HomeMy WebLinkAboutCorrespondence APPLICANT 11/21/2005
~
Since 1935
November 21,2005
Ms. Liz Miller
Urban Planning Division
City of Springfield
225 Fifth Street
Springfield, OR 97477
,
Dear Ms. Miller:
SUBJECT: Williams Bakery Property Line Adjustments # I and 2
Case Nos. SUB2005-00024 and SUB2005-25
Enclosed please find copies of the following recorded documents:
I. Declaration of Property Line Adjustment pertaining to Map No. 18-03-03-1- I Tax
Lots 1200 and 3600
2. Survey map File No. 39532 pertaining to Map No. 18-03-03-1-1 Tax Lots 1200
and 3600
3. Declaration of Easement for Access, Utilities, and Provisions for Maintenance
pertaining to the 475-foot extension of Newman Street serving Map No. 18-03-
03-1-1 Tax Lot 1200
4. Declaration of Property Line Adjustment pertaining to Map No. 18-03-03-1-1 Tax
Lots 4000 and 4 I 00
5. Survey map File No. 39504 pertaining to Map No. 18-03-03-1-1 Tax Lots 4000
and 4100
We look forward to receiving a Letter of Completion regarding this activity at your
earliest convenience.
Thank you.
Very truly yours,
WiIdish Industrial elopment Corporation
Randall S. Hledik
Manager
P.O. Box 7428 Eugene, OR 97401 I 3600 Wildish Lane Eugene, OR 97408
Telephone: 541 485-1700 Fax: 541 683-7722 www.wildishr.om
An Equal Opporlunily Employer
(I.) .A..-
VI. f"-
Division of Chl.~ ~epuly Clerk
Lane Counly Dee~ ,nd Records
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$41.00
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RPR-DEED Cnl=l Sln=6 CASHIER 07
$20.00 $11.00 $10.00
DECLARATION OF PROPERTY LINE ADJUSTMENT
Wildish Industrial Development Corporation (WILDISH) is the owner of two contiguous tracts of real
property referred to herein as Tract I and Tract 2. WILDISH is setting forth this declaration to set an
adjusted boundary line between Tract I and Tract 2 to comply with Lane County Land Use Regulations and
the provisions of ORS 92.190(4). This property line adjustment received City od Springfield Planning
Approval under Planning File No. .SUB2005-00024
The Tract 1 property is shown on Assessor's Map No. 18-03-03-1-1 as Tax' Lot No.
1200 The legal description for the Tract I' property prior to this adjustment is contained'
in Exhibit C of a Property Line Adjustment Deed recorded February 15, 200 I ReceptiOli
No. 2001-008432 Lane County Oregon Official Records.
The Tract 2 property is.shown on Assessor's Map No. 18-03-03-1-1 as Tax Lot No.
3600. The legal description for the Tract 2 property prior to this adjustment is contained
in a warranty deed recorded August 31,1951 in Book 444, Page 419 of the Lane County
Oregon Deeds and Records.
By and through this instrument WILDISHdoes hereby setforth and declare its intent to 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 adjustment, 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 consideration for this conveyance is $ NONE '.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRlBED IN THIS
INSTRUMENTINVIOLA TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRlNG FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRlATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERlFY USES.
DECLARATION OF PROPERTY LINE ADJUSTMENT
Wildish Industri~ll)evelopment COJ;1Joration
After recording return to: Wild ish Industrial Develonment Comoration p:n Box 7428 EUl!ene. Orellon 97401
Until a change is requested, mail all tax statements to: Wild ish Industrial Develooment Comoration
P.O. Box 7428 Euqene OR 97401
(Declarant)
Ja sA. Wildish, President
. dish Industrial Development Corporation
STATE OF OREGON )
) ss.
County of Lane )
On / q ,2005, personally appeared bef~re me the above named James A. Wild ish,
Preside t, Wildish Industrial Development Corporation and acknowledged the foregoing instrument to be
his voluntary act and deed. .
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OffiCIAL SEAL
liNDA L HENSE
NOTARYPUBUC-OREGON ,~
COMMISSION NO. 351163 i'
Mf COMMISSION ElIPIRES OCTOBER 29, :m;,;
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.Witness my hand and official seal.
j~ulr1/J-M,. ~
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.Notary Public for Oregon
.My Commission Expires: I'lJl.:z~/ o~
EXHIBIT "A"
LEGAL DESCRIPTION
OF
REVISED BOUNDARY LINE
Beginning at the most westerly comer of Lot 6, Block 2 of Wildish Industrial Tracts as platted
and recorded in Book, 56, Page I I of the Lane County Oregon Plat Records; thence South
36'06'25" West 273.98 feet toa 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
and there ending, all in Lane County, Oregon
EXHIBIT "B"
LEGAL DESCRIPTION
REVISED BOUNDARY OF ASSESSOR'S MAP No. 18-03-03-1-1 TAX LOT 1200
Beginning at the northwest comer of Lot. I, Block 2 of Wildish Industrial Tracts as platted and
recorded in Book 56, Page I I of the Lane County Oregon Plat Records; thence along the west line
of said Block 2 South 00.002'25" West 512.00 fe~t to the True Point of Beginning; thence
continuing along said west line of Block 2 South 00~02'25" West 281.96 feet: and along the arc of
a 382.24 foot radius curve left (the chord of which bears South 16000'50" East 211.41 feet) a
distance of 214.20 feet to the most westerly comer of Lot 6, Block 2 of said Wildish Industrial
Tracts; thence leaving the west line of said Block 2 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 being30.0 feet northerly of, whenmeasured'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 ofthe 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 ofthe Southern Pacific
Railroad right otway and the east line of the C.B. SweetD.L.C. No. 38 in Township 18 South,
Range 3 West ofthe Willamette Meridian; thence along the east line of the C.B.Sweet D.L.C. No.
38 North 0001 0'26"East 619.22 feet to a point which bears North 89057'35" West from the true point
of beginning; thence South 89057'35" East22 1.44 feet to the True Point of Beginning, all in Lane
County, Oregon.
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EXHIBIT "C"
LEGAL DESCRIPTION
REVISED BOUNDARY OF ASSESSOR'S MAP No. 18-04-03-1-1 TAX LOT 3600
Beginning at the most westerly comer of Lot 6, Block 2 of Wild ish Industrial Tracts as platted and
recorded inBook 56, Page II of the Lane County Oregon Plat Records; thence South 36006'25"
West 273.98 feet to a point on the northerly boundary ofthe 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
Ashland Line of the Southern Pacific Railroad right of way and the southwesterly projection of the
northwesterly boundary of Lot 11, Block 2 of said Wi1dish Industrial Tracts; thence leaving the
northerly boundary of said railroad right of way and running along the northwesterly boundary of
said Lot I I, Block 2 North 36006'25" East 284.96 feet to the comer cOrrullon to Lot 7, Lot 8 and Lot
I I in Block 2 of said Wildish Industrial Tracts; thence along the southerly boundary of Lot 7, Block
2 and Lot 6, Block 2 of said Wildish Industrial Tr~cts North 60052'50" West 324.46 feet, North
52042'35" West 50.00 feet and along the arc ofa 382.24 foot radius curve right (the chord of which
bears North 42023'20" West 136.96 feet) a distance of 137.71 feet to the point of beginning, all in
Lane County, Oregon
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NB II' SEC. 3 T 18 S, I 3 W' W.M.
CLBNWOOD, LANB COUNTY, OIBCON
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o SET 5/11' . 30' ReBAR Willi A ffiLOW
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DATA OF RECQRD prR REF. J
OAT1I Of RECORD PER REF. NO. I
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MEASURED OIMENSIOMS EQUAL RECORD
DIMENSIONS UNlESS OTtf.RWISr SHOWN.
I~PB8BNCBB
I. C.5.F. No. 36926 OAKE S 2001
2. DfClARAnON OF PROPfRIY UN[ AOJUSrWE,NI
RrCORolD FEBRUARY IS, 2001
UOClNfNT fkl. 2001-00110132
LANE CO~TY OREGON OFFICIAl' RtCORDS.
3. WlDISH INDUSTRIAL TRACIS
BOO!< 56, PAce II
LANE COUNTY OREGON PLAT ~COROS
ADDITIONAL COURSBS
stClENt 8lAR1<C D1STANCl RAIlIJ5 Ai. onT.
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PROF.E:SSIONAl
LAND SURVEYOR
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, JONA.THA~A. OAKES
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\...ILCUlAfrD POSITIOH
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C.B. swtEl DLC. No. 38 '
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L PRlVAtr JOINl ACClSS EASEMENT At<<) MAWTENANCE:
[ASEUrNT CRrAUDUNOEA SEPARATE DOClJMENT
RECORoeD OCTOBER <4, 2005 DOC, WOo 2005-011936
lANE COUNTY OREGON OFF'~ RECORDS
1."Il1O." II..., NO. .....,.1.1 tL ..... u.. . .Nt
",onEll! If' O&:ISIGN JET OSOC
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FlMI CflHTDENTAl ttnAl 14: W
NAI8ATIVa
THIS SURVEY WAS PERfORMED AT THt R(OU[ST or lHE OWNER TO AD.RJST A
BOUNDARY' LINE BETWEEN IWO CONTIGUOUS PROPERTIES !.tIDER COMMON
OWNERSHIP. TI-I: PROP[RTY lINE ADJUST14MT RECEIVED PREl.!WlAIlY
PLANNiNG APPROVAl F'AOIlt THE CITY Of SPRINCrno UNDER CASE NO.
SUB200S,0001'4, TlI: BASIS OF BEARING IS OErNO BY TH( wt:ST BOU~ARY Of
BLOCK 2 or WllDlSH N1USTItIAL TRACTS AS PlATTED AND RECORDED IN BOOK
56. PAG( U O~THE LAN(.COlRlTY OREGON PlAT RECORDS. T~ WE-S1
BOUNOARY Of BlOCK 2 WAS ESTABLlSHfO BY 1i00OWG THE. POSITION Of THE"
fOUHD 5/a' 'IRON,ROO RUERENCING THe: NORTHWEST CORNU OF LOT ill BLOCK
2 At.O T~ tiNE EST ABllSI-ED BETwHN IHf LAST DESCRIBED l.IotMa: r AN>
THe FOUND 5/8' IRON ROD WARIlJNC THE POINT Of C\J'RVArUR[ ON THE. WEST
BOLt/OARY or Lor 5, BLOCK 2 PER C.SJ. NO. 36926. C.S.F. NO. J6926 WAS A
SURVEY PERF DRMED BY THIS FIRMIN 2001 \VHICH ESTABlISHtO 1ft[
BOlfCARIES or THE. SUBJECT PROPERTIES INVOLVED IN THIS CURREN I
PROPERTY LIM: AO.NSTl4NT. IN C.S.F. NO. 3e926 UONtJIl[NTS ustD TO D(flN(
THf BASIS or BEARING USED I4REON WERE RESTABLISHED FROM ORIGINAL
NONVt.AE.NIS WITHIN THE PLAT OF WllDISH INDUSTRIAl TRACTS. DAlAOf'
RECORD PER THE PlAT Of wnOtSH INDUSTRIAL TRACtS. IN CONJUNCTION WITH
C.S.f. NO. 36926. WAS HELO TO DEfINE THE BOUNOARlf.S OF THI. SUSJECT
PROPERTI(S FOR TH( PURPOSES OF THIS SURVEY, WITH THE EXTERIOR
BOld)ARI(S so OUINtO flit COWON BOUNOARY lK WAS THE"N AOJUSTFD
AT THE OlRtCTION OF THE OWNER AND IN ACCORDANCE WITH THE APPRovtO
PRELIMINARY PLAN.
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RPR EStlT C l 2 10/04/200502:06:49 PM
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$5.00 $25.00 $10.00 $11.00
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DECLARATION OF EASEMENT FOR ACCESS, UTILITIES, AND PROVISIONS
FOR MAINTENANCE
J
RECITALS:
A. Wildish Industrial Development Corporation (Declarant) is the owner of two contiguous
tracts of real property referred to herein as Tract 1 and Tract 2 and being more
particularly described as follows:
See Attached Exhibit "A'
B. The Tract 1 property does not have frontage on a public road and is currently served by
a private access easement and maintenance agreement recorded March 7, 2001
Document No. 2001-012394 Lane County Oregon Official Re.cords
C. Wildish Industrial Development Corporation was the Declarant in the aforementioned
access easement and maintenance agreement and is the current owner of the
properties served and burdened by the aforementioned easement.
D.' By and through this instrument the Declarant does hereby intend to modify the location
of the easement area serving the Tract 1 property to a position described on Exhibit B
attached. The purpose of this instrument is to create a mutual access and utility
easement and a maintenance agreement over the area depicted on Exhibit B attached
hereto. The easement granted by this instrument is intended to be appurtenant to and
benefit both Tract 1 and Tract 2.
E. Upon recording of this' instrument in the public records the Declarant does hereby
extinguish all rights and privileges granted in that certain access easement and
maintenance agreement recorded March 7, 2001, Document No. 2001-012394 Lane
County Oregon official Records
DECLARATION OF EASEMENT:
1. Easements Created. Declarant hereby creates and grants the following perpetual,
nonexclusive easement as described on "Exhibit B" attached over and across the Tract
2 property for the benefit of the Tract 1 property.
AFTER RECORDING RETURN TO:
Wildish Industrial Development Corp.
P.O. Box 7428
Eugene, OR 9740 I
, .~.
2. Easement Provisions. The terms of these easements are as follows:
2.1 Puroose. The easement is for vehicular and pedestrian access, driveway use,
utilities, and maintenance of the driveway and utilities. This easement is .
intended to benefit both the Tract 1 and Tract 2 properties. The use of this
easement shall be on a regular, continuous, nonexclusive, non-priority basis,
benefitting the current owner and its successors, assigns, lessees, mortgagees,
invitees, guests, customers, agents and employees. These easement rights
shall not lapse due to failure to use the easements on a continuous basis.
2.2 Use of Burdened Prooertv. The owner or occupier of said Tract 2 shall have the
right to use their property, including the area described in the easement, for any
purpose provided the owner or occupier does not interfere with the reasonable
use of the easement as granted by this instrument.
No building, shrub, tree or other physical impediment shall be placed within the
easement area by any person in such a manner as to interfere with or preclude
its use as access for Tract 1 and Tract 2..
2.3 Private Grant. The easement created by this instrument does not constitute a
dedication or grant for public use.
2.4 Maintenance and Reoairs. The cost of normal maintenance or repair of the
access roadway easement shall be apportioned equally between the owners of
Tract 1 and Tract 2. The cost for exceptional or unusual maintenance or repair
occasioned solely by the actions of the owner or occupier of one tract only, shall
be borne exclusively by the owner or occupier necessitating the repair or
maintenance. The owner (or the owners agent) of each Tract shall have the
perpetual right to enter upon the easement area at any reasonable time to .
maintain and/or repair underground utilities on the condition that the property
disturbed by the maintenance and/or repair shall be returned to the same
. condition as existed prior to such maintenance and/or repair.
2.5 Real Prooertv Taxes. Real property taxes shall be paid by the fee title holder.
2.6 Matters of Record. The easements created by this instrument are subject to all
liens, encumbrances, easements, reservations, restrictions, covenants and
conditions of record.
3. Enforcement. If any suit, action, or other proceeding or appeal therefrom, is instituted to
enforce, compel or clarify any right or obligation created in this instrument, the prevailing
party shall be entitled to receive from the adverse party, in addition to costs and
disbursement, an award of reasonable attorney fees to be set by the trial or appellate
court.
DECLARATION OF EASEMENTS FOR ACCESS, DRIVEWAY AND PARKING,
AND MAINTENANCE - 2
4. Successors in Interest. Recordation. The provisions of this instrument touch and
concern, and relate to the use of Parcels 1 and 2 and are intended to be covenants and
restrictions running with the land. This document shall be recorded in the Real Property
Records of Lane County, Oregon. All the provisions of this instrument, including the
benefits and burdens, are binding on and inure to the heirs, successors, assigns,
transferees, and personal representatives of all parties who own either Tract 1 or Tract
2.
5. No Meroer. The easements created by this instrument shall remain separate from the
fee title, so it may run with the land and benefit the heirs, successors and assigns of the
owners of the benefitted properties. This instrument and agreements herein are not
subject to the doctrine of merger.
6. Construction. The recitals and all exhibits attached to this instrument are incorporated
herein by this reference. Whenever required by the context, the singular shall include
the plural, and the masculine shall include the feminine, and vice versa.
Dated this 1..k.. day of J../ ~ 2005.
DECLARANT:
n~JA a /)j~JLJ
'ltftC: A. Wildish, President
tY'lldish Industrial Development Corp.
STATE OF OREGON)
) ss.
County of Lane ) .
On ~ h~ / q , 2005, personally appeared before me the above
n med James A. Wildish, President, Wildish Industrial Development Corporation
and acknowledged the foregoing instrument to be his voluntary act and deed.
Witness my hand and official seal.
!u4luJ.Jl:JJe-c--<-J
Notary Public for Oregon
My Commission Expires: 10 /Zif J O.s--
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/ OffiCIAl SEAL J
! UNDA L HENSE
;', J NOTARY PUBUC-OREGON
; ..... i. COMMISSI.0.NNO.351183
I Mf COMMISSION EX!'IRES OCTOBER 29, zoo;
(--------_.._----~;
DECLARA nON OF EASEMENTS FOR ACCESS, DRIVEWAY AND PARKING,
AND MAINTENANCE - :i
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Exhibit "A"
Tract 1
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 00'02'25" West 512.00 feet to the True Point of Beginning; thence
continuing along said west line of Block 2 South 00'02'25" West 281.96 feet: and along the arc
of a 382.24 foot radius curve left (the chord of which bears South 16'00'50" East 211.41 feet) a
distance of 214.20 feet to the most westerly corner of Lot 6, Block 2 of said Wildish Industrial
Tracts; thence leaving the west line of said Block i and running 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 of the Ashland Line of the Southern Pacific Railroad right of way North
53'54'33" 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 Willamette Meridian; thence along
the east line of the C.B.Sweet D.L.C. No. 38 North 00'10'26" East 619.22 feet to a point which
bears North 89'57'35" West from the true point of beginning; thence South 89'57'35" East
221.44 feet to the True Point of Beginning, all in Lane County, Oregon.
Tract 2
Beginning at the most westerly corner of Lot 6, Block 2 of Wildish Industrial Tracts as platted
and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence 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 of the Ashland Line of the Southern Pacific Railroad
right of way South 53'54'33" 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 northwesterly 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 northwesterly boundary of said Lot 11, Block 2 North 36'06'25" 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 southerly boundary of Lot 7, Block.2 and Lot 6, Block 2 of said Wildish
Industrial Tracts North 60'52'50" West 324.46 feet, North 52'42'35" West 50.00 feet and along
the arc of a 382.24 foot radius curve right ( the chord of which bears North 42'23'20" West
136.96 feet) a distance of 137.71 feet to the point of beginning, all in Lane County, Oregon
DECLARA nON OF EASEMENTS FOR ACCESS, DRIYEW A Y AND PARKING,
AND MAINTENANCE - 4
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Exhibit u8'-'
Beginning at the most westerly corner of Lot 6, Block 2 of Wildish Industrial Tracts as platted
and recorded in Book 56, Page 11 of the Lane COLJnty Oregon Plat Records; thence 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, said point being the True Point of Beginnirg; thence along the northerly boundary of the
Ashland Line of the Southern Pacific Railroad right' of way South 53'54'33" East 506.26 feet to
a point marking the intersection of the northerly ~oundary of the Ashland Line of the Southern
Pacific Railroad right of way and the southwesterlY projection of the northwesterly boundary of
Lot 11, Block 2 of said Wi/dish Industrial Tracts; thence leaving the northerly boundary of said
railroad right of way and running along the southWesterly projection of the northwesterly
boundary of said Lot 11, Block 2 North 36006'25,,1 East 36.00 feet; thence North 53054'33" West
506.26 feet to a point which bears North 36'06'25" East from the true point of beginning; thence
. South 36'06'25" West 36.00 feet to the True Point of Beginning, all in Lane County, Oregon
DECLARATION OF EASEMENTS FOR ACCESS, DRIVEWAY AND PARKING,
AND MAINTENANCE - 5