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HomeMy WebLinkAboutAgreement PLANNER 10/31/2008 " Mter Recording Return T. Jerry Bouess . United States Bakery P.O. Box 1'i769 Portland, Oregon 97293 .../2..eu,~ '/O!~ll-Z'co~ ~: .' ~ DECLARATION OF PROPERTY LINE ADJUSTMENT United States Bakery (DECLARANT) is the owuer of two contiguous tracts of real propertyreferred to herein as Tract I and Tract 2. DECLARANT is settiug forth this declaration to set an adjusted property line betWeen Tract I and Tract:1 to comply with Lane County Land Use Regulations:and the provisions .0fORS 92.190(4). The Tract 1 property is shown as Tax Lot'No.'s 1100, 1200, & 3800 on Assessor's Map No. 18-03-03-11 and Tax Lot No. 700 ou Assessor's Map No. 18-03-03-12 The legal description for the Tract i property prior to this adjustment is contained in EXh;hit A of tliat certain Warranty Deed recorded June 2, 2006 Inst. No. 2006-038519 Lane County O:egon Official Records. "1...-"." The Tract 2 property is shown as Tax Lot No.'s 3600 & 3700 on Assessor's Map No. 18,03-03-11 and Tax Lot No. 's 201 and 1300 on Assessor's Map No. 18-03-03-14. The legal description for the Tract 2 property prior to this adjustment is contained in Exhibit A of that certain Warranty Deed recorded June 2, 2006, Inst. No. 2006-038518 Lane. County Oregon Official Records. By and through this instrument DECLARANT does hereby set forth 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 descrihed.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 BEFORE SIGNINO OR ACCEPTING TIllS INSTRUMENT, THE PERSON TRANSFERRING FEE TITL~ SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 200'7. THI~ 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 THIS INSTRuMENT, THE PERSON ACQUIRING FEE TlTJ.-E TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE'UNlTOF LAND BEING TRANSFERRED IS A LA WFULL Y ESTABLISHED LOT OR PARCEL, AS DEFINED INORS 92.010 OR215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LA WSUITS 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 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO Il,CHAPTER 424, OREGON LAWS 2007. (- ( .'. 9"-- ,~ . Date Received: I -;, ~ . Planner: MM ~a-r l~ ~. Page 1 of 6 Dated this Day of ,2008 Jerry Boness, Chief Financial Officer Umted States Bakery STATE OF OREGON ) ) ss. County of Multnomah ) 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 authorized capacity as Chief Financial Officer of United States Bakery' and acknowl~dged the same to be his voluntary act and deed.' . Witness my hand and official seal. Notary Public for Oregon My Commission Expires: Page 2 of6 , . EXHIBIT "A" Legal Description ofthe adjusted Property Line Beginning at the southeast comer of Lot 5, Block 2 of Wild ish Industrial Tracts as platted and nicorded In Book 56, Page II 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; thericeleaving said south line and running South 36006'25" West 76.66 feet to the True Point of Beginning; thence South 21016'35" East 94.75 feet; thence along the arc of a 565.19 foot radius curve left(the chord Of which bears Smith 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 II, Block 2 of said wildish Industrial TraCts arid there ending, alliI3 Lane County Oregon. . Page 3 of 6. . EXHIBIT'''B'' Legal Description for the Revised Boundary Tract 1 Property Assessor's Map No. 18-03-03-11 Tax LotNo.'s 1100, 1200,3800 Assessor's Map No. 18-03-03-12 Tax Lot No. 700 , Beginning at the northwest comer of Lot I, Block 2 of Wild ish 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 '00002'25" 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 89057'35". East 183.25 feet to the ~6utheast 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 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 14025'45" 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 feeUo the southwest corner of said Lot 5, Block.2; thence leaving said south line and running South 36~06'25" West 76.66 feet; thence South 21016'35" East 94.75 feet; therice along the arc ofa 565.19 foot radius 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 toa point on the northwesterly boundary of Lot I 1, Block 2 of said Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot II, Block 2 and its southwesterly projection South 36006'25" West 57.00 feet to a point on the northerly boundary of the -Ashland Line ofthe Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the AsWand Line of the Southern Pacific Railroad right'ofway; thence along said .northerly boundary the Ashland Line of the Southern Pacific Railroad right of way North 53054'33" West 654.74 feet to a point marking the intersection of the northerly boundary ofthe Ashland Line of the Southern Pacific R~ilroad 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 alorig the easnine 6fthe C.B.Sweet D.L.C. No. 38 North 0001 0'26~' East 71.66 feet to a point marking the intersection ofthe east line of the C.B. Sweet D.L.C. No. 38 and a line parallel to and 88.0 feet northerly ofthe centerline of the AsWand Line ofthe 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 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 Lirie" oftlie 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 footJadius CUrve right (the chord of which bears North 2052'21;' West 777.55 feet) a distance of890.76 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 C.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" E,!st 277.32 feet to a point marking the intersection of said southeriy margin and the east line ofthe 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 intersection of the east line of the C.B. Sweet DOLe. Page 4 of 6 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]] of the Lane County Oregon Plat Records; thence leaving the east line of the C.B. Sweet D.L.e. No. 38 and running along . the south margin of County Road No. 443 North 6494] '10" East 243.99 feet to the point of beginning all in Lane County Oregon. Containing] 5.] 8 acres more or less / c Page q of 6 EXHIBIT "C" Legal Description for the Revised Boundary of the Tract 2 Property Assessor's Map No. 18-03-03-11 Tax Lot No.'s 3600 & 3700 Assessor's Map No. 18-03-03-14 Tax Lot No. 201 & 1300 Beginning at the southeast comer of Lot 5, Block 2 of Wild ish Industrial Tracts as platted and recorded in Book 56, Page II .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 corner of said Lot 5,Block 2; thence leaving said south line and running South 36006'25" West 76.66 feet; thence South . 21016'35" East 94.75 feet; thence along the arc of a 565.19 foot radius curve left (the chord of which bears South 37035'32" East 317.56 feet) a distance of321.89 feet; thence South 53054'33" East 12f65 feet to a point on the northwesterly boundary of Lot II, Block 2 of said Wildish Industrial Tracts; thence along the northwesterly boundary of said Lot 11, Block 2 North 36006'25" East 227.96 feet to the corner common to Lot 7, Lot 8 and Lot II 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 apoint 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 Nugget Way North <50052'50" West 385.97 feet and along . the arc ofa 70.00 foot radius curve right (the chord ofwh.ich bears North44053'25" West 38.57 feet) a distancebf39.07 feet to the point of beginning, all in Lane County, Oregon. Containing 3.74 acres more or less Page 6 of 6