregon, described as follows:
•
PARCEL I:
A portion of that tract of land in Section 18,Township 2 South, Range 1 West,of the Willamette
Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux,
recorded July 26, 1890 in Book 28, Page 371,Washington County,Oregon, Deed Records, more
particularly described as follows:
Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded
October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said
Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a
distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract
when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a
distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet
to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular
thereto;thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East
line of said Lasich Tract; thence South along the East line of said Lasich Tract,a distance of 930 feet,
more or less, to the point of beginning.
EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of
Oregon:
Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W.
Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry
Hicklin Donation Land Claim No.42; thence North 00° 19'28" East, 546.52 feet; thence West 650.00 feet
to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed
Book 754, Page 282, Washington County, Deed Records; thence North 00° 19'28" East, 356.97 feet;
thence North 88° 50'25" East, 91.65 feet; thence South 00° 19'28"West, 358.82 feet;thence West
91.62 feet to the true point of beginning.
PARCEL II:
The following described tract of land being situated in the Northeast one-quarter of Section 18, Township
2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon:
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest
corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16
corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said
Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19'28"
East, 546.52 feet; thence East 60.00 feet; thence South 00° 19'28"West, 546.52 feet to the point of
beginning.
PARCEL III:
The following described tract of land being situated in the Northwest one-quarter and the Northeast one-
quarter of Section 18,Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon:
First American Title
Exhibit A, Page 1 of 2 50014-725821296981_2.DOCMAMJ/9/10/2015
Preliminary Report Order Number: NCS-744087-0R1
Page Number: 8
Begihning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00
feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of
the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence
continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the
bank North 20°46'32"West, 35.75 feet;thence North 36° 59'20"West, 21.37 feet; thence North 21°
27'20"West, 12.19 feet; thence leaving said top of bank, North 84°59'44" East, 322.83 feet; thence
South 00° 19'28"West, 90.00 feet to the point of beginning.
•
•
•
First American Title
•
Exhibit A, Page 2 of 2 50014-72582 1296961_2.DOCXIAMJ/9/10/2015