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Home My WebLink About1989-080 Boundary Line- CopelandBOUNDARY LINE AGREEMENT WHEREAS, RICHARD H. THORNTON and ADLEEN THORNTON, hereinafter referred to as "THORNTONS", are the owners of certain land which is contiguous to and westerly of certain land owned by Copeland Lumber Yards Inc., an Oregon Corporation, formerly ~.~ J.W. COPELAND YARDS, an Oregon Corporation, hereinafter referred to as "COPELAND", and which is the owner of certain land described in Exhibit "B" which is attached hereto; and WHEREAS, there is a dispute and uncertainty between the parties as to the proper boundary line between their respective properties. NOW, THEREFORE, the parties hereto do agree that the boundary line between their respective properties is the boundary line described in Exhibit "A" which is attached hereto and incorporated herein. FURTHER, KNOW ALL MEN BY THESE PRESENTS, that the THORNTONS, for and in consideration of the mutual promises contained herein and other good and valuable consideration, do hereby remise, release and quitclaim unto COPELAND, the successors and assigns of COPELAND, grantee, all of the THORNTONS right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining which lies easterly of the line described in Exhibit "A"; and TO HAVE AND TO HOLD the same unto the said Grantee and Grantee's successors and assigns forever. FURTHER, KNOW ALL MEN BY THESE PRESENTS, that COPELAND, -1- Boundary Line Agreement RE]NALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 9752E} $9-24011 for and in consideration of the mutual promises contained herein and other good and valuable consideration, do hereby remise, release and quitclaim unto the THORNTONS, the heirs, successors and assigns of the THORNTONS, grantees, all of COPELAND's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining which lies westerly of the line described in Exhibit "A"; and TO HAVE AND TO HOLD the same unto the said Grantee and Grantee's successors and assigns forever· Each of the parties hereto agree that by executing this agreement that the legal descriptions of the boundary line between their respective properties shall be and is the boundary line described in Exhibit "A". THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS· BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES· WITNESS OUR HANDS AND SEALS this : 1989 day of ~c-h~rdf~. Thornton ,ff/ ...:-", / JAdleen Thor~%bn' -2- Boundary Line Agreement Iqi-INALD L..:;ALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, FII~EGDN cJ?52FI 89-24011 STATE OF OREGON ) : County of Jackson ) BE IT REMEMBERED that on this 70 day of .'~.~~? 1989, before me the undersigned, a Notary Public in and'for said County and State, personally appeared the within named RICHARD H. THORNTON and ADLEEN THORNTON, who are known to me to be the identical individuals described in and who executed the within instrument, having acknowledged to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary ~ublic for Oregon My Commission Expires BY: COPELAND LUMBER 'YARDS INC. an Oregon Corporation Fd~m~ly J.~ Copeland Helen Jo wh~tsell, Chairman By: STATE OF OREGON ) : County of Multnomah ) BE IT REMEMBERED that this :c-- day of 0(;4z~3~f':'7.~_ , 1989, before me the undersigned, a Notary Public in and for said County and State personally appeared Helen Jo Whitsell as the Chairman of the Board for Copeland Lumber Yards Inc.,o an Oregon Corporation, who is known to mu to be the same individual who executed the within instrument on behalf of the Corporation, having acknowledged to me that she e~quted t~e same f~.~e~ ....... . and voluntarily in her capacity a.~¢ha~ ..~, CQpel~ L~Yard~ Inc., an Oregon Corporation. ~ '-- ;;/Z/ ' ¢' : ~: .¢~arY ~ublic for Ore¢.~'.. /' ' ' ' ~ - -3- Boundary Line Agreement I~BNALD L, SALTER AT'rOI:RNEY A'f' LAW 94 THIRD STREET ASHLAND, DRESDN ~'752n CONSULTi~iG SURVEYOR S9-24011 SWAIN SURVEYING, INC. 27'/5 North Main Street Ashland, Oreso~ 97520 LEGAL DKSCRI PT ION fo~ Bo~ L~e by A~eem~nt Go~lenuin~ at a found 3/4 inch iron pipe, 12 inches below ground level and situated et the centerline angle point of an Alley, said pipe beers North 18 degrees 46 minutes 02 seconds West a distance of 1273.87 feet from a found bronze disk set in a concrete post and bein~ situated at the Southeast Corner of Donation Lend Claim No. 40, Township 39 South, Nen~e 1 East of the Willamette Base end Meridian, Jackson County, Oregon; TH~CE South 59 degrees 36 minutes 88 seconds East a distance of 90.27 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap situated in the Northeasterly right of way line of an Alley and being the T~ POINT OFf,GINNInG; TH~ leavin~ said Alley right of way line, North 34 degrees 10 minutes 18 seconds East for e distance of 63.90 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap situated in the Southerly right of way line of Lithia Way; T~continuing North 34 degrees 10 minutes 18 seconds East for a distance of 8.9 feet, more or less, to a point in the ' Southerly right of way line of 'C' Street end there terminati~. HlchardH. Thoz-n~onand AdleenTho~nton Copeland Lumber Yards Inc. formerly, d. W. CopelandYard~, an Oregon Corporauion Party of the First Party of the Second e J. W. Copeland Y~, an Oregon Corporation c/o City of Ashland 20 East Main Street Ashland, Oregon 97§20 I lelITI'~IO PROFE,~31ONAL August 14, 1989 ref: CA 1336T.leg CONSULTING SURVEYOR Oregon - Washington $9-24011 SWAIN SURVEYING, INC. 271/2 North Main Street Ashland, Oreson 97520 Area Code 503 482-4318 LEGAL DESCRIPTION ~ommencing at a found 3/4 inch iron pipe, 12 inches below ground level and situated at the centerline angle point of an Alley, said pipe bears North 18 degrees 46 minutes 02 seconds West a distance of 1273.87 feet from a found bronze disk set in a concrete post and being situated at the Southeast Corner of Donation Land Claim No. 40, Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson County, Oregon; THENCE South 59 degrees 36 minutes 08 seconds East a distance of 90.27 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap situated in the Northeasterly right of way line of an Alley and being the TRUE POINT OF BEGINNING; THENCE leaving said Alley right of way line, North 34 degrees 10 minutes 18 seconds East along that Boundary Line by Agreement recorded as Document No. of the Official Records of Jackson County, Oregon, for a distance of 63.90 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap situated in the Southerly right of way line of Lithia Way; THENCE along said right of way line along a curve to the left having a radius of 1462.39 feet and an arc length of 69.15 feet, being subtended by a chord of South 64 degrees 39 minutes 33 seconds East for a distance of 69.15 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap; THENCE South 66 degrees 00 minutes 50 seconds East for a distance of 29.87 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap; ~CE leaving said Southerly right of way line,South 33 degrees 50 minutes 29 seconds West (deed record North 34 degrees East) for a distance of 79.86 feet to a 5/8 x 24 inch Iron Rod with an Alumn. Cap situated in the Northeasterly right of way line of an Alley; THENCE North 55 degrees 47 minutes 27 seconds West along said Alley right of way line for a distance of 98.19 feet to the point of beginning. Together with and subject to covenants, easements, and restrictions of record and those apparent on the land. Said property contains 7000 square feet, more or less. J. W. ~opeland Yards, an Oregon Corporation c/o City of Ashland 20 East Main Street Ashland, Oregon 97520 August 14, 1989 ref: CA 1336T2.1eg J~cl~son Count,