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HomeMy WebLinkAboutDeed APPLICANT 8/1/2013 AFTER RECORDING RETURN TO: Olson&Morris 380 Q Street,Suite 200 Springfield,OR 97477 DECLARATION OF PROPERTY LINE ADJUSTMENT/BARGAIN AND SALE DEED This Property Line Adjustment and Bargain and Sale Deed is made and entered by and between Alan Bruce Comeil and George A. Comeil, hereinafter referred to as"The Comeils,"and Kory A. Ellsworth, hereinafter referred to as"Ellsworth." WHEREAS: A. "The Cornelis" are the owners of a tract of land more particularly described in Exhibit "A" attached hereto and incorporated herein, and also described in that certain Warranty Deed recorded March 28,2005,Reception No.2005-021149,Lane County Oregon Deed Records. B. "Ellsworth" is the owner of a tract of land more particularly described in Exhibit "B" attached hereto and incorporated herein, and also described in that certain Bargain and Sale Deed recorded July 2,2012,Reception No. 2012-033225,Lane County Oregon Deed Records. C. The undersigned parties mutually desire to adjust the common boundary line between Tax Lots 3500 and 3600, Assessor's Map 17-02-31-41, to comply with the City of Springfield Land Use Code and the provisions of ORS 92.190(4), and to satisfy the requirements of a Settlement Agreement by and between First American Title Company, and George and Alan Comeil, dated May 6,2010. NOW THEREFORE, in consideration of the above premises, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and for the purpose of adjusting the common legal and physical boundary lines between the parcels described herein, it is mutually agreed as follows: I. Following this property line adjustment,the description of the property owned by "The Comeils" is • more particularly described in Exhibit "C" attached hereto and incorporated herein. The underlined portions indicate the adjusted property line. 2. Following this property line adjustment, the description of the property owned by "Ellsworth" is more particularly described in Exhibit "D" attached hereto and incorporated herein. The underlined portions indicate the adjusted property line. 3. In order to effectuate this property line adjustment, "The Comeils" hereby convey to "Ellsworth" any fee simple interest in the property described lying with the"Ellsworth" adjusted parcel. 4. The teens and conditions of this property line adjustment shall be and hereby are made binding on the heirs, administrators, executors, personal representatives, successors, and/or assigns of the parties hereto. Date Received: 2 1 I l I Planner: LM • 4127 Declaration of Property Line Adjustment Page 1 of 3 • • • w Alan Bruce Cornell George A. Comet] STATE OF Oregon )ss County of Lane ) . This instrument was acknowledged before me this day of ,2013,by Alan Bruce Comeil and Geor2e A. Cornell,to be their voluntary act and deed. • Notary Public for Oregon My Commission Expires: Kory A.Ellsworth STATE OF ) )ss County of ) This instrument was acknowledged before me this day of ,2013,by Kory A. Ellsworth, to be his voluntary act and deed. Notary Public for My Commission Expires: 4127 Declaration of Property Line Adjustment Page 2 of 3 411 411 • EXHIBIT"A" ORIGINAL PARCEL 1: A tract of land located in the Southeast 1/4 of Section 31,Township 17 South,Range 2 West of the Willamette Meridian,in Springfield,Lane County,State of Oregon.Said tract being described in that certain Warranty Deed recorded March 28,2005, • Reception No.2005-021149,Lane County Oregon Deed Records,Lane County,Oregon;being more particularly described as follows: Beginning at a point that is North 89°42'00"West 10.00 feet, South 0°12'07"West 243.65 feet from the Southwest corner of Parcel 1,LPPN 2004-P 1762, as platted and recorded July 20,2004,Lade C ounty Oregon Plat Records;thence run South 89°43'14"East 80.00 feet;thence South 0°12'07"West 62.00 feet; thence North 89°43'14" West 80.00 feet;thence North 0°12'07"East 62.00 feet to the point of beginning, all being in Lane County, Oregon. EXHIBIT"B" ORIGINAL PARCEL 2: A tract of land located in the Southeast.1/4 of Section 31,Township 17 South,Range 2 West of the Willamette Meridian,in Springfield,Lane County,State of Oregon.Said tract being described in that certain Bargain and Sale Deed recorded July 2,2012, Reception No.2012-033225,Lane County Oregon Deed Records,Lane County,Oregon;being more particularly described as follows: Beginning at a point that is North 89°42'00"West 10.00 feet, South 0°12'07"West 305.65 feet and South 89°43'14"East 5.00 feet from the Southwest corner of Parcel 1,LPPN 2004-P1762,as platted and recorded July 20,2004,Lane County Oregon Plat Records;thence run South 0°12'07"West 35.00 feet;thence South 89°43'14"East 75.00 feet;thence North 0°12'07"East 35.00 feet;thence North 89°43'14"West 75.00 feet to the point of beginning,all being in Lane County, Oregon. EXHIBIT"C" REVISED PARCEL 1: A tract of land located in the Southeast 1/4 of Section 31,Township 17 South,Range 2 West of the Willamette Meridian,in Eugene, Lane County,State of Oregon;being more particularly described as follows: • Beginning at a point that is North 89°42'00"West 10.00 feet, South 0°12'07"West 243.65 feet from the Southwest corner of Parcel 1,LPPN 2004-P1762,as platted and recorded July 20,2004, Lane County Oregon Plat Records;thence run South 89°43'14"East 80.00 feet;thence South 0°12'07"West 52.13 feet; thence North 89°43'14" West 80.00 feet: thence North 0°12'07"East 52.13 feet to the point of beginning, all being in Lane County, Oregon. EXHIBIT"D" REVISED PARCEL 2: • A tract of and located in the Southeast 1/4 of Section 31,Township 17 South,Range 2 West of the Willamette Meridian,in Eugene, Lane County,State of Oregon;being more particularly described as follows: . Beginning at a point that is North 89°42'00" West 10.00 feet, South 0°12'07" West 305.65 feet and South 89°43'14"East 5.00 feet from the Southwest corner of Parcel 1,LPPN 2004-P1762,as platted and recorded July 20,2004,Lane County Oregon Plat Records;thence run South 0°12'07"West 35.00 feet;thence South 89°43'14"East 75.00 feet;thence North 0°12'07"East 35.00 feet:thence North 89°43'14"West 80.00 feet: thence South 0°12'07"West 9.87 feet;thence South 89°43'14"East 5.00 feet to the point of beginning, all being in Lane County,Oregon. • Date Received: V I I (3 • Planner: LM 4127 Declaration of Property Line Adjustment Page 3 of 3 •