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HomeMy WebLinkAboutDeed APPLICANT 1/5/2009 . Recorded at the request of and after recording return to: Division of Chief Deput.y Clerk 2005-101~1 ~Bne Count.y Deeds and Records l\"ml\ III nllll\ Imm"" l\ 11\ "\\Il 1"" III $41.00 00767122200501013010040043 12121/2005 01 :20:53 PM RPR-DEED Cnbl 5,""..6 CASHIER 07 $20.00 $11.00 $10.00 for Lands described in Exhibits A and B Send Tax Statements to: of;"t{(.,~ Branch Engineering, Inc. 310 5th Street Springfield, OR 97477 Amigos ill, LLC P.O. Box 25 Waltervil1e, OR 97489 The true consideration for this conveyance is other than monetary. PROPERTY LINE ADJUSTMENT DEED The parties to this transfer are (1) Amigos ill, LLC, an Oregon Limited Liability Company, hereinafter referred to as Party 1 and being a Grantor/Grantee herein and (2) Amigos Ill, LLC, an Oregon Limited Liability Company, hereinafter referred to as Party 2 and being a Grantor/Grantee herein. This Deed is intended to adjust the boWldary line between a parcel of real property owned by Party 1 and an adjoining parcel of real property owned by Party 2. The parties are entering into this Deed to agree on the property line separating their parcels to comply with City of Springfield Land Use Regulations and the provisions of Oregon Revised Statutes 92. 190( 4). The legal description of Party 1 's property prior to this adjustment is all of the property that was conveyed as "PARCEL 2" in that certain Statutory Warranty Deed to Amigos ill, LLC that was recorded May 13,2005 as Recorder's Number 2005-034709 in the Official Records ofLane COWlty, State of Oregon. (Tax Map 17-02-34-32. Tax Lot 200) The legal description of Party 2's property prior to this adjustment is all of the lands that were conveyed to Amigos ill, LLC by that certain Warranty Deed that was recorded May 21, 2004 as Recorder's Number 2004-038460 in the Official Records of Lane COWlty, State of Oregon. (Tax Map 17-02-34-32. Tax Lot 400) The line being adjusted herein is the entire common line between said properties. WHEREAS the Parties desire to adjust their common line and WHEREAS the Parties are agreeable to execute a transfer of property through means of an approved Property Line Adjustment and this Deed as said Property Line Adjustment was given Tentative Approval October 14,2005 by the City of Springfield WIder Case Number SUB2005-00042. THEREFOR, for purposes of accomplishing this Property Line Adjustment: Party 2 hereby transfers and conveys all of its right, title and interest in and to the property described on "Exhibit A" to Party 1 as said exhibit is attached hereto and made a part hereof. And Party 1 hereby transfers and conveys all of its right, title and interest in and to the property described on "Exhibit B" to Party 2 as said exhibit is attached hereto and made a part hereof. The description of Party 1's property after this adjustment is described on. "Exhibit A" attached hereto and made a part hereof. The description of Party 2's property after this adjustment is described on "Exhibit B" attached hereto and made a part hereof. PROPERTY LINE ADJUSTMENT DEED (TAX MAP 17.02.34-32, TAX LOTS 200 AND 400) Pagelof4 PRE.SUBMIlTAl REC'D JAN 0 5 2009 Dated this <1 day of1Jpo P'rY) \:lev- .2005 . Amigos m, LLC, an 0 Limited Liability Company , (/ . Thienes. Member THIS INSTRUMENTWILLNOT AlLOW TIIE USE OF TIIEPROPERTYDESCRIBED IN TIllS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIIE PERSON ACQUIRING FEE TITLE TO TIIE PROPERTY SHOULD CHECK WITHTIIE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY USES. STATE OF OREGON ) County of Lane )SS On \>eo.elt'l\ne.r 9.' ----,20 .QS...personally appeared the above named Ronald E. Thienes, who being duly sworn said that he is a member of Amigos Ill, LLC, and that the above instrument was signed on behalf of said limited liability company and acknowledged the foregoing instrument to be his voluntary act and deed. I) OFFICIAL SEAL ~. GAILAWAISAt~EN '.' . - ; NOTARY PUBLIC. OREGON \. .~. COMMISSION NO. 370001 ~:. MY COMMISSION EXPIRES JULY 28, 2087 flrJ 0 tV ' Notary Public for Oregon PROPERTY LINE ADJUSTMENT DEED (TAX MAP 17-02-34-32, TAX LOTS 200 AND 400) Page 2 of 4 PRE-SUBMIiTAl REC'D JAN 0 5 2009 , EXHIBIT A TRACT 1 AFfER PROPERTY LINE ADJUSTMENT (TAX MAP 17-02-34-32, TAX LOT 200 AFTER ADJUSTMENT) SITUATED in the City of Springfield in the Southwest 1/4 of Section 34, Township 17 South, Range 2 West of the Willamette Meridian and described as follows: BEING all of the property that was conveyed as "PARCEL 2" in that certain Statutory Warranty Deed to Amigos ill, LLC that was recorded May \3,2005 as Recorder's Number 2005-034709 in the Official Records of Lane County, State of Oregon together with a portion of the lands that were conveyed to Amigos ill, LLC by that certain Warranty Deed that was recorded May 21, 2004 as Recorder's Number 2004-038460 in the OfficiaJ Records of Lane County, State of Oregon, the perimeter of said lands being more particularly described as follows: BEGINNING at the southwest comer of said lands that were conveyed in Recorder's Number 2004- 038460, which POINT OF BEGINNING lies on the north margin of the McKenzie Highway as established in the conveyance to the State of Oregon that was recorded March 4, 1963 at Reception Number 1546 in the Official Records of Lane County, State ofOregi:m; THENCE, leaving said POINT OF BEGINNING and along said north margin of the McKenzie Highway the following one numbered course: (1) SOUTH 87' 43' l5" EAST 50.00 FEET to a point; THENCE, leaving last said margin and crossing into said lands that were conveyed in Recorder's Number 2004-038460 along the following four numbered courses: (2) NORTH 16' 07' 28" WEST 94.08 FEET to a point of tangent curvature to the right; (3) along said curve to the right having a radius center that bears North 73' 52' 32" EAST 72.00 Feet, a central angle of 16' 07' 28", and a . long chord ofNortb 08' 03' 44" West 20.20 Feet, an arc distance of20.26 FEET to a point of tangent line, which tangent line lies parallel with and 21.00 feet easterly by perpendicular measurement from the west line of said lands that were conveyed in Recorder's Number 2004-038460; (4) along said tangent/parallel line, NORTH 92.31 FEET to a point; and (5) leaving said tangent/parallel line, EAST 169.45 FEET more or less to a point on the east line of said lands that were conveyed in Recorder's Number 2004-038460; THENCE, along said east line the following one numbered course: (6) NORTH 244.03 FEET more or less to the northeast comer oflast said lands; THENCE, along the north line of last said lands and the north line of said lands that were conveyed as "PARCEL 2" in Recorder's Number 2005-034709 the following one numbered course: (7) SOUTH 89' 53'02" WEST 298.97 FEET to the northwest comer of said "PARCEL 2"; THENCE, along the west and south lines of said ''PARCEL 2" the fonowing two numbered courses: (8) SOUTH 311.46 FEET and (9) SOUTH 89' 44' 31" EAST 108.52 FEET to a point on the west line of said lands that were conveyed in Recorder's Number 2004-038460; and THENCE, along last said west line the following one numbered course: (10) SOUTH 132.18 FEET RETURNING to the POINT OF BEGINNING and containing 85,939 Square Feet (1.97 Acres) more or less. u>o<; ( ru;0' ~j'j':;Iit:;o pr.ln':c,;:.:' ,O:"'.J'.L I ""I~C~ e:~."':l'''''''''''A'' 1o.oI"'.J.~...';".IJ" . "."'~j"YIt1l L,'( Byf"? 12 /Jllo S PROPERTY LINE ADJUSTMENT DEED (TAX MAP 17-02-34-32, TAX LOTS 200 AND 400) Page 3 of 4 PRE-SUBMITfAl REC'O JAN 0 5 2009 . I EXHIBIT B TRACT 2 AFfER PROPERTY LINE ADJUSTMENT (TAX MAP 17-02-34-32, TAX LOT400 AFTER ADJUSTMENT) SITUATED in the City of Springfield in the Southwest lf4 of Section 34, Township 17 South, Range 2 West of the WiUamette Meridian and described as follows: BEING a portion of the lands that were conveyed to Amigos ill, LLC by that certain Warranty Deed thatwas recorded May 21, 2004 as Recorder' s Number 2004-038460 in the Official Records ofLane County, State of Oregon, the perimeter of said lands being more particularly described as follows: Commencing at the southwest comer of said lands that were conveyed in Recorder's Number 2004- 038460, which point lies on the north margin of the McKenzie Highway as established in the conveyance to the State of Oregon that was recorded March 4, 1963 at Reception Number 1546 in the Official Records ofLline County, State of Oregon; THENCE, leaving said point of commencement and along said north margin of the McKenzie Highway soum 87' 43' 15" EAST 50.00 FEET to the TRUE POINT OF BEGINNING; THENCE, leaving said TRUE POINT OF BEGINNING and said margin and crossing into said lands that were conveyed in Recorder's Number 2004-038460 along the following four numbered courses: (1) NORTH 16' 07' 28" WEST 94.08 FEETto a point of tangent curvature to the right; (2) along said curve to the right having a radius center that bears North 73' 52' 32" EAST 72.00 Feet, a central angle ofl6' 07' 28", and a long chord of North 08' 03' 44" West 20.20 Feet, an arc distance of20.26 FEET to a point of tangent line, which tangent line lies parallel with and21.00 feet easterly by perpendicular measurement from the west line of said lands that were conveyed in Recorder's Number 2004-038460; (3) along said tangent/parallel line, NORTH 92.31 FEET to a point; and (4) leaving said tangent/parallel line, EAST 169.45 FEET more or less to a point on the east line of said lands that were conveyed in Recorder's Number 2004-038460; THENCE, along said east line the following one numbered course: (5) SOUTH 208.28 FEET more or less to the southeast comer of last said lands as said point lies on said north margin of the McKenzie Highway (Reception No. 1546); and THENCE, along the south line oflast said lands and said north margin the following one numbered course: (6) NORTH 87' 43' IS" WEST 140.60 FEET more orless RETURNING to the TRUE POINT OF BEGINNING and containing 33,282 Square Feet (0.76 Acres) more or less. ve,_ f3 D<:: f!~":;".:TII~:~'aD PrJQ~chT.' ';O:'-SP:.l . .o.'~\:' ~',..:,. ;t'....,.~,";\,':r,:-\rB ~, ,....f..:{f;,;l,lvn C::;~!G " JU'-.Y r-:>. 1993 REX ,'.. BETZ '~i ' . \ .1....~ h-'t. Gc~ (2/~IIc)<; PROPERTY LINE ADJUSTMENT DEED (TAX MAP 17-02-34-32, TAX LOTS 200 AND 400) Page 4 of 4 PRE-SUBMITTAL REC'O JAN 0 5 2009