HomeMy WebLinkAboutDeed APPLICANT 8/2/2007
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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 INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon
cv'pv,,,lion, Grantor, conveys and v,,,,",,,,,..., to UNITED STATES BAKERY, an Oregon
cv'pv".;':on, 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-d"f,;,u.k exchange under Section 1033 of the Internal Revenue Code, and (ii) paid to a
qualified accommodator as part ofa 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 REGULATIONS. BEFORE SIGNING OR ACCrr l11..[G TillS
INSTRUMENT, THE PERSON ACQUlRlNG FEE TITLE TO THE PRvrt=TY 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 NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
197.352.
DATED this 1st day of June, 2006.
GRANTOR:
wiLDISH INDUSTRIAL DEVELOPMENT
CORPORATION, an Oregon corporation
lI,iViSion of Chief Deputy Clerk
_...,e Counly Deeds and Records
2006-038519
By Q.~ /:l /Il iLl
~s A. WiIdish, President
I,,,, III II'" III II I I III 111111 11"11 n II 11111111 $51.00
0811~~'~~Q~a38519006J0_~
I 06/02/200603:51:41 PM
tPR-DEED Cnl=1 Sln=9 CASHIER 04
;30.00 $11.00 $10.00
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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 ofWildish Industrial Development Cv'lMatiOn, an
Oregon corporation.
. lfRaALSfAI.
UNDA L HElIE
NOTARY l'IIIJC.lJl8D
COMMISSION NO. 3!ll4li!l
MY l"''''''''''' EXPtRel 0l:IlJBfR 29. 2IlO9
~d.JP{~
NotirY Public for oregon
My commission expires: I(),/Z (j/ t:J q
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000632\00194\68102\ VOOI
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E:lu1uu r A
Legal Description of Parcel A
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Be~g at the northwest comer of Lot I, Block 2 of Wildish Industrial Tracts as platted and
~rded 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 comer of Lot 4, Block 2
of ~d Wildish Industrial Tracts; thence leaving said west line and running along the south line
ofs'aid Lot 4, Block 2 South 89"57'35" East 183.25 feet to the southeast comer of said Lot 4,
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Blo!;k 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,
Bl~k 2 and nmnine along the westerly margin of Nugget Way South 00"02'25" West 166.26
f~ and along the arc of a 70.00 foot radius curve left (the chord of which bears South 14"25'45"
~t 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
lin~ of said Lot 5, Block 2 South 61"06'00" West 152.59 feet to the southwest comer of said Lot
5, Block 2; thence leaving said south line and rnnning South 36"06'25" West 273.98 feet to a
pofut 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
botindary 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
Soill:hern Pacific Railroad right of way and the east line of the C.B. Sweet D.L.C. No. 38 in
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To~hip 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
ceriterline 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
the;Southem 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
inti:rsection of the easterly margin of the "Y Line" of the Southern Pacific Railroad and the south
mai-gm of County Road No. 443, said point being 30.0 feet southerly of, when measured at right
an@es 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
~g along the southerly margin of County Road No. 4-43 North 89"59'02" East 277.32 feet to.
a wint marking the intersection of said southerly margin and the east line of the C.B. Sweet
D.t.C. No. 38 in Township 18 South, Range 3 Westofthe.Willamette Meridian; thence along
th~ east line of said C.B. Sweet D.L.C. No. 38 North 00010'26" East 6.77 feet to a point marking
th~intersection of the east line of the C.B. Sweet D.L.C. No. 38 and the south margin of County
Rolut No. 443, said point being 30.0 feet southerly of~en meMured at right angles to the
ce~terline 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
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Retards; thence leaving the east line of the C.B. Sweet D.L.C. No. 38 and running along the
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sot4h margin of County Road No. 443 North 64041'10" East 243.99 feet to the point of beginning
all in Lane County Oregon.
Legal Description of Parcel B
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Beginning at the northwest comer of Lot 1, Block 2 of Wild ish Industrial Tracts as platted and
rec9rded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west
lin~ of said Block 2 South 00"02'25" West 426.66 feet to the True Point of Beginning; thence
No!-th 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
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weSt margin of Nugget Way SoUth 00"02'25" West 298.74 feet to the southeast corner of Lot 4,
Bldck 2 of said Wildish Industrial Tracts; thence leaving the west margin of Nugget Way and
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runiring along the south boundary of said Lot 4, Block 2 North 89"57'35" West 183.25 feet to the
soUthwest comer of said Lot 4, Block 2; thence North 00"02'25" East 296.50 feet to the True
Pofut of Beginning, all in Lane County, Oregoa
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EAillDu B
Permitted Exceptions
Easement, including the terms and provisions thereof, granted the City of Eugene,
recorded December 15,1967, Reception No. 8194, Lane County Official Records.
Easements as shown on the recorded plat ofWildish Industrial Tracts, except that portion
of the railroad easement ~ong the Westerly boundary of Block 2, vacated by City of
Springfield Ordinance No. 6139; recorded April 5, 2006, Reception No. 2006-023042,
Lane CoWlty Official Records.
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, Reception No. 2006-023042 Lane County Official
Records, if any such exist, as reserved therein..
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, 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 29,19.96, Reception No. 9613731, Lane County Deeds and Records.
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.' .
Glenwood Urban Renewal Plan, including the terms and provisions thereof, recorded
December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records.
Modified lnlprovement Ay",,=ent Including Notice of Potential Assessment Lien,
including the terms and provisions thereof, between the City of Springfield and Wildish
Industrial Development c.,>,~....;':on., recorded June 6, 2005, Reception No. 2005-040666,
Lane County Official Records.
Public utility easement, including the terms and provisions thereof, &",,;.,J the City of
Springfield, recorded June 6, 2005, Reception No. 2005-040668, Lane County Official
Records.
Public utility easement, including the terms and provisions thereof, granted the City of
Springfield, recorded JJne 6,2005, Reception No. 2005-040669, Lane County Official
Records.
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.
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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.