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HomeMy WebLinkAboutDeschutes River Water Rights (Evidence) - Vol 29 - 1924 - Part 1 No. 7290 Filed July 2nd, 1919 UNITED STATES 10: 50 o ' clock A. M. TO J . h. haner, county Clerk DAVID H.WOOD Lakeview 08017 4-1003 ME UNITES STATES Lila' A_EEICA To all to whDm these presents shall come , GHEETINU: Whereas , a certificate of the Eegister of the Land uffice at Lakeview, Oregon, has been deposited in the ueneral Land Office , whereby it appears that pursuant to the Act of congress of may 20 , 1862 , "To Secure homesteads to Actual settlers on the Pacific Domain" and the Acts supplemental thereto , the claim of David H. Wood has been establi :hei and duly consummated, in conformity to law, for the Southwest quarter of Section Bineteen in Township Twenty-two South of Eange Ten East of the Willamette meridian, Oreton, containing one Hundred Forty-five and twenty-five hund- redths acres. According to the official Plat of the uri ey of the said land , returned to the ueneral Land of ice by the Surveyor-gener'1 . flOW 7110v !ice, That t._0r0 is, therefore , U.ranted by tile united states unto the said clo.irnart the tact ;f lant above deo.cribed; '±0 1a vL i'.) AJiJD the said tract of land, with the appurtenances, thereof, into • the said claimant , and to the Yeel :ee wn ' a ns of the said claimant forever; subject -1_o any vete l an ' accr-aed rater rightsfor lintk;, L431,:eicalturai , ....±nuiac1uring, or other trobe , hd rihts to c itehe:, and reservoirs used in. connection with such water rights , as may be recognized and acknowledged by the local customs , laws , and decisions of courts ;. and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the united States. IN T ;STIJ0NY VdIEhEOF, I , Woodrow Wilson ;'resident of the United States ofAmerica, have caused these letters to be made 125 • . 1 Patent , and the seal of the General Land Uffoce to be hereunto affixed, Given ulder my hand , in the District of uolumbia, the twentieth day of Yeoruary , in the year of our Lord one Thousand Nine Hundred and 1dineteen and of the independence of the United States the Une Hundred and Forty-fifth. By the _'resident Woodrow ils on By J. Leoy, Secretary. L. Q. C. Lamar, h_ecorder of the general Land Office "rtLCO DLL: Patent Dumber 667300 Deed Records 25 page 454 • - 2 - 126 -e,. -- ` ► . . Vol . 2 Deeds , Page :57 Deschutes -County. UNITED STATE Volume 8 - Page 161 Transcript from Crook County To Filed April 16 , 1901 The Heirs of Stephen Staats Junior , Deceased. Homestead Certificate No . 879 Application 827 The United States of America: To All To Whom these presents shall come , Greeting: Whereas , There has been deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at the Dalles , Oregon, Thereby it appears that , pursuant to the Act of Congress approved 20th May , 1862, "To Secure Homesteads,' o Actual Settlers on the Public Domain" , and the Acts supplemental thereto the claim of the Heirs of Stephen Staats, Junior, de- ceased , has been established and duly consumated in conformity to law , for the East Half of the South East quarter of Section thirty one in Township Seventeen South, and the Lot numbered four of Section Five and the Lot numbered one of Section six in Township Eighteen South of Range Twelve East of Willamette Meri- dian in Oregon, containing one hundred and sixty and fifty nine hundredths of an acre , according to the Official Plat of the Survey of the Said lands , re- turned to the General Land Office by the Surveyor General : Now known Ye , That there is therefore granted by the United States unto the said heirs of Stephen Staats , Junior Deceased the tract of land above des- cribed; To have and to hold the said tract of land with the appurtenances there - of unto the said Heirs of Stephen Staats , Junior, deceased and to their heirs and assigns forever; subject to any vested and accrued water rights for mining , agricultural, manufacturing , or other purposes and rights to ditches and re- servoirs used in connection with such water rights as may be recognized and a k- nowledged by the local customs , laws , and decisions of courts and als 411DANt to the right of the proprietor of a vein or lode to extract and remiv , fib '�b're ;Le therefrom, should the same be found to penetrate or intersect the p 's. i , ` / * granted, as provided by law . In Testimony Whereof , I , Benjamin Hal � Iredi- , dent of the United States of America , have caused these letters te_b ;m d �Ii 'tent , e �� and the seal of the General Land Office to be hereunto affixed. _C1 � ,%,� Given under my hand , at the City of Washington, the twen ,r �iZthjd.' y of 7 4` / April in the year of our Lord one thousand eight hundred and nine & b _pd of J- ,3 the Independence of the United States the one hundred and six th. 6,' I ... By The President , Benjamin Harrison By M. McKean, Secretary. (Seal ) D. P . Roberts ,. Recorder of the Recorded Vol . 5 pace 80. General Land Office , Vol . 1 , Page 64 Deschutes County. Stephen Staats , Volume 3 , Page 423 Transcript from Crook County. To Filed June 23 , 1888. William H. Staats , THIS INDENTURE , WITNESSETH : That I , Stephen Staats , for the consideration of the sum of Five Hundred Dollars , to him in hand paid have bargained and sold, and by these presents do bargain, sell and convey unto William H. Staats the following described premises , to-wit : - The East -- of the SE-i Sec . 31 , Township 17 , S. Range 12, East , and the NWi of NW* Section 5 and NE4 of NEI Section 6 , Township 18 S. Range 12 East . To Have and to hold the said premises with their appurtenances unto the said William H. Staats , heirs and assigns forever. And the said Stephen Staats do hereby covenant to and with the said William H. Staats heirs and assigns , that he is the owner in fee simple of said premises ; that they are free from all incumbrances and that I will .warr.ant and defend the same from all lawful claims whatsoever. In Witness Whereof I have hereunto set my hand and seal this 23rd day of June , A., D. 1888. Stephen Staats (Seal ) Done in Presence of : John Combs ,Arthur Hodges STATE OF OREGON, ) ) ss . County of Crook, ) On this 23 day of June , A. D. 1888, personally came before me , a County Clerk in and for said County, the within named Stephen Staats to me p3ersonally known to be the identical person described in and who executed thewithin instru- ment , and acknowledged to me that he executed the same freely for the uses and purposes therein named. Witness my •hand and seal this 23rd day of June , A. D. 1888, Z . Y. Brown , Co . Clerk, By Arthur Hodges (Seal ) . Deputy Clerk. 164 • • v Vol. 2 Page 352, Deschutes County. E . A. Staats and Volume 8 - Page 63 W. H. Staats Transcript from Crook County. To Filed March 6th, 1901. . Y. Drake This Indenture , That E. A. Staats and W. H. Staats , her husband for the consideration of the sum . of three thousand eight hundred dollars to them paid, have bargained and sold and by these presents do bargain , sell and convey unto Alexander M. Drake , the following described premises situated in the County of Crook State of Oregon , to-wit : The Southeast quarter of the Northeast quarter and the East Half of the Southeast quarter of Section Thirty one and the South- west quarter of the Northwest quarter and the Northwest quarter of the southwest quarter of of Section Thirty Two in Township No . Seventeen South of Range No . Twelve , East of Wil . Mer . and the Northeast quarter of Northeast quarter (Lot one ) of Section Six and and the Northwest quarter of Northwest quarter (Lot Four ) of Section Five in Township Eighteen South of Range Twelve East of Will . Mer. ::also , all that part of the Southwest quarter of the Southwest quarter of Section No . Thirty Two in Township No . Seventeen South of Range No . Twelve East Bounded and described as follows , to-wit : Commencing at the N. W. corner of the said S . W.4 of S .W.4 of Section 32, Running thence South Sixty Rods : thence East Eighty rods , thence North sixty Rods , thence West Eighty Rods to point beginning and containing (30 ) Thirty acres , more or less. To Have and To Hold the said premises and their appurtenances , unto the said ilexander M. Drake his heirs and assigns forever . And the said E. A. Staats and W. H. Staats do hereby covenant to and with the said Alexander M. Drake his heirs and assigns that they are the owners in fee simple of said premises ; That they are free from all encumbrances , and that they will warrant and defend the same from all lawful claims whatsoever. • In Witness Whereof , We have hereunto set our hands and seals this 28th day of November, A. D. 1900 . E . A. Sta<r ts , (Seal ) Done in the Presence of W. H. Staat (Seal ) H. O. Palmer C. Palmer U. S . I . R. S. $4 .00 canceled. 165 State of Oregon , ) ) ss County of Crook ) On this the 28th day of November A. D. 19CC, personally came before me a Notary Public in and for said County and State , the within named W. H. Staats and E. A. Staats his wife to me personally known to be the identical persons described in and who acknowledged to me that they executed the same freely and voluntarily for the uses and purposes therein named, and without fear or compulsion from anyone . Witness my hand & notarial seal this 28th day of November, A.D.1900. A. 3 . Palmer (Seal ) Notary Public for Oregon 166 IAN • Vol . 10 Page 580, Deschutes County. Volume 10, Page 580 Transcript from Crook County. Alexander M. Drake and wife ( Filed May 9th 1904 , at 4 o 'clock P . M. To ( J. J. Smith, County Clerk. The Pilot Butte Development Co . Q Know all men by these presents , ThatAlexander M. Drake and Florence W. Drake , his wife , of Bend County of Crook , State of Oregon, (grantors ) in con- sideration of one (1 ) dollars , to them paid by The Pilot Butte Development Company, a corporation of the State of Oregon (Grantee ) the receipt whereof is hereby acknowledged ,by these presents do grant, bargain , sell and convey unto said The(Pilot Butte Development Company, its successors and assigns , all the following bounded and described real property, situated in the County of Crook and State of Oregon , to-wit. The southeast quarter of the northeast quarter and the east half of the southeast quarter of Section thirty-one and the southwest quarter of the north- west quarter and the northwest quarter of the southwest quarter of Section thirty-two , in township No . Seventeen South, of Range No . Twelve east of Will. Mer. and the Northeast quarter of the northeast quarter. (Lot one ) of Section six, and the northwest quarter of the northwest quarter, (Lot Four ) of Section P ve , in Township Eighteen , south, of Range Twelve East of Will. Mer. also all that part of the of the southwest quarter of the southwest quarter of Section No . Thirty-Two , in Township No . Seventeen south of Range No . Twelve East , bounded anddescribed as follows , to -wit : Commencing at the N.W. corner of the said S .W. of S .W.4 of Sec . 32 , running thence soi th sixty rods ; thence east eighty rods ; thence north sixty rods ; thence west eighty rods to point of beginning and con- taining thirty (30 ) acres , more or less. Also the southeast quarter of the northeast quarter, the north half of the southeast quarter, and the northeast quarter of the southwest quarter, Section thirty-two , Township seventeen south, Range twelve east of the Willamette Meri- dian . Together with all and singular the tenements , hereditaments , and appur- tenances thereunto belonging or in anywise appertaining, and also all their estate , right , title and interest in and to the same , including dozer and claim of dower. 167 Vol . 3 Page 423 , Deschutes County Volume 13 , Page 615 Walter S . Nichol and wife ( Transcript from Crook County. To ( Filed December 5yh , 1906 at 5 o 'clock P . M. Gertrude M. McCann ( Warren Brown, County� Clerk. Know all men by these presents that Walter S . Nichol and Dora Nichol his wife of Bend State of Oregon in consideration of one hundred and twenty five dollars to us paid by Gertrude M. McCann of Bend State of Oregon , have bargained and sold and by these presents do grant , bargain, sell and convey unto said Gertrude M. McCann her heirs and assigns all the following bounded and described real property situated in the County of Crook and State of Oregon beginning at a point marked by a stake in place end Located from the North west corner of Lot three ( 3 ) section five (5 ) township eighteen (18 ) south of Rang Twelve (12 ) East south )C°-03 ' East six hundred sixty (660 ) feet east 182. 9 feet thence south Q"-03 ' east three hundred five ( 305 ) feet toa point thence south sixty three (63 ) degrees fifty four minutes east one hundred eleven and thirty six hundredths (111 . 36 ) feet to a point thence North 0°-03 ' west three hundred fifty four ( 354 ) feet to a point marked by a stake in place Bence west one hundred (100 ) feet to the place of beginning the said tract the being a part of/Lot Three (13 ) section five ( 5 ) township eighteen ( 18 ) south of range twelve (12 ) east of Willamette Meridian , and contains seventy six hundredths ( 0 . 76 ) of an acre . Together with all and singular the tenements hereditaxnents and appurtenances thereunto belonging or in any wise appertaining and also all our estate , right , title and interest in and to the same includ- ing dower and claim of dower. To Have and to Hold the above described and granted premises unto the said Gertrude M. McCann her heirs and assigns forever and Walter S . Nichol and Dora A. Nichol grantors above named do covenant to and with Gertrude M. NcCann the above named grantee her heirs and assigns that we are lawfully seized in fee simple of the above granted premises that the above granted pre- mises are free from all incur.ibrances and that time will and our heirs executors and administrators shallrarrant and forever defend the above granted premises and every part and parcel thereof , against the lawful claims and demands of all persons whomsoever. 177, In Witness s whereof the grantors above named hereunto set our hand and seal this 8th day of August 3906 . Signed , sealed and Delivered in Presence of us as Witnesses . F. 0. Minor Walter ,,• Nichol (Seal ) G. W. Triplett Dora <_. Nichol (Seal ) State of Oregon ( ss . County of Crook Be it remembered that on this 8th day of August 1 . D. 1906 before me the undersigned a Notary Public in and for said County and State personally appeared the within named Walter S . Nichol and Dora A. Nichol knovri to me to be the identical persons described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily, . In Testimony Whereof, I have hereunto set my hand and notarial seal the day and year last above v ri t ten . F. 0 . Minor , (Notarial Seal ) Notary Public for Oregon. Vol . 3 Page 152 , Deschutes County. Volume 13 , Page 123 Walter S . Nichol and Wife ( Transcript from Crook County. To ( Filed August 11th 1906 at one O ' clock P . M. Emma A. Merrill ( Warren Brown County Clerk. Know all men byy these presents , that Walter S . Nichol and Dora M. Nichol his wife of Bend State of Oregon in consideratiL)n of Eighty five hundred. dollars to us paid by Emma L. Merrill of Bend State of Oregon have bargained and sold and by these presents do gran t , bargain , sell andconvey unto said Emma L. Merrill , her heirs and assigns all the following bounded and described re-_ 1 property, situated in the County of Crook and State of Oregon. Ei SE4 ofsection 6 , N-'�� SW-I; SEk- and Lot 3 Sec . 5 T. 18 , S . R. 12 E . W. M. and Nz NE-i Section 7 T. 18 S . R. 12 E . W. M. except the following des- cribed tracts # 1 Beginning at a stake in the N. line of Section 5 , T. 18 S .R. 12 E . and located from the N-- Sec . Cor. of said Sec . 5 , N . 8. 55 feet thence W. on the N. line of lot 3 section 5 T . 18, S . R. 12 E . 218 ft . to a stake ; thence S. 200 feet to a stake ,_ thence E. 218 feet , to a stake , thence N. 200 feet , to the place of beginning the said described tract containing one acre #2 Beginning at a stake in the N.L'ne of Sect .5 ,T. 18 S . R. 12 E . and located from the Ni of Sec . Cor . of said Sec . 5 West 444 .55 ft . thence west on the N. line of said Sec . 5 T. 18 S . R. 12 E. 218 Ft . to a stake thence south 200 Ft .. to a stake , thence East 218 Ft . to a stake , thence N. 200 ft . to the place of beginning the said described tract containing one acre . #3 Beginning at a stake located in the West line of Lot 3 . Sec . 5 T. 18 S . R. 12 E . and located from the N.W.Corner of said Lot 3 , S. 553.4 feet , thence S . on the W. line of said Lot 3 322 feet to a point; thence S . 63 degrees , 54 ' E . 314 .81 ft . toa point ; thence S . 66 Ft . to a Point : Thence E. 103 .71 Ft . to a point ; thence N. 420 ft . to a point ; thence W. 322. 02 ft . to a s take ; thence N. 13 degrees 52 ' E . 109 ..82 ft . to a,.point ; thence W. 91 ft . to the place of beginning the said described tract containing 3 .14 acres all the above described tracts are a part of Lot 3 , Sec .5 . T. 18. S . R. 12 , E . together with all and singular the tenements , hereditaments and appur- tenances thereunto belonging in any wise appertaining and also all our estate , right , title and interest in and to the same , including dower and claim of dower. 179. To Have and to Hold the above described and granted premises unto the said Emma : . Merrill heirs and assigns forever, and Walter S . Nichol and Dora A. Nichol the grantors above named do covenant to andwith Emma A. Merrill the above named grantee her heirs and assigns that we are lawfully seized in fee simple of the abow.wee granted premises that the above granted premises are free from all incumbrances except Mtge . for eight hundred and fifty five dollars to Cen . Or . Bk . & T . Co . with Int . $14 .25 and and except mortgage for four thousand dollars to John Sisemor.e with accrued int . $420 . 11 taxes for 1905 , to be paid by Walter S . Nichol and that we wil and our heirs , executors , and administrator: whall wa rant and forever defend the above granted premises , and every part and parcel thereof , against the lawful claims and demands of all persons whomsoever. In Witness whereof We the grantors above named hereunto set our hands and seals this fifth day of February , 1.906 . Signed, Sealed and Delivered in ( Presence of us as witnesses . ( Walter S . Nichol (Seal ) Grace E . Lawrence ( Dora A. Nichol (Seal ) L. D. Wiest State of Oregon ( ss . • County of Crook , Be i t Remembered that on this 5th day of February A. D. 19C6 before me the undersigned a Notary Public in and for said County and State , personally appeared the within named `;alter S . Nichol and Dora Nichol , his wife who are known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. In Testimony Whereof , I have hereunto set my hand and Notarial seal , the day and year last above w ritten . E . A. Jones , Notary Public (Notarial Seal ) for Oregon. 180' • Vol. 5 , Page 55 , Deschutes County. Walter S. Nichol & Wife Volume 17 , Page 12 . To Transcript from Crook County. John C. Fry Filed May 14" Y , 7. D. 1908. i` 0V1 ALL LEN BY THLSE PRESENTS, That We , Walter S . Nichol and Dora Nichol , husband and wife , of Bend , State of Oregon , in consideration of Two Hundred ( 200 ) Dollars , to us paid by John C. Fry, of Bend, State of Oregon , have bargained and sold and by these presents do grant , bargain , sell and convey unto said John 0. Fry, his heirs and assigns , all the following bounded- and described real property, situated in the County of Crook and State of Ore -' gon; Beginning at a point marked by a stake in place and located from the No: thw est corner of Lot three (3 ) , Section Five ( 5 ) , Township Eighteen (18 ) , south, Range Twelve (12 ) East of tte Meridian , south three minutes eat 660 feet , east 64. 59 feet ; thence east 118.31 feet to a point marked by a stake in place : Thence south 305 feet to a point on the right or east bank of the Deschutes River; thence north sixty-three degrees and fifty-four minutes west along the said right bank of the said Deschutes River 191 .23 feet to a point ; thence north thirteen degrees and fifty-two minutes east 226 .73 feet to the place of beginning , containing one (1 ) acre . • Together with all and singular the tenements , her.editaments and appur- tenances thereunto belonging or in anywise appertaining , and also all our estate , right , title and interest in and to the same , including dower and claim of dower . TO HAVE AND TO HOLD THE ABOVE described and granted premi ses unto the id John 0. Fry, his heirs and assigns forever. .And We , Walter S . Nichol and Dora Nichol , grantors above named do covenant to and with John 0. Fry, the above named grantee , his heirs and assigns that we are la. fully seized in fee • simple of the above granted premises , that the above granted premises arefree from all incumbrances , and that we will and our heirs , executors and adminis- trators shall warrant and forever defend the above granted premises , and every part and parcel thereof , against the lawful c=aims and demands of all persons whomsoever. IN WITNESS WHEREOF , We the grantors above named hereunto set our hands and seals this 28th day of November, 1904 . 8 Signed , Sealed and Delivered in the Presence of us as witnesses : Eugene ,,4,ndreva Walter S . Nichol (Seal ) J. M. Lawrence Dora :,N. Nichol (Seal ) State of Oregon , ) ) ss County of Crook , ) BE IT RE.1.1.123EIED that on this 28th day of November, D. 1904 , -be- fore me , the undersigned , a Notary Public in and for said County and State , pe rsonally appeared the within named Walter S . Nichol and Dora A. Nichol , his wife , who are known to me to be the identical individuals described in and who executed the within instrument , and acknowledged to me that they exe- cuted the same freely and voluntarily. IN TESTIMONY ti,'IEREOP, I have hereunto set uy hand and notarial seal the day and year last above written . J. M. Lawrence , (No tari al Seal ) . Notary Public for Oregon. • 188 Vol . 5 Page 80 , Deschutes Count GERTRUDE M. McClbTiT & HUSBAND, Volume 17 , Page 69 To Transcript from Crook County BEOOIE B . MU=G , Filed June 8" , 1. D. 1908. KNOW ALL L N BY THESE =SENTS, That Gertrude M. McCannar,d Robert J. McCann , her husband of Bend , State of Oregon , in consideration of Three Hund- red Dollars , to us paid by Bessie B . Mutzig , State of Oregon, have bargained and sold and by these presents do grant , bargain , sell and convey unto said Bessie B . Mutzig , heirs and assigns , all the following bounded and described real property, situated in the County of Crook and State of Oregon; Beginning at a point marked by a stake in place and located from the Northwest corner of Lot three (3 ) , Section Five (5 ) , Township Eighteen (18 ) South of Range Twelve (12 ) East , South 0° 03 ' east six hundred sixty ( 660 ) feet , east 182 .9 feet , thence south 0' o3 ' east Three hundred fite ( 305 ) feet to a point , thence south sixty three (63° ) degrees fifty four 954 ' ) minutes one hundred eleven and thirty six hundredths (111 . 36 ) feet to a point , thence north C° 03 ' west three hundred fifty four (354 ) feet to a point marked by a stake in place , thence west one hundred ( 10C ) feet to the place of beginning . The said tract being part of Lot Three (3 ) Section Five ( 5 ) Township Eighteen ( 18 ) , south of .nge Twelve (12 ) east of Willamette Meridian and contains seventy six hundredths ( 0. 76 ) of a acre . Together with all and singular the tenements , hereditaments and appur- tenances t,.ereunto belonging or in anywise appertaining , and also all our estate , right , title and interest in and to the same , including dower and claim of doper. TO HAVE AND TO HOED the above described and granted premises unto the , said Bessie B . i:rutiig , her heirs and assigns forever . .11,nd We , Gertrude M. McCann and _Robert ,?. McCann, grantors above named do covenant to and with Bessie B . Mutzig , the above named grantee , her heirs and assigns that we are lawfully seized in fee simple of the above granted premises , that the above granted premises are free from all incurnbrances , and that vae will and our heirs executors and administrators , shall warrant and forever defend the above granted premises , and every part and parcel thereof , against the lawful claims and demands of all persons whomsoever . 1_59 IN WITNESS WHEREOF, We the grantors. above named , hereunto set our hands and seals this 2d. day of Tune 1908. Signed , sealed and delivered in the presence of us as Witnesses : Gertrude M. McCann , (Seal ) Clark Ruder: F. 0. Minor . Robert J. McCann , (Seal ) State of Oregon ) ) ss . County of Crook ) BE IT REVEM3ERED, That on this 2d day of June A. D. 1908, before me , the undersigned, a Notary Public in and for said County and State , personally appeared the within named Gertrude McCann and Robert J. McCann , her husband , who are known to me to be the identical individuals described in and who executed the vw ithin instruaent , and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY ';}EREOF, I have hereunto set my hand and notarial seal , the day and year last above written . F. 0. Minor , (Notarial Seal ) Notary Public for Oregon. • • 190