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,.,. to Raphael L. and James L. Cooke. In 1958, James L. Cooke sold to Raphael L. Cooke, all of that property except block 28. RaphaeJ Cooke entered into a land sale contract with Lindy and Mary Lou Phillips in 1963 for that parcel, less what is now tax lot 1500. The Phillips defaulted on the contract and conveyed the properti back to Raphael Cooke by estoppel deed in 1967. In 1969, Raphael and Jo Ann Cooke conveyed to Lindy and Mary LOll Phillips, a tract of land that included 4 2W 19AD lots 100, 60l, 700, 800, 3600, 3700, 3800, 3900, 4000, 4100 and 4200, portion:, of McDonald and Lucier Avenues and portions of 2~, 3~ and 1 Streets. In 1980, Lindy and Mary Lou Phillips conveyed thi s property, minus tax lots 700 and 800, to Jennifer L. Smith. In 1992, Smith conveyed this same property to Shane and Daniel Doyp Smith. In 1997, the smiths deeded property to Daniel M. Smith. The 1997 conveyance to applicant describes the property he received as 'Ap [p] roximately 7-seven acres in City of St. Paul's urba¡ growth boundary. Tax lot # 00600 and #00100 'Descri[p]tion on ba' page'". The description attached to the 1997 warranty del describes more than tax lots 100 and 600; it describes all of the land conveyed to Shane and Daniel Dore Smith in 1992. It is difficult to tell from the 1997 deed just what property Daniel f,. Smith received in that conveyance, but that appears to be inconsequential in this case. Here, according to testimony at hearing, the land to the west of the subject property that was part of the legal description attached to the 1997 deed was legally separated from the subject proper.ty by subdivision within the City of St. Paul, leaving only the property within tax lots 100 and 600. The properties discussed above were conveyed throughout the year~ by metes and bounds descriptions, except that blocks or portion. of blocks within the originally platted City of St. Paul are sometimes mentioned. Since acquiring the subject property applicant conveyed portions of the subject property to himself (': to his daughter. The property transfers were not accompanied \~ partition or subdivision action, and did not result in la¡, divisions. 5. Applicant believes he has seven separate, legal lots. Applicah" bases this belief on the Mission Farm addition plat, lat. property transfers and ORS 92.017. According to applicant, wh. the Mission Farm addition was platted, each platted block beca a separate 'lo~, and each block containing the subject properLY was later 'divided" when parcels containing portions of the blockc were conveyed. Applicant proposes that, under ORS 92.017, th. blocks remained separate lots, even though conveyances were by metes and bounds descriptions. Applicant does not believe the 1899 vacation of the Mission Farm plat is effective, or, if effectiv~, ADM-01-02\ORDER - 5 SMITH