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Home My WebLink AboutDeed APPLICANT 6/13/2007 \' ,,\1 '.."\'.1.... '....J, --.. ~ 03- II J~ /IOD,4t /2CJ1) J 41' j(,Y'i). d 3W,..If a<!rJo, off'lfrNO ?'();'/2A'700 , PRE-SUBMITTAL REC'D JUN 1 3 2007 AFTER RECORDING. RETURN TO: UNTIL A CHANGE IS REQUESTED, SEND ALT_, T AX 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 corporation, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon corporation, 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 ofa 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 under Section 1031 of the Internal Revenue Code. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND RE(JULA TIONS. BEFORE SIGNING OR ACu:'.r Ill-J'G THlS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE 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 THE RIGHTS OF NETGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. DATED this 1st day of June, 2006. GRANTOR: WILDISH INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon corporation livision of Chief Depuly Clerk' .ane Counly Deeds and Records 2006.0J~519 Bv Q~ /7 //i iiL! Zfies A. Wildish, President . , 1111111'''111111111111111111111 111111//111/1 $51.00 0:119002006003851900600;4 06/02/200603:51:41 PM tPR-DEED Cnl=1 Sln=9 CASHIER 04 :30.00 $11.00 $10.00 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. . OOlaAlSEAl UNOA L HSIIE \ ; NOTARY PIIBU:. 0Ral0Il COMMISSION NO. 391459 MY COMMISSlON fXPiIIllllCl1lllBl29. 2IlO9 ~d.JP{~ - I . Notary Public for Oregon My commission expires: I Llj Z ~/ t:? q 000632\00194\681021 VOOl EAnW.r A Legal Description of Parcel A Be~g at the northwest comer of Lot 1, Block 2'ofWildish 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 00002'25" West 723.16 feet to the southwest corner of Lot 4, Block 2 of sind Wildish Industrial Tracts; thence leaving said west line and running along the south line of~aid Lot 4, Block 2 South 89"5T35" East 183.25 feet to the southeast corner of said Lot 4, Bl~ck 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, Blo;ck 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" I Eas,t 34.98 feet) a distance of35.36 feet to the southeast corner of Lot 5, Block 2 of said Wildish Indimrial 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 running South 36006'25" West 273.98 feet to a poiPt on the northerly boundary of the Ashiand 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 / thefAshland Line of the Southern Pacific Railroad right of way; thence along said northerly bo~dary the Ashland Line of the Southern Pacific Railroad right of way North 53054'33" West 14~.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 To~hip 18 South, Range 3 West of the Willamette Meridian; thence along the east line of the C.B. Sweet DoL.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.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 Lin'e 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" of the South Pacific Railroad; thence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" of thel Southern Pacific Railroad along the arc of a 500.00 foot radius curve right (the chl)rd of which bears North 2052'21" West 777.55 feet) a distance of 890.76 feet to a point marking the int~rsection 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 C.S.F. No. 27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and runtring along the southerly margin of County Road No. 443 North 89"59'02" East 277.32 feet to. a pbint 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 C.B. Sweet D.L.C. No. 38 North 00010'26" East 6.77 feet to a point marking the' inte~ection of the east line of the C.B. Sweet D.L.e No. 38 and the south margin of County Ro~d No. 443, said point being 30.0 feet southerly of when measured at right angles to the ceriterline of County Road No. 443 as said centerline is established in the plat ofWildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Re~ords; thence leaving the east line of the C.B. Sweet D.L~C. No. 38 and running along the sou~ margin of County Road No. 443 North 64041'10" East 243.99 feet to the point of beginning all jn Lane County Oregon. Legal Description of Parcel B Be~g at the northwest corner of Lot 1, 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 'lin~ of said Block 2 South 00002'25" West 426.66 feet to the True Point of Beginning; thence Noith 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 angles to the centerline of Nugget Way; thence along the we~ margin of Nugget Way South 00002'25" West 298.74 feet to the southeast corner of Lot 4, Bl~k 2 of Said Wildish Industrial Tracts; thence leaving the west margin of Nugget Way and runpmg 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 Pofut of Beginning, all in Lane County, Or~gon. , . EMuDll 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 on the recorded plat ofWildish 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. i Easements 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, recorded April 5, 2006, R"~"y;;on No. 2006-023042 Lane County Official Records, if any such exist, as reserved therein. 4. Wildish Industrial 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, fanrilial 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 Ay",,=ent 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. . ' .. 11. 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 terms and provisions thereof, granted the City of Springfield, recorded May 5, 2006, Reception No. 2006-031288, Lane County Official Records. " ~