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HomeMy WebLinkAboutApplication APPLICANT 10/17/2008 \, :City of Springfield Development Services Department . 225 Fifth Street Springfield, OR 97477 . i}(i1~ ,Submittal Property Line Adjustment Y- Date Received: OCll 7 2008 . -. Applicant Name: ...J'EfUC-( -::b::,t-l~-"7'7 Icompany: 01-l.1~ ~"T<Z-L,~kA;I2..",\ IAddress: I ". IAPPlicant's Rep.:' -....JOI..lkrH~ 4..-. ~? Icompany: IAddress: , \"'D,Io.(,E:.- ~61""'E.Et2.,,~ + "7lIfZ>IlCr'tf...... F-o. ~ '2.'5'1...'1. 1Z::UuF~~ ClQ.. 9,.,Ao1..- Phone: 4<tt:,'~03 Fax: ~s-s",z4 II-<-G .-.,.,;,-", "~"w':)_ '"",r;r""')';;YjW'L~' I I 1'b-o'?-o7-{2...- Assessors Map #: L <;>,. 0"'7- Q~ -( 1 I Property Address: 2.000 ....U/.l.i;;.:r '-<J"-T !propertyowner: 1!r..llTeb ':;'~4 ~1?1 Icompany: l)w-reI:> <?..".,-.;;~ ~~-( PROPERTY 1 I .....1"- '-""~ 100 Tax Lot #: (IOO.\UlO "7'iloO :;qco 4=0 i'St1l J?lJ ~ et2..- "tl. 40'7 Phone: Fax: Address: Assessors Map #: I Property Address: PROPERTY 2 \'9-0"7'0'7-11 I 1 '0- 0"'> - 0....-\4-- Tax Lot #: 7<00 , '7(000 \'700 -ZOOt:> t->-v6.c.E..:r W....... p..U(,~A-l€... 0'2.- q., 4-0~ I Phone: I Fax: Property Owner: iJ j..U~ ~ k:.A-I.<k~T Company: LJ t-LnlZ-'" ~ :b~1 Address: ~_"" "",,""'0''',-,,,, '-".,'_ ,.,,,"",=:"',,,,,,-,"",=,,.',., ,~ <~'_ .t,""",""M~_,,".."!J;" "',....~W'- ~ ,.'" _='t-~"':",,,'-'. I Description of If you are filling in this form by hand, please attach your proposal description to this application. . Proposal: \ . Si natures: PI~ase si n and print your name and date in the a -. . . - Associated Applications: Case No.: &uS.w-D2 ~ 000 4-(:.; I Date: \Cl \ [1 ( O~ I Reviewed by: Lb I'~ IAPPlication' Fee: $ lD 'd~, d\) ITechnical Fee: $ :2,1. IS Ipostaqe Fee: $0 .:TOTAL FEES: t. GS 1.\ - \s I PROJECT NUMBER: .p.;i,,"",<~~~ -0$, ,,::;&i:i!i_ __~ :..... ~Km:.~,iii~~4: -~~-"- .'\rj%~ :....:.. ~_~ Revised 1/1/08 Molly Markarian 1 of 4 Signatures Applicant: Property Owner 1: Property Owner 2: The undersigned acknowledges that the information in this application is correct and accurate. . Utv,T.,1J .{ ,I/-;S'J IJII-IrJf\.1 11'1 rl 1"1 en. c r=- J Date: q -/ / r / () y Signature '{J(} T J 1Ltl-.j f'1 /3v.,-, j SJ Print I If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. Date: Signature Print If the applicant is not the owner, the owner hereby grants permission forthe applicant to act in his/her behalf. Date: Signature Print Date Received: OCT 1 7 2008 Original Submittal. / Revised 1/1/08 Molly Markarian 2 of 4 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone SP..T.~~~.J:~EU> - '!..."'.'.'."'. ~....... ~k:~ .~, ., _~~"""_""'-_""C'.,.. ,c- .. ....., C' If Springfield Official Receipt Development Services Department Public Works Department RECEIPT #: 2200800000000001527 Date: 10/17/2008 2:47: 13PM Paid By JONATHAN A OAKES Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 623.00 31.15 $654.15 Job/Journal Number SUB2008.00046 SUB2008-00046 Description CTY Property Line Adjustment + 5% Technology F~e Payments: Type of Payment CreditCard Amount P"id LRD 61710a In Person Payment Total: $654.15 $654.15 "-"~"""-'~''''''~,-- --,,,,,,... ..~-,.- .~'.I o , \ \ Date Received: OCT 1 7 2008 Original SUbmitt~1 cReceintl Page 1 of 1 J 011 7/2008 J LII i OF SPRINGFIELD VICINITY MAP SUB2008-00046 2000 Nugget Way ~ll~ Map 18-03-03-12 Tax Lot 700, Map 18-03-03-11 Tax Lot 1100,1200,3600, 3700,3800, 3900,4000 Map 18-03-03-14 Tax Lot 1300 + N'U'ft.I.D Date Received: OCT 1 7 ZUUB Original Submittal POAGE: ENGINEERING & SURVEYING. INC. Narrative to support a Property Line Adjustment Applicati!ln involving Tax' Lot No.'s 1100, 1200 & 3800 of Assessor's Map No. 18-03-03-11 . together with Tax Lot No. 700 of Ass.essor's Map No. 18-03-03-12 and Tax Lot No.'s 201, 3600 and 3700 of Assessor's Map No. 18-03-03-11 together width Tax Lot No. 1300 of Assessor's Map No. 18-03-03-]4 , October 16, 2008 The applicant is proposing to adjust the common boundary line between two abutting properties under. its collective ownership. The Tract I property is shown as Tax Lot No.'s 1100,1200 and 3800 of Assessor's Map No. 18-03-03-11 together with Tax Lot No. 700 of Asssessor's Map No. 18-03- 03-12. The Tract I property contains a newly constructed commercial bakery facility with related access drives, parking areas and railroad spur for the delivery of raw materials for.bakery production. The Tract 2 property is shown as Tax Lot No.'s 201,3600 & 3700 of Asssessor's Map No. 18-03-03-11 together with Tax Lot No. 1300 of Assessor's No. 18-03-03-14. Tract 2 is currently vacant. Its previous use was as a paved storage yard for products produced by a ryC pipe manufacturer located on the adjoining property. The purpose of the property line adjustment is to place the access drive and private railroad spur serving the Tract I property that is. currently located on the Tract 2 property, wholly within the boundaries of the Tract I property. To preserve access from the T~act 2 property to Newman Street, a public road, the applicant is proposing to create a 57.0' x 60.0' joint access easement over the mosi southerly portion of that part of the Tract 2 property to be conveyed to the Tract I property to accomplish the property line adjustment. Both the Tract I and Tract 2 properties are located with a LMI.Light-Medium Industrial Zoning Classification. The proposed property line adjustment does not create a new lot or parcel. Through the proposed Joint Access Easement the property line adjustment will not create a landlocked lot or parcel. The property line to 'be ~djusted will move away from the existing structUre on the site therefore the proposed property line adjustment does not reduce the building setbacks below the minimum permitted under the LMI zoning classification. The minimum lot area within the LMI zoning classification is 10,000 sq. ft. Both parcels are currently in excess of I 0,000 sq. ft. and will be in excess of I 0,000 sq. ft. after the property line adjustment is accomplished. Access to public utilities for the adjusted properties will be available via the existing utilities loc~ted within the public streets and public utility easements adjacent the exterior boundaries of the subject properties. There are no non-conforming issues associated with the subject properties and, as this narrative and associated preliminary plan demonstrates, the proposed property line adjustment will not create a non-confonning situation on the subject tracts. Date Received: OCT 1 7 2008 Original Submittal CIVIL / ENVIRONMENTAL ENGINEERING . SURVEYING P.O. BOX 2527 EUGENE, OR 97402.0152 990 OBIE ST. 541/485-4505 FAX 541/485-561WWW.POAGE.NET .. " :-r ;llfQSl>3 6Ab".oS..3~ c:s . . ~ <; KtOTUKNl U LI\~LiillE.TITlf. co. I ?'03.03/l 41'3.000 2>100 If' If03'03.141~{3co,~ZO' . AFTER RECORDING_ RETIJRN TO: UNTIL A CHANGE IS REQUESTED, SEND ALL TAX STATEMENTS TO: Jeffrey H. Keeney, Esq. Tonkon Torp LLP 1600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204-2099' United StateS Bakery PO Box 14769 Portland, OR 97293-0769 WARRANTY DEED WILDISH INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon Cv.pv.~~;on, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon corporation; Grantee, that certain real property located in Lane CoUnty, Oregon, and more '. particularly described on Exhibit A attached .hereto, free of all liens and' encwnbrances except those set 'forth on Exhibit B attached hereto. . . , The true consideration for this conveyance is $629,880, (i) paid from proceeds of a tax-deferred exchange under Section 1033 of the Internal Revenue Code, and (ii) paid to a qualified accommodator as part ofa tax-deferred exchange WIder Section 1031 of the Internal Revenue Code. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIIE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RlGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TIllS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, TIIE PERSON ACQUIRING FEE TITLE TO TIIE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY P~ANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST' FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT TIIE RlGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352". DATED this 1st day. of JWle,.2006. GRANTOR: WILDISH INDUSTRIAL DEVELOPMENT CORPORATION; an Oregon corporation / Division of Chief Deputy Clerk Lane County Deeds and Records 200D.~J~~I~ $41.00 '\By~j;/))W (7'es A. Wildish, President Date Received: "111111111111111111111111111111111111111111111 00BIIB9920~.003B51B\~40046 06/02/200603:51:41 PM RPR-DEED Cnt=1 Stn=9 CASHIER D4 $20.00.$11.00 $10.00 OCT 1 7 2008 ~ - --- -------' Original Submittal . .' , STATE OF OREGON ). ) ss. County of Lane ) The foregoing instrwnent was acknowledged before me on the I st day of June, 2006, by James A. Wildish as President of Wild ish Industrial Development Corporation, an Oregon corpomtion. . 0FIlCIAl SfAl UNDA L HENSE '. NOTARY P\JBUC . 0Rf6IlII . -. OOMMISSIONNO.391489' . MY COMMISSlDli EliPulEs 0CIlIlIEII2Q. 2lIJ9 ~~~~ ,_ .0' Nolliiy Public for Oregon My commission expires: / 0/ ~q / () 'I I 000632\00194\689854 Vool - Date Received: OCT 1 7 2008 Original Submittal '.' ". EXIllBIT A . Legal Description Beginning at the southeast comer of Lot 5, Block 2 ofWildish Industrial Tracts as platted and recorded in Book 56, Page II of the Lane County OregonPlat Records; thence along the south line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest comer of said Lot 5, Block 2; thence leaving said south line and running South 36006'25" West 273.98 feet to a point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles .to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly . boundary of the Ashland Line of the Southern Pacific Railroad right of way South 53054'33" East 506.26 feet to a point marking the intersection of the northerly boundary of the As!lland Line of the Southern Pacific Railroad right of way and the southwesterly projection of the northerly boundary of Lot 11, Block 2 of said Wildish Industrial Tracts; thence leaving the northerly boundary of said railroad right of way and running along the northerly boundary of said Lot 11, Block 2 North 36006'25" East 284.96.feet to the comer common to Lot 7, Lot 8 and Lot 11 in Block 2 of said Wildish induStrial Tracts; thence along the common boundary between Lot 7 and Lot 8 in Block 2 of said Wildish Industrial Tracts North 29007'10" East 169.35 feet to a point on the southerly margin of Nugget Way, said point being 25.00 feet from, when measured at tight angl~s to, the centerline of Nugget Way; thence along the southerly margin of Nugget Way North 60052'50" West 385.97 feet and along the arc ofa 70.00 foot radius curve right (the chord of which bears North 44053'25" West 38.57 feet) a distance of39.07 feet to the point of beginning, all in Lane County, Oregon. Date Received: OCT 1 7 2008 Original Submittal e. ~ EXnu>.. B Permitted Exceptions 1. Easement, including the terms and provisions thereof, granted the City of Eugene, recorded August 6, 1969, Reception No. 76323, Lane County Oregon Deed Records. 2. Easement, including the terms and provisions thereof, granted the City of Eugene, recorded December 15, 1967, Reception No. g 194, Lane County Official Records. 3. Easements as shown on the recorded plat of Wildish Iridustrial Tracts, except that portion of the railroad easement along the Westerly boundary of Block 2, vacated by City of Springfield Ordinance No. 6139, recorded AprilS, 2006, Reception No. 2006-023042, Lane County Official Records. " . 4. Easements for utilities over and across the premises formerly included within the boundaries of the vacated railroad easemeni vacation by City of Springfield Ordinance . No. 6139, rec!Jrded AprilS; 2006, Reception No. 2006-023402, Lane County Official Records, if any such exist, as reserved therein. 5. Wildish Industrial Park Covenants, Conditions and Restrictions, mcluding the terms and provisions thereof (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, natioual origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) recorded february 29, I 996,"Reception No. 9613731, Lane County Deeds and Records. 6. . Glenwood Urban Renewal Plan, including the terms and provisions thereof, recorded . December 14,.2004, Reception No. 2004-095229, Lane County Deeds and Records. 7. Public utility easement, ihcluding the terms and provisions thereof, granted to the City of Springfield, recorded October 04, 2005, Reception No. 2005-078937, Lane County . Official Records. . > 8. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including the terms and provisions thereof, recorded October 4, 2005, Reception No. 2005-078938, Lane County Official Records. 9. . Public utility easement, including the terms and provisions thereof, granted the Ciiy of Springfield, recorded May 05, 2006, Reception No. 2006-031288, Lane County Official Records. . . Date Received: OCT 1 7 2008 Origir"'l1 Submittal @ . . R~RN TO CASCADE TIl1.E CO. '. ,Cf)~'f;i1S 6.\o\o.OS3'f (.5- 1%'-0;.- o~-n J<IF 1l00,4t IZero ,41' .3r.~, 43W', 'f' ~O, ""lfDl1O j~'O~'03'1t."'''7()() . .... .AFTER RECORDING. RETURN TO: UNTIL A CHANGE IS REQUESTED, SEND ALL TAX STATEMENTS TO: ^"' . Jeffrey H. Keeney, Esq. Tonkon Torp LLP 1600 Pioneer Tower 888 SWFifthAvenue Portland, OR 97204-2099 United StateS Bakery PO Box 14769 Portland, OR .97293-0769 WARRANTY DEED . WILDISH INDUSlRIAL DEVELOPMENT CORPORATION, an Oregon cv.pv,~;;on, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon cv.pv.~tion, Grantee; an undivided 48.39 percent interest in that certain real property located in Lane County, Oregon, and more particularly described on Exhibit A attached hereto, free of all liens and encumbrances except those set 'forth on Exhibit B attached hereto. The true consideration for this conveyance is $1,019,816, (i) paid from proceeds of a tax-deferred exchange under Section 1033 of the Internal'Revenue Code, and (ii) paid to a qualified accommodator as part of a tax-deferred exchange wider Section 1031 of the Internal Revenue Code. " BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT niE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRllMENT DOES NOT ALLOW USE OF TIIE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIIE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH TIIE APPROPRIATE CITYOR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED. USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT TIIE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 1~.3n I DATED this I st day Of June, 2006. GRANTOR: . WILDISH INDUSlRIAL DEVELOPMENT . CORPORA TION,an Oregon corporation , DivisIon of Chief Depuly Clerk Lane Counly Deeds and R~cords Date Received: 2006-o3~519 111111111111" 1111 11111111111111111" l1li11 00811~~0200w003B5190J600v~ 06/02/200603:51:41 PM RPR-DEED Cnl=l Sln=9 CASHIER 04 $30.00 $11.00 $10.00 '---- - .... $51.00 OCT 1 7 2008 Original Submittal """- -._------~-~ . STATE OF OREGON ) ) ss. County of Lane ) .!". The foregoing instrument was acknowledged before me on the 1st day of June, 2006, by James A. Wildish as President of Wildish Industrial Development Corporation, an Oregon corporation. . . lfFICIAL SfAl. UNDA I.IlB& , ' NOTARY PUBuc - 0AelllJlj COMMISSION NO. 397459 MY COMYSSIDN ElIPIIEB lICIll8al29, 2IlO9 000632\00194\681021 Vool . . ~~Jd~P{k- '()./' ~~~;ublic for oregon My commission expires: Id'lzt:;/ CJ q I . Date Received: OCT 1 7 2008 Original Submittal . EXltu" 1 A Legal Description of ParcelA Beginning at the northwest comer of Lot I, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page II of the Lane County Oregon Plat Records; thence along the west line of said Block 2 South 00002'25" West 723.16 feet to the southwest comer of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving said west line and running along the south line of said Lot 4, Block 2 South 89057'35" East 183.25 feet to the southeast comer of said Lot 4, Block 2, said point being in the' westerly margin of Nugget Way, 25.0 feet from, when measured at right angles to, the centerline of Nugget Way; thence leaving the south line'ofsaid Lot 4, Block 2 and running along the westerly margin of Nugget Way South 00002'25" West 166.26 . feet and along the arc of a 70.00 foot radius curve left (the chord of which bears South 14"25'45" East 34.98 feet) a distance of35.36 feet to the southeast comer of Lot 5, Block 2 of said Wildish Industrial Tracts; thence leaving the westerly margin of Nugget Way and running along the south line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest comer of said Lot 5, Block 2; thence' leaving said south line and running South 36006'25" West 273.98 feet to a point on the northerly'boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly boundary the Ashland Line of the Southern Pacific Railroad right of way North 53054'33" West 148.48 feet to a point marking the intersection of the northerly, boundary of Ashland Line of the Southern Pacific Railroad right of way and the east line of the 'C.B. Sweet D.L.C. No. 38 in Township 18 South, Range 3 West of the WiIlamette Meridian; thence along the east line of the e.B. Sweet D.L.C. No. 38 North 00010'26" East 71.66 feet to a point marking the intersection of the east line of the C.B. Sweet D.L.e. No. 38.and a line parallel to and 88.0 feet northerly of the centerline of the Ashland Line of the Southern Pacific Railroad right of way thence leaving the . east line of said C.B. Sweet D.L.C. No. 38 and running along the northerly line of said Ashland Line of the Southern Pacific Railroad right ofw~y North 53054'33" West 291.40 feet to a point which is 75.0 feet eaSterly of when measured at right angles to.the "Y Line" of the South Pacific Railroad; thence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" of the Southern Pacific Railroad along the arc of a 500.00 foot radius curve right (the chord of which bears North 2052'21" West 777.55 feet) a distance of 890.76 feet to a point marking the intersection of the easterly margin of the "Y Line" of the Southern Pacific Railroad and the south margin of County Road No. 443, said point being 30.0 feet southerly of, when measured at right angles to, the centerline of County Road No. 443 as said centerline is established in e.S.F. No. 27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and running along the southerly margin of County Road No. 443 North 89059'02" East 277.32 feet to a point marldng the intersection of said southerly margin and the east line of the e.B. Sweet D.L.C. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of said C.B. Sweet D.L.C. No. 38 North 00010'26" East 6. "/7 feet to a point marking . the intersection of the east line of the e.B. Sweet D.L.e. No: 38 and the south margin of County Road No. 443"said point being 30.0 feet southerly of when measured at right angles to the centerline of County Road No. 443 as said centerline is established in the plat of Wildish Industrial Tracts as platted and recordl:d in Book 56, Page II of the Lane County Qregon.Flat . . . vate Kecelved: . ~ , OCT 1 7 2008 Original Submittal -.,.. .,... Re<;ords; thence leaving the east line of the C.B. Sweet D.L.C. No. 38 and running along the south margin of County Road No. 443 North 64041'10" East 243.99 feet to the point of beginning all in Larie County Oregon. Legal Description of parcei,B Beginning at the northwest corner of Lot I, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page II of the Lane County Oregon Plat Records; thence along the west line Of said Block 2 South 00002'25" West 426.66 feet to the True Point of Beginning; thence North 89"20'24" East 183.26 feet to a point on the west margin of Nugget Way, said point being 25.00 feet from when measured at right angl~s to the centerline of Nugget Way; thence along the west margin of Nugget Way South 00002'25" West 298.74 feet to the southeast corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving the west margin of Nugget Way and running along the south boundary of said Lot 4, Block 2 North 89057'35" West 183.25 feet to the southwest corner of said Lot 4, Block 2; thence North 00"02'25" East 296.50 feet to the True Point of Beginning, all in Lane County, Oregon. Date Received: OCT 1 7 2008 Original Submittal r ..' .' EXHIBIT B Permitted Exceptions 1. Easement, including the terms and provisions thereof, granted the City of Eugene, recorded December 15,1967, Reception No. 8194, Lane County Official Records. 2. Easements as shown 011 the recorded plat of Wild ish Industrial Tracts, except that portion of the railroad easement along the Westerly boundary of Block 2, vacated by City of Springfield Ordinance No. 6139, recorded April 5, 2006, Reception No. 2006-023042, Lane County Official Records. 3. Easemenis for utilities over and across the premises formerly included within the boundaries of the vacated railroad easement vacated by City of Springfield Ordinance No. 6139, .':'w.':ed April 5, 2006, Reception No: 2006-023042 Lane County Official Records, if any such exist, as reserved therein. . - \ 4. Wildish Industriiu Park Covenants, Conditions and Restrictions, including the terms and provisions thereof (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) recorded February 29,1996, Reception No. 9613731, Lane County Deeds and Records. 5: Declaration of Easement for Access, Utilities and ProVisions for Maintenance, including the terms and provisions thereof, recorded October 4, 2005, Reception No. 2005-078938, Lane County Official Records. ' .' 6. Glenwood Urban Renewal Plan, including the terms and provisions thereof, recorded December 14,2004, Reception No. 2004-095229, Lane County Deeds and Records. 7. Modified Improvement Agreement Including Notice of Potential Assessment Lien, including the terms and provisions thereof, between the City of Springfield and Wildish Industrial Development Corporation, recorded June 6, 2005, Reception No. 2005-040666, Lane County Official Records. 8. Public'utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040668, Lane County Official Records. . . 9. Public utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040669, Lane County Official Records. - 10. . Public utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040670, Lane County Official Records. Date Received: OCT 1 7 2008 Oricinal Submittal .' II. Public utility easement, including the terms and provisions thereof,. granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040671, Lane County Official Records. 12. Public utility easement, including the tenns and provisions thereof, granted the City of Springfield, recorded May 5, 2006, Reception No. 2006-031288, Lane County Official Records. . Date Received: OCT 1 7 2008 Original Submittai -' 0i ,- _ RETURN TO CASCADE TIllE CO. c(.:2'i'-tns .(L(o'y-o53<{Cs, I ~'D3'D3' JI,-'f" IloQ1'"J20~3"iX). -ff-.3'WO.....~OO....'f@ I H3.03. jZ. ... 'TOO ..' , Division of Chief Deputy Cierk Lane County Deeds and Records \ l~~D~~~ll 1111111111111111111111111111111111111111111111 $46,00 ,0811902aJ 00038521005005106/02/2006 03:51 :41 PM RPR-DEED Cnt=1 Stn=9 CASHIER 04 525.00 511.00 510.00 AFfER RECORDING. RETIJRN TO UNTIL A CHANGE IS REQUESTED, SEND ALL TAX STATEMENTS TO: Jeffrey H. Keeney, Esq. Tonkon Torp LLP 1600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204-2099 United States Bakery PO Box 14769 Portland, OR 97293-0769. BARGAIN AND SALE DEED -, STATE OF OREGON, acting by and through the State Board of Higher . Education on behalf of the University of Oregon, Grantor, conveys to UNITED STATES BAKERY, an Oregon corporation, Grantee, an undivided 51.61 percent interest in that certain real propertY located in Lane County, Oregon, and more particularly described on Exhibit A attached hereto. The true consideration for this conveyance is the conveyance of other real property pursuant to a tax-deferred exchange under Section 1033 of the Iniernal Revenue Code and other good and valuable consideration. BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, TIlE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT TIlE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. TIllS INSTRUMENT DOES NOT ALLOW USE OF TIlE PROPERTY DESCRIBED IN TIllS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACu,y llNG TIllS INSTRUMENT, TIlE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD CHECK WITH TIlE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT TIlE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. DATED this 2- day~, 2006. . --.Jl..UlL Date Received: OCT 1 7 2008 Original Submittal .. GRANTOR TIlE STATE OF OREGON, acting by and through the State Board of Higher Education on behalf of ::u/lrr~ aenJ. C. ~renzen Its r1>resii:lent STATE OF OREGON ) ) ss. COlmty of U-m,,,RLLo , ) , The foregoing instrument was acknowledged before me on the Zry:!day 0~UJu..- 2006, by Henry C. Lorenzen as President of the Board of Higher Education of the State of Oregon, acting on behalf of the" University of'Or~egon . yo-, Y7!l ~ ,'~~- Notary P lic for Orig[{n?J . My commission expires: (tJ - ;J. t.j. -.-?c" I )iJ~-:~~:?"?>""-'>-"~;~I~I~~ ;;tt- ~ I ' ,.'''1; .' PATSY MOFFIT . :~. .'.""'~~' NOTARY PUBLIC - OREGON ~~, COI~MISSION NO. 362367 L_< _ _ ,'~Y.(O~~$~!.!.XPIRE~ OCT. 2~. 20GS , . ..,~.';~::e::...;.~-,..e~c-~,l Date Received: OCT f 7 2008 Original Submittal . ., BYC- Its \ --1 r-- - Ryan .l\H <gemann Secreta,\; '1 ~ ~ STATE OF OREGON ) ) ss. County of}11~~) The foregoing instrument was acknowledged before me on the 3D day of May, 2006, by Ryan J. Hagemann as Secretary of the Board of Higher Education of the State of Oregon, acting on behalf of the University of Oregon. )'n, tP.<-L';u ~.I~. - Notary Public i;r o;lfo;- . . My commission expires: MMtA. 3r 02.00 '8 . OFFICIAL SEAL . , M DIANE SAWYER \ ./ NOTARY PUBLIC - OREGON COMMISSION NO. 379088 MY COMMISSION EXPIRES MARCH 31, 2008 000632\03006\681124 VOO2 Date Received: OCT I 7 2008 Original Submittal a. EXIDBIT A Legal Description of Parcel A . ,>;;~. Beginning at the northwest corner of Lot I, Block 2 of Wild ish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west line of said Block 2 South 00"02'25" West 723.16 feet to the southwest corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving said west line and running along the south line of said Lot 4, Block 2 South.89"57'35" East 183.25 feet to the southeast corner of said Lot 4, Block 2, said point being in the westerly margin of Nugget Way, 25.0 feet from, when measured at right angles to, the centerline ofNuggei Way; thence leaving the south line of said Lot 4, Block 2 and running along the westerly margin of Nugget Way South 00"02'25" West 166.26 feet and along the arc ofa 70.00 foot radius curve left (the chord of which bears South 14"25'45" East 34.98 feet) a distance of35.36 feet to the southeast corner of Lot 5, Block 2 of said Wildish Industrial Tracts; thence leaving the westerly margin of Nugget Way and running along the south line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest corner of said Lot 5, Block 2; thence leaving said south line and ninning South 36"06'25" West 273.98 feet to a point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly boundary the Ashland Line of the Southern Pacific Railroad right of way North 53054'33" West 148.48 feet to a point marking the intersection of the northerly boundary of Ashland Line of the Southern Pacific Railroad right of way and the east line of the e.B. Sweet D.L.e. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of the C.B. Sweet D.L.e. No. 38 North 00"10'26" East 71.66 feet to a point marking the intersection of the east line of the e.B: Sweet D.L.e. No. 38 and a line parallel to and 88.0 feet northerly of the centerline ofthe Ashland Line of the Southern Pacific Railroad right of way thence leaving the east line of said e.B. Sweet D.L.e. No. 38 and running along the north~rly line of said Ashland Line of the Southern Pacific Railroad right of way North 53"54'33" West 291.40 feet to a point which is 75.0 feet easterly of when measured at right angles to the "Y Line" of the South Pacific' Railroad; thence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" of the Southern Pacific Railroad along the arc of a 500.00 foot radius curve right (the chord of which bears North 2"52'21" West 777.55 feet) a dis'tance of890.76 feet to a point marking the intersection of the easterly margin of the "Y Line" of the Southe,rn Pacific Railroad and the south margin of County Road No. 443, said point being 30.0 feet southerly of, when measured at right angles 10, the centerline of County Road No."443 as said centerline is established in e.S.F. No. 27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and running along the southerly margin of County Road No. 443 North 89059'02" East 277.32 feet to a point marking the intersection of said southerly margin and the east line of the C.B. Sweet D.L.e. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of said C.B. Sweel D.L.C. No. 38 North 00010'26" 'East 6.77 feet to a point marking 'the intersection ofthe east line of the e.B. Sweet D.L.C. No. 38 and the south margin of County Road No. 443, said point being 30.0 feet southerly of when measured at right angles to the centerline of County Road No. 443 as said centerline is established in the plat of Wild ish Industrial Tracts as platted and recorded in Book 56, Page II of the Lane County Oregon PIal Records; thence. leaving the east line of the C.B. Sweet D.L.C. No. 38 and running along the Date Received: OCT 1 7 2008 Original Submittal . , . ~-"'. . south margin of County Road No. 443 North 64041'10" Ea~t 243.99 feet to the point of he ginning all in Lane County Oregon. . Legal Description of Parcel B Beginning at the northwest corner of Lot I, Block 2 of Wild ish Industrial Tracts as platted and recorded in Book 56, Page II of the Lane County Oregon Plat Records; then~e along the west . line of said Block 2 South 00002'25" West 426.66 feet to the True Point of Beginning; thence North 89020'24" East 183.26 feet to a point on the west margin of Nugget Way, said point being 25.00 feet from when measured at right angles to the centerline of Nugget Way; thence along the west margin of Nugget Way South 00002'25" West 298.74 feet to the southeast corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving the we~t margin of Nugget Way and running along the south boundary of said Lot 4, Block 2 North 89057'35" West 183.25 feet to the southwest corner of said Lot 4, Block 2; thence North 00002'25" East 296.50 feet to the True Point of Beginning, all in Lane County, Oregon. ". Date Received: OCT 1 7 2008 Original Submittal 1 .- After Recording Return To: I Jerry Boness . United States Bakery P.O. Box 14769 Portland, Oregon 97293 . - DECLARATION OF PROPERTY LINE ADJUSTMENT United States Bakery (DECLARANT) is the owner of two contiguous tracts of real property referred to herein as Tract I and Tract 2. DECLARANT. is setting forth this declaration to set an adjusted property line between Tract I and Tract 2 to comply ~ith Lane County Land Use Regulations and the provisions ofORS 92.190.(4). The Tract 1 property is shown as Tax Lot No.'s 1100., ] 20.0., & 380.0. on Assessor's Map No. ] 8-03-0.3-11 and'Tax Lot No. 70.0. on Assessor's Map No. 18-0.3.0.3.12 The legal description for the Tract I property prior to this adjustment is contained in Exhibit A of that certain WarrantyDeed recorded June 2, 20.0.6 Ins!. No. 20.0.6-0.38519 Lane County Oregon Official Records. The Tract 2 property is shown as Tax Lot No. 201,360.0. & 37DDon Assessor's Map No. ] 8-0.3-0.3-11 and Tax Lot No. 130.0. on Assessor's Map No. '18-0.3-0.3-14. The legal description for the Tract 2 property prior to this adjustment is colltained in Exhibit A of that certain Warranty Deed recorded June 2,20.0.6, Ins!. No. 20.0.6-0.38518 Lane County Oregon Official Records. By and through this instrument DECLARANT does hereby set forth and declare its intent 10 establish an adjusted property line between the foregoing properties as described above. The legal description which depicts the adjusted property line is described on attached Exhibit "A". Following this property line adju'stment, the description of the Tract I property is described on attached Exhibit "B". Following this property line adjustment, the description of the Tract 2 property is described on attached Exhibit "C".' . The true and actual considenition for this 'conveyance is $ NONE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.30.0., 195.301 AND ]95.30.5 TO 195.336 AND.SECTIONS 5 TO II, CHAPTER 424, OREGON LAWS 20.0.7. TIllS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT . IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULA TIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRlATE CITY OR COUNTY PLANNING DEPARTMENT TO VERlFY THAT THE UNJT OF LAND BEING TRANSFERRED]S A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.0.10. OR 2 I 5.0.10, TO VERlFY TIlE APPROVED USES OF TIlE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAlNSTF ARMING OR FOREST PRACTICES, AS pEFlNED IN ORS 30..930., AND TO INQUIRE ABOUT TIlE RlGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.30.0., 195.30.1 AND 195.30.5 TO . . 195.336 AND SECTIONS 5 TO] 1, CHAPTER 424, OREGON LAWS 20.0.7. Date Received: Page 1 of 6 OCT 1 7 2008 Original Submittal Dated this Day of ,2008 Jei-ry Boness, Chief Financial Officer Uruted States Bakery . STATE OF OREGON ). ) ss. 'County ofMultnomah ) On this day'of . . ,2008 before me, personally appeared the hereon named Jerry Boness, being known to me (or proved to me on the basis of satisfactory evidence) to be the . " . . - same person who executed the foregoing instrument in his authoriz~d capacity as Chief Financial Officer of United States Bakery'andacknowledged the same to be his voluntary act and deed. . . Witness my hand and official seal. Notary Public for Oregon My Commission Expires:' ,.... . Date Received: OCT 1 7 2008 Page 2 of 6 Original Submittal EXHIBIT "A" Legal Description ofthe adjus~ed Property Line . Beginning at the southeast corner of Lot 5, Block 2 ofWi]dish Industrial Tracts as platted and recorded in Book 56, Page] ] of the Lane County Oregon Plat Records; thence along the south line of said Lot 5,. Block 2 South 61006'00" West ]52.59 feet to the southwest corner of said Lot 5,Block 2; thence leaving said south line and running South 36006'25" West 76.66 feet to.the True Point of Beginning; thence South 36006'25" West 94.75 feet; thence along the 'arc of a 565.i9 foot radius curve left (the chord of which bears South 37035'32" East 317.56 feet) a distance of 321.89 feet; thence South 53054'33" East ]21.65 feet to a point on the northwesterly boundary of Lot 11, Block 2 of said Wildi~h Industria] Tracts' and there ending, all in Lane County Oregon. Page 3 of 6 Date Received: . OCT 1 7 2008 Original Submittal . . , EXHffiIT "B" Legal Description for the Revised Boundary .. Tract 1 Property . Assessor's Map No. 18-03-03_11 Tax Lot No.'s 1100, 1200, 3800 Assessor's Map No. 18-03-03-12 Tax ~ot No. 700 . Beginning at the northwest comer of Lot I, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page II ofthe Lane County Oregon Plat Records; thence along the west line of said Block 2 South 00002'25" West 723.] 6 feet to the southwest comer of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving said west line and running along the south line of said Lot 4, Block 2 South 89057'35" East 183.25 feet to the southeast comer of said Lot 4, Block 2, said point being in the westerly margin of Nugget Way, 25.0 feet from, when measured at right angles to, the centerline of Nugget Way; thence leaving the south line of said ~ot 4, Block 2 and running along the westerly margin of Nugget Way South 00002'25" West 166.26 feet and along the arc of a 70.00 foot radius curve left (the chprd of which bears South ]4025'45" East 34.98 feet) a distance of35.36 feet to the southeast comer of Lot 5, Block 2 of said Wildish Industrial Tracts; thence leaving the westerly margin of Nugget Way and running along the south Iin.e of said Lot 5, Block 2 South 61006,'00" West 152.59 feet to the southwest comer of said Lot 5, Block 2; thence leaving said south line and running South 36006'25"'West 76.66 feet; thence South 36006'25" West 94.75 feet; thence along the arc ofa 565.19 foot radius curve left (the chord of which bears South 3T35'32" East 317.56 feet) a distance of321.89 feet; thence South 53054'33" East 121.65 feetlo apointon the northwesterly boundary of Lot II, Block 2 of said Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot I I, Block 2 and its southwesterly projection South 36006'25" West 57.00 feet to a point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline ofthe Ashland Line ofthe Southern PaCific Railroad right of way; thence along said northerly boundary the Ashland Line ofthe Southern Pacific Railroad right of way North 53054'33" West 654.74 feet to a point marking the intersection of the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way and the east line of the C.B. Sweet D.L.C. No. 38 in Township 18 South, Range 3 West.ofthe Willamette Meridian; thence along the east line of the CB.Sweet D.L.C. No. 38 North 000]0'26" East 71.66 feet to a point marking the intersection of the east line of the C.B. Sweet D.L.C.'.No. 38 and a lineparalleJ to and 88.0 feet northerly of the centerline of the Ashland Line of the Southern Pacific Railroad right of way thence leaving the east line of said CB. Sweet D.L. C No. 38 and running along the northerly line of said Ashland Line of . the Southern Pacific Railroad right of way North 53054:33" West 291.40 feet to a point which is 75.0 feet easterly of when measured at right angles to the "Y Line" ofthe South Pacific Railroad; thence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" ofthe Southern Pacific Railroad along the arc of a 500.00 foot radius curve right (the chord of which bears North 2052'2]" West 777.55 feet) a distance of 890.76 feet to a point marking. the interseCtion of the easterly margin of the "Y Line" of the Southern Pacific Railroad and the south margin of County Road No. 443, said 'point being30.0 feet southerly of, when measured at right angles to, the centerline of County Road No. 443 as said centerline is established in CS.F. No. 27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and running along the southerly margin of County Road No. 443 North 89059'02" East 277.32 feet to a point marking the intersection of said southerly margin and the east line of the C.B. Sweet D.L.C No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of said CB.: Sweet D.L.C..No. 38 North 00010'26" East 6.77 feet to a point marking the intersection of the east line of the CB. Sweet D.L.C . Date Received: Page 4 of 6 OCT 1 7 2008 Original Submittal No.38 and the south margin of County Road No. 443, said point being 30.0 feet southerly of when measured at right angles to the centerline of County Road No. 443 as said centerline is established in .the plat of Wild ish Industrial Tracts as platted and recorded in Book 56, Page I I of the Lane County Oregon Plat Records; thence leaving the east line ofthe C.B. SWeet D.L.e. Nci. 38 and running along the south margin of County Road No. 443 North 64041'10" East 243.99 feet to the point of beginning all in Lane County Oregon. . Containing 15. I 8 acres more or less Date Received: OCT 1 7 2008 Original Submitt~'1 Page 5 of 6 EXHIBIT "C" . Legal Description for the Revised Boundary ofthe Tract 2 Property Assessor's Map No. 18-03-03-11 Tax Lot No.'s 201, 3600 & 3700 Assessor's Map No. 18-03-03-14 Tax I,-ot No. 1300 Beginning at the southeast comer of Lot 5, Block 2 of Wild ish Industrial Tracts as platted and . recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the south line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest comer of said Lot 5,Block 2; thence leaving said south line and running South 36006'25" West 76.66 feet; thence South 36006'25" West 94.75 feet; thence along the arc ofa 565.19 footradius curve left (the chord of which bears South 37035'32" East 317.56 feet) a distance of321.89 feet; thence South 53054'33" . .'.; . East 121.65 feet to a point on the northwesterly boundary of Lot 11, Block 2 of said Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot 11, Block 2 North 36006'2~" East 227.96 feet to the comer common to Lot 7, Lot 8 and Lot II in Block 2,ofsaid Wildish Industrial Tracts; thence along the common boundary between Lot 7 and Lot.8 in Block 2 of said Wildish Industrial Tracts North 29007'10" East 169.35 feet to a point on the southerly margin of Nugget Way, said point being 25.00 feet from, when measured at right angles to, the centerline of Nugget Way; thence along the southerly margin of NuggelWay North 60052'50" West 385.97 feet and along the arc of a 70.00 fooi radius curve right (the chord of, which bears North 44053'25" West .38.57 feet) a distance of39.07 feet to the point of beginning, all in Lane County, Oregon. Containing 3.74 acres more or less , . " ~ Date Received: OCT 1 7 2008 . ~ Original Submittal Page 6 of 6 RUG-18-2005 12 :.30 cade Ti tIe 541 485 0302 P.02/07 ~, . ~ TRANS TYPE SI IND INF. IND CODE 106 CODE 50 CODE CODE CODE' CODE REISSUE AMOUNT ORDER NO. 0244275 POLICY NUMBER 73106-7203.3365 DATE OF POLICY JUNE 2, 2006 AT 3:51 P.M. AMOUNT' $2,807,500.00 PREMIUM $7,989.80 OWNERS POLICY IIIIIIIIIIL SCHEDULE A Order No.: 0244275 Policy No.: 73106-7201336S Amount of Insurance: $2,807,SOO.00 Prernfum: $7,989.80 Date of Policy: JUNE 2, 2006 AT 3:S1 P.M. 1. Name of Insured: UNITED STATES BAKERY an Oregon corporatipn 2. The estate or interest in the land described or referred to in Schedule C and which is covered by.'this policy is: Fee Simple 3.' Title to the estate or interest in the land referred to herein is at Date vested in: UNITED STATES BAKERY , an Oregon corporation 4_ The land referred to in this Policy is described on the.attached Schedule "C" and made a part hereof. Date Received: OCT 1 7 2008 I)riglnai SubmittaL AUG-1B-2006 12:30 ~cade Tit ie 541 48S 0302 P.03/07 Page No.2 Order No. 0244275 Policy No. 73106-72013365 SCHEDULE B This policy does not insure against loss or damage (and the 'Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: Special Exceptions: 1. Easement, including the terms and provisions thereof, granted the City of Eugene. recorded December 15', 1967. Reception No. 8194, Lane County Official "Records. 2. Easements as shown on the recorded plat of Wildish Industrial Tracts, except that portion of the railroad easement along the Westerly boun~ary of Block 2, vacated by City of Springfield Ordinance No. 6139, recorded April 5, 2006. Reception No. 2006- 023042, Lane Ccunty.Official Records. 3. Easements for utilities over and across the premises formerly included within the boundaries of the vacated railroad easement vacation by City of Springfield 'Ordinance No. 6139. recorded AprilS, 2006" Reception No. 2006-023042, Lane County Official Records, if any 5u~h exist, as reserved therein. 4. Wildish Industrial Park Covenants, Conditions and Restrictions, including the terms and provisions thereof (but omitting coven~nts or restrictions. if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, -disability. handicap, national origin, ancestry, or source of income, as set forth in appliCable state or federal laws, except to the extent that said covenant or restriction is permitted by ~pplicable law) recorded February 29, 1996. Reception No. 961373~. Lane County Deeds and Records. 5. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including the terms and provisions thereof, recorded October 4, 2005, Reception No. 200S-078938, Lane County Official Records. 6. Glenwood Urban Renewal Plan, including the terms and provisions thereof. recorded December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records. '7. Modified rmprovement Agreement Including Notice of Potential Assessment Lien. inCluding the terms and proviSions thereof, between the City of Spr~ngfield and Wildish Industrial Development Corporation. record~d June 6, 2005. Reception No. 2005-040666, Lane County Official Records. 8. Public utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6. 2005, Recep~ion No. 2005-040668, Lane County Official R~cords. 9. Public ut~lity easement, including the terms and provisions thereof. granted the City of Springfield. recorded June 6, 2005. Reception No. 2005-040669, Lane County Official Records". 10. Public utility easement. including the terms and provisions thereof. granted the City of Springfield. recorded June 6, 2005, Reception No. 2005-040670, Lane County Official Records. 11. Public utility easement, including the terms and provisions thereof, granted the .City of Springfield. recorded June 6, 2005, Recept,ion No. 2005-040671. Lane: County Official Records. Date Received: OCT 1 7 2008 . Original Submittal AUG-18-2006 12:31 'cade Ti t Ie. 541 485 0302 P.04/07 Page No.3 Order No. 0244275 Policy No. 73106-72013365 12. Public utility easement, including the terms and provisions thereof, granted to the City of Springfield, recorded February 14, 2006, Reception No. 2006-009942, Lane Count~ Official Records." 13. Declaration of Easement for Access, Utilities and provisions for Maintenance, including the terms and provisions thereof, recorded October 4, 2005, Reception No. 2005-078936, Lane County Official Records. 14. Public utility easement, including the terms and provisions thereof, granted to the City of Springfield, recorded May 5, 2005,. Recept.ion No. 2005-031288, Lane County .Official Records. 15. Improvements located on the land and further subject to all right, title and interest of the owner of the improvements. 16. Rail Acces~ Easement, including the terms and provisions thereof, between Wildish Industrial Development Corporation, an Oregon corporation, and United States BakerY, an Oregon corporation; recorded June 2, 2006, Reception No. 2006-038523, Lane County Deeds and Records. The policy has been modified by the following endorsements: 116.1 - Survey Endorsement END OF S~nLUu4B B Date Received: OCT 1 7 2008 Original Submittal AUG-18-2006 12:31 cade Title 541 485 0302 P.05/07 Page No.4 Order No. 0244275 Policy No. 73106-72013365 s.....u~........B .C. The land referred to in the POlicy is described as follows: Land only described as follows: PARCEL A: Beginning at the Northwest 'corner of Lot 1, Block 2 of wildish Industrial Tracts as platted and recorded in"Book 56, Page. 11 of the Lane County Oregon Plat Records; thence along the West line of said Block 2 South 000 02' 25" West 723.16 feet to the Southwest corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving said West line and running along the South ,line of said Lot ,4, Block 2, South 890 57' 35- East 183.25 feet to the Southeast corner of said Lot 4, Block 2, said point being in the Westerly margin of Nugget Way, 25.0 feet from, when measured at right angles to, the centerline of Nugget Way; thence leaving the South line of said Lot 4, Block 2 and running along the Wes~erly margin of Nugget Way South 000 02' 25- West 166.26 feet and along th~ arc of a 70.00 ~oot radius curve left (the chord of which bears South 140 25' 45" East -34.98 feet) a distance of- 35.36 feet to the Southeast co'rner of Lot 5, Block 2 of said wildish Industrial Tr~cts; thence leaving the' westerly margin of Nugget Way and running along the South line of said Lot 5, Block 2 South 610 06' 00. West 152.59 feet to the Southwest corner of said Lot 5, Block 2; thence leaving said South line and running South 360 06' 25" West 273.98 feet to a point on the Northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet Northerly of. when measured at right angles to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said Northerly ~oundary of the Ashland Line of the Southern Pacific Railroad right of way North 530 54' 33" West 148.48 ~~eet to a point marking the intersection of the Nort~erly boundary of Ashland. Line of 'the ~outhern pacific Railroad right of way and the East;. -line _ of the C .B. Sweet. D.L.C. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the East line of the C.B. Sweet D.L.C. No. 38 North 00. 10' 26" East.71.66 feet to a point marking the intersection of the East line of the C.B. Sweet D.L.C. No. 38 and a line parallel to and 88.0 feet Northerly of the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence leaving the East line of said C.B. Sweet D.L.C._ No. 38 and running along the Northerly line of said Ashland Line of the Southern ~acific Railroad right of way North .530 54' 33" West 291.40 feet to a point which is 75.0 feet Easterly ~f when measured at right angles to the .Y LineN of the South Pacific Railroad; thence along a line parallel 'to and 75.0 feet Easterly of-the centerline of the ~Y LineN of the Southern Pacific Railroad along the arc of a 500.00 ~oot radius curve right (the chord of which bears North 20 Sf' 2lN West 777.55 feet) a distance of 890.76 feet to a point marking the intersection of the Easterly margin of the .Y LineN of the Southern Pacific Railroad and the South margin of County Road No. 443" said point being 30. P feet Southerly of, when measured at. right angles to. the centerline of County Road No. 443 as said centerline is established in C.S.F. No. 27798; thence leaving the' Easterly margin of the "Y Line" of _t.he Southern Pacific Railroad and running along the Southerly margin of County: Road No: 443 North 890 59' 02N East 277.32 feet to a point mar~in9 t.he intersection of said -Southerly margin and the East line of the C.B. Sweet D.L.C. No. _38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along-the East line of said C.B. Sweet D.L.C. No. 38 North 000 10' 26" East 6.77 feet to- a point marking the intersection of the East line of the C.B. Sweet D.L.C. No. 38 and the-South margin of County Road No. 443, said point-being 30.0 feet Southerly of when measured at right angles to the centerline -of County Road No. 443 as said centerline is established in the Plat of Wildish Industrial Tractsi as 'platted and recorded in ~ook 56. Page 11 of the Lane County Oregon Plat Records; thence leaving the East line of the C.B. Sweet D.L.C. No. 38 and running along the South margin of County Road No. 443 North 640 41' lOW East 243.99 feet to the point of ?eg~nn~ng all ~n Lane county Oregon. continued- Date Received: OCT I 7 2008 Original Submittal AUG-18-2006 12:31 cade Title 541 485 0302 P.06/07 Page No.5 Order No. 0244275 Policy No. 73106-72013365 Property Description continued- PARCEL s: Beginning at Northwest corner of Lot 1, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the. West line of said Block 2 South 000 02' 25" West 426.66 feet to the true point'of beginning; thence North" 890 20' 24" East 163.26 feet to a point on the West margin of Nugget Way. said point being 25.00 feet from when measured at right angles to the c~nterline of Nugget Way; thence a.long the West margin of Nugget Way South 000 02' 25" West 298.74.feet to the-Southeast corner of Lot 4. Block 2 of said Wildish Industrial Tracts; thence leaving the West margin of Nugget Way and running along the South boundary of said Lot. 4, Block 2 North 890 57' 35a West ~83.25 feet to the Southwest corner of said Lot 4, Block 2; thence North 000 02' 25" East 296.50 feet to the true point of beginning, all in Lane County, Oreg~n. Excluding from said Parcels A and B, buildings, structures and all other improvements located on and permanently annexed to said land. PARCEL C, Beginning at the Southeast corner of Lot 5, Block 2 of Wildish Industrial Tracts as platted and recorded in Book' 56, Page 11 of the Lane County Oregon Plat Records; thence along the South line of said Lot 5, Block 2 South 610 ,06' 00" West 152.59 feet to the Southwest corner of said Lot 5, Block 2; thence lea~ing said South line and running South 360 '06' 25" West 273.98 feet to a point on the Northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way" said point being 30.0 feet Northerly of, when measured at right angles to the centerline of the" Ashland Line of the Southern Pacific Railroad right of way; thence along said Northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way South 530 54' 33. East 506.26 feet to a point marking the intersection of the Northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way and the Southwesterly projection of the N~rtherly boundary of Lot II, Block 2 of said Wildish Industrial Tracts; thence -leaving_the Northerly boundary of said railroad right of way and running along the Northerly boundary of said Lot 11, Block 2 North 360 06' 25" East 284.96"feet to the corner common to Lot 7, Lot 8 and Lot 11 in Block 2 of said Wildish Industrial Tracts; 'thence'along the common boundary between. Lot 7 and Lot 8 in Block 2 of said Wildish Industrial Tracts North 290 07' 10" East 169.35 feet to.a point on the Southerly margin of Nugget Way, said point being 25.00'feet from, when measured at right angles to, the centerline of Nugg~t Way; thence along the .southerly margin of Nugget Way North 600 52' son West 385.97 feet and along the arc af a" 70.00 foot radius curve right (the chord of which bears North 440' 53' 25w West 38.57 feet) a distance of 39.07.feet to the point of beginning, all in Lane County, Oregon. Excluding from said" Parcel C. buildings, structures and all other improvements located on and permanently annexed to said land. Date Received: OCT 1 7 2008 Original Submittal AUG-18-2006 12:32 o:ade Ti tIe 541 485 0302 P.07/07 Page No.6 Order No. 0244275 Policy No. 73106-720\3365 . SURVEY ENDORSEMENT Attached to Policy No. 73-106-720\3365 Issued by CHICAGO TITLE INSURANCE COMPANY OF OREGON Dated: JUNE 2, 2006 AT 3 :51 PM Premium: $50.00 The Company insures the Insured that: I. The land is the same as that delineated on the plat of a survey made by Poage Engineering & Surveying Inc., Jonathan A. Oakes, Surveyor, revised on April II, 2006, Drawing No. 3144, which is attached hereto and made a part hereof. The Company hereby insures the Insured against loss which the insured shall sustain in the event that the assurances of the Company herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and . any prior endorsements, nor ooes it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY OF OREGON Endorsement No.116.! Date Received: OCT 1 7 2008 Original Submittal TOTAL P.07