|
RECORD OF SURVEY
<br />FOR VICKI ROBINSON
<br />BEING A PORTION OF LOT 6
<br />"WEST WOODBURN FRUIT FARMS"
<br />IN THE SW 1/4 OF SEC. 11, T. 5 S., R. 2 W., 1W. M.
<br />MARION COUNTY, OREGON
<br />NOVEMBER 12, 2021
<br />ol 10.9' -
<br />�sO J/*l1' PROPOSED *SHOP
<br />ETBACK PER
<br />990 PERMIT.
<br />OLDER HOGWIRE FENCE
<br />0.5' N. W. TO 1.5' S. E.
<br />1.3' -
<br />EGBERG (D>)
<br />R3579—P462
<br />GARAGE
<br />LOT 6
<br />3
<br />!_n••,
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<br />0
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<br />Qo
<br />ol 10.9' -
<br />�sO J/*l1' PROPOSED *SHOP
<br />ETBACK PER
<br />990 PERMIT.
<br />OLDER HOGWIRE FENCE
<br />0.5' N. W. TO 1.5' S. E.
<br />1.3' -
<br />EGBERG (D>)
<br />R3579—P462
<br />GARAGE
<br />LOT 6
<br />t`-- 2.1'
<br />OLD
<br />BARN
<br />HED
<br />12.8'
<br />................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .............................
<br />19�00, 175 q8
<br />1 I. P. \ ,Zgy( 95 �p D1, D,2 :
<br />DOWN 1.0 \ p• 48 (2�,
<br />1.25 AC
<br />(GROSS)
<br />cw'
<br />w
<br />1/2- 1. P. DOWN 0.5'
<br />W/PINCHED TOP [S1]
<br />S150 30'00"W 1. 65'
<br />w HELD FOR LINE
<br />[MSCR 43731 \ ' Op i81, 42, D3 ' 48 0
<br />HELD \
<br />S80.3
<br />80,1,5,00"° 3 ,55" �
<br />(s 8p°15,E
<br />RECEIVED 11/29/2021 BY
<br />MARION COUNTY SURVEYOR.
<br />APPROVED FOR FILING ON
<br />01/12/2022.
<br />MCSR 39543
<br />i 1/2" 1. R. w/cneLE Hoacs
<br />DOWN 0.5' , 0.5' N. OF
<br />4X4 FENCE POST [MCSR 63781
<br />HELD
<br />�O
<br />� I �
<br />� I Q)
<br />y
<br />PETZEL (D3)
<br />R1353— P27
<br />WES T IWOODBURN
<br />LEGEND:
<br />• FOUND MONUMENT AS NOTED
<br />O SET 5/8- X 30" IRON ROD W/YPC
<br />STAMPED "MILLER LAND SURVEYING"
<br />ON 11/12/2021
<br />YPC YELLOW PLASTIC CAP
<br />( ) RECORD DATA AS NOTED
<br />[ ] ORIGIN OF MONUMENT
<br />MCSR MARION COUNTY SURVEY RECORDS
<br />MCDR MARION COUNTY DEED RECORDS
<br />BOTP BOOK OF TOWN PLATS, MARION CO.
<br />R, P REEL, PAGE, MCDR
<br />OU ORIGIN UNKNOWN
<br />CALC. CALCULATED VALUE
<br />I . R. IRON ROD
<br />I. P. IRON PIPE
<br />R/W RIGHT-OF-WAY
<br />S1 CS18276, MCSR
<br />P PLAT OF "WEST WOODBURN FRUIT FARMS-,
<br />VOLUME 4, PAGE 12, BOTP
<br />P2 PARTITION PLAT NO. 2018-031
<br />D1 REEL 3579, PAGE 462, MCDR (2014)
<br />D2 REEL 1365, PAGE 660, MCDR (1997)
<br />D3 REEL 1353, PAGE 27, MCDR 0 996)
<br />FRUIT FARMS"
<br />MCSR �9947�
<br />NARRATIVE.
<br />THE PURPOSE OF THIS SURVEY WAS TO LOCATE AND MONUMENT THAT TRACT OF LAND CONVEYED TO VICKI ROBINSON AND
<br />DESCRIBED IN REEL 1365, PAGE 660, MARION COUNTY DEED RECORDS, BEING A PORTION OF LOT 6, "WEST WOODBURN
<br />FRUIT FARMS' (VOLUME 4, PAGE 12, BOTP).
<br />THE BASIS OF BEARINGS IS N 150 30'00" E ALONG THE EASTERLY LINE OF SAID VICKI ROBINSON TRACT, AS
<br />MEASURED BETWEEN THE FOUND IRON PIPE AND IRON ROD AS SHOWN. SAID MONUMENTS WERE SET/USED BY MCSR 18276
<br />(SO TO SPLIT THE PETZEL PROPERTY, AND ARE CONSIDERED ORIGINAL. THE DIVIDED PROPERTY WAS SOLD TO DAVID
<br />& JEANETTE ROBINSON.
<br />IN 1975, DAVID & JEANETTE ROBINSON SOLD THE WESTERLY PORTION OF THEIR PROPERTY TO LENNIS ROBINSON (REEL
<br />8, PAGE 318, MCDR). THERE WAS NO RECORDED SURVEY FOR THIS DIVISION. IN 1997, THEY SOLD THEIR REMAINDER
<br />TO VICKI ROBINSON. LENNIS ROBINSON SOLD HIS PROPERTY TO EGBERG.
<br />THE OLDER AND CURRENT DEEDS CONTAIN THE EXACT SAME CALLS AND ARE IN HARMONY, BUT THERE IS AN AMBIGUITY
<br />IN THE DESCRIPTIONS FOR THE LINE BETWEEN THE PROPERTIES. THE DESCRIPTIONS START AT THE SOUTHWEST CORNER
<br />OF LOT 6, AND RUN 195.00' ALONG THE SOUTHERLY LOT LINE. THE NEXT CALLS ARE "THENCE NORTH 150 30' EAST
<br />PARALLEL WITH THE EASTERLY LINE OF SAID LOT TO A POINT THAT BISECTS THE MOST WESTERLY LINE OF SAID LOT
<br />SIX (6); THENCE SOUTH 320 35' WEST ALONG THE WESTERLY LINE OF SAID LOT TO THE PLACE OF BEGINNING".
<br />ANALYSIS OF THE SECOND CALL IN THE DESCRIPTIONS: THERE IS A BEARING CITED, THERE 1S A CALL FOR PARALLEL
<br />TO THE EASTERLY LOT LINE, AND THERE IS CALL FOR THE CORNER TO BISECT THE WESTERLY LOT LINE (ALONG
<br />RAILROAD). IF THE BEARING IS USED, THE RESULTANT LINE FOLLOWS AN OLDER, ESTABLISHED FENCE LINE. IF THE
<br />CALLS FOR "PARALLEL- OR 'BISECT" ARE USED, THE RESULTANT LINE RUNS THROUGH THE SHOP ON THE EGBERG TRACT.
<br />NO ACREAGE IS GIVEN IN EITHER DESCRIPTION TO CLARIFY WHICH CALL IS CONTROLLING. NO DISTANCE IS GIVEN
<br />ALONG THE RAILROAD TO CLARIFY WHICH CALL 1S CONTROLLING.
<br />IN GEOMETRY, "BISECT" MEANS TO SPLIT INTO TWO EQUAL PARTS. HOWEVER, GENERALLY IT CAN ALSO MEAN TO CUT
<br />INTO TWO PARTS (NOT NECESSARILY EQUAL). IT IS ALSO POSSIBLE THE WORD "INTERSECT- WAS MEANT TO BE USED
<br />INSTEAD.
<br />THE CALL FOR "PARALLEL TO THE EASTERLY LOT LINE" MAY HAVE BEEN INTENDED TO BE "PARALLEL TO THE EASTERLY
<br />LINE (OF THE ROBINSON TRACT)". THE BEARING CITED IN THE SECOND CALL IS THE SAME GIVEN FOR THE EAST LINE
<br />OF THE ROBINSON TRACT (N 150 30' E) .
<br />IF THE ABOVE ASSUMPTIONS ARE MADE OF THE DESCRIPTION, THEN THE BEARING CALL WOULD BE CONTROLLING. BEING
<br />THAT AT LEAST 30 YEARS OF OCCUPATION (FENCE) FOLLOWS THE LINE BASED ON THE BEARING CALL, I CONCLUDE THAT
<br />LONG USE AND ACCEPTANCE IN THAT LINE HAS CLARIFIED THE INTENT OF THE ORIGINAL PARTIES TO THE DEED.
<br />AUGMENTING THIS ARGUMENT, LENNIS ROBINSON (PRIOR TO SELLING TO EGBERG) BUILT THE SHOP SHOWN HEREON IN
<br />1991 WITH PERMITS SHOWING AN 11 -FOOT PROPOSED SETBACK TO THE PROPERTY LINE. ACTUAL SETBACK WAS FOUND TO
<br />BE 10.9 FEET, WHICH PROVES THE FENCE LINE WAS RECOGNIZED AS ACCURATE AT THE TIME.
<br />THE NORTHWEST LINE OF THE VICKI ROBINSON TRACT (RAILROAD) WAS HELD BETWEEN THE FOUND MONUMENTS AS SHOWN.
<br />THE OFFSET FROM TRACK CENTERLINE MATCHES THIS SOLUTION WELL. THE RIGHT OF WAY CENTERLINE OF STAFNEY
<br />LANE WAS HELD BETWEEN THE I- IRON PIPE AND A 30.00 -FOOT OFFSET FROM THE MONUMENTS SET IN PARTITION PLAT
<br />NO. 2018-031 (P2). A 20 -FOOT HALF -WIDTH WAS HELD FOR THE RIGHT OF WAY LINE PER PLAT.
<br />SCALE. 1" = 60'
<br />_ c\? / 4�
<br />150. ---_LANA
<br />58 ICA p '248 6,2(COUNT
<br />('248.6'6 ,) p2 N 80°3,2 ,55„ �' h'OAD #510
<br />0 5/8- I. R. W/YPC STAMPED
<br />� "HOWELL LS 91569" FLUSH 248' 98 '
<br />� (249. op
<br />[P2] HELD R/W
<br />REGISTERED
<br />PR❑FESSI❑NAL
<br />LAND SURVEYOR
<br />OREGON
<br />DECEMBER 6, 2013
<br />ANDREW MICHAEL MILLER
<br />79372
<br />RENEWS, DECEMBER 31, 2022
<br />PROJECT NO.: 21030
<br />DRAWING NAME: 2103ORS1. DWG
<br />3
<br />w
<br />o "'
<br />oc
<br />c
<br />qw D
<br />�'
<br />wO
<br />o
<br />°
<br />(D2)
<br />ROBINSON
<br />1365—P666)
<br />t`-- 2.1'
<br />OLD
<br />BARN
<br />HED
<br />12.8'
<br />................................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .............................
<br />19�00, 175 q8
<br />1 I. P. \ ,Zgy( 95 �p D1, D,2 :
<br />DOWN 1.0 \ p• 48 (2�,
<br />1.25 AC
<br />(GROSS)
<br />cw'
<br />w
<br />1/2- 1. P. DOWN 0.5'
<br />W/PINCHED TOP [S1]
<br />S150 30'00"W 1. 65'
<br />w HELD FOR LINE
<br />[MSCR 43731 \ ' Op i81, 42, D3 ' 48 0
<br />HELD \
<br />S80.3
<br />80,1,5,00"° 3 ,55" �
<br />(s 8p°15,E
<br />RECEIVED 11/29/2021 BY
<br />MARION COUNTY SURVEYOR.
<br />APPROVED FOR FILING ON
<br />01/12/2022.
<br />MCSR 39543
<br />i 1/2" 1. R. w/cneLE Hoacs
<br />DOWN 0.5' , 0.5' N. OF
<br />4X4 FENCE POST [MCSR 63781
<br />HELD
<br />�O
<br />� I �
<br />� I Q)
<br />y
<br />PETZEL (D3)
<br />R1353— P27
<br />WES T IWOODBURN
<br />LEGEND:
<br />• FOUND MONUMENT AS NOTED
<br />O SET 5/8- X 30" IRON ROD W/YPC
<br />STAMPED "MILLER LAND SURVEYING"
<br />ON 11/12/2021
<br />YPC YELLOW PLASTIC CAP
<br />( ) RECORD DATA AS NOTED
<br />[ ] ORIGIN OF MONUMENT
<br />MCSR MARION COUNTY SURVEY RECORDS
<br />MCDR MARION COUNTY DEED RECORDS
<br />BOTP BOOK OF TOWN PLATS, MARION CO.
<br />R, P REEL, PAGE, MCDR
<br />OU ORIGIN UNKNOWN
<br />CALC. CALCULATED VALUE
<br />I . R. IRON ROD
<br />I. P. IRON PIPE
<br />R/W RIGHT-OF-WAY
<br />S1 CS18276, MCSR
<br />P PLAT OF "WEST WOODBURN FRUIT FARMS-,
<br />VOLUME 4, PAGE 12, BOTP
<br />P2 PARTITION PLAT NO. 2018-031
<br />D1 REEL 3579, PAGE 462, MCDR (2014)
<br />D2 REEL 1365, PAGE 660, MCDR (1997)
<br />D3 REEL 1353, PAGE 27, MCDR 0 996)
<br />FRUIT FARMS"
<br />MCSR �9947�
<br />NARRATIVE.
<br />THE PURPOSE OF THIS SURVEY WAS TO LOCATE AND MONUMENT THAT TRACT OF LAND CONVEYED TO VICKI ROBINSON AND
<br />DESCRIBED IN REEL 1365, PAGE 660, MARION COUNTY DEED RECORDS, BEING A PORTION OF LOT 6, "WEST WOODBURN
<br />FRUIT FARMS' (VOLUME 4, PAGE 12, BOTP).
<br />THE BASIS OF BEARINGS IS N 150 30'00" E ALONG THE EASTERLY LINE OF SAID VICKI ROBINSON TRACT, AS
<br />MEASURED BETWEEN THE FOUND IRON PIPE AND IRON ROD AS SHOWN. SAID MONUMENTS WERE SET/USED BY MCSR 18276
<br />(SO TO SPLIT THE PETZEL PROPERTY, AND ARE CONSIDERED ORIGINAL. THE DIVIDED PROPERTY WAS SOLD TO DAVID
<br />& JEANETTE ROBINSON.
<br />IN 1975, DAVID & JEANETTE ROBINSON SOLD THE WESTERLY PORTION OF THEIR PROPERTY TO LENNIS ROBINSON (REEL
<br />8, PAGE 318, MCDR). THERE WAS NO RECORDED SURVEY FOR THIS DIVISION. IN 1997, THEY SOLD THEIR REMAINDER
<br />TO VICKI ROBINSON. LENNIS ROBINSON SOLD HIS PROPERTY TO EGBERG.
<br />THE OLDER AND CURRENT DEEDS CONTAIN THE EXACT SAME CALLS AND ARE IN HARMONY, BUT THERE IS AN AMBIGUITY
<br />IN THE DESCRIPTIONS FOR THE LINE BETWEEN THE PROPERTIES. THE DESCRIPTIONS START AT THE SOUTHWEST CORNER
<br />OF LOT 6, AND RUN 195.00' ALONG THE SOUTHERLY LOT LINE. THE NEXT CALLS ARE "THENCE NORTH 150 30' EAST
<br />PARALLEL WITH THE EASTERLY LINE OF SAID LOT TO A POINT THAT BISECTS THE MOST WESTERLY LINE OF SAID LOT
<br />SIX (6); THENCE SOUTH 320 35' WEST ALONG THE WESTERLY LINE OF SAID LOT TO THE PLACE OF BEGINNING".
<br />ANALYSIS OF THE SECOND CALL IN THE DESCRIPTIONS: THERE IS A BEARING CITED, THERE 1S A CALL FOR PARALLEL
<br />TO THE EASTERLY LOT LINE, AND THERE IS CALL FOR THE CORNER TO BISECT THE WESTERLY LOT LINE (ALONG
<br />RAILROAD). IF THE BEARING IS USED, THE RESULTANT LINE FOLLOWS AN OLDER, ESTABLISHED FENCE LINE. IF THE
<br />CALLS FOR "PARALLEL- OR 'BISECT" ARE USED, THE RESULTANT LINE RUNS THROUGH THE SHOP ON THE EGBERG TRACT.
<br />NO ACREAGE IS GIVEN IN EITHER DESCRIPTION TO CLARIFY WHICH CALL IS CONTROLLING. NO DISTANCE IS GIVEN
<br />ALONG THE RAILROAD TO CLARIFY WHICH CALL 1S CONTROLLING.
<br />IN GEOMETRY, "BISECT" MEANS TO SPLIT INTO TWO EQUAL PARTS. HOWEVER, GENERALLY IT CAN ALSO MEAN TO CUT
<br />INTO TWO PARTS (NOT NECESSARILY EQUAL). IT IS ALSO POSSIBLE THE WORD "INTERSECT- WAS MEANT TO BE USED
<br />INSTEAD.
<br />THE CALL FOR "PARALLEL TO THE EASTERLY LOT LINE" MAY HAVE BEEN INTENDED TO BE "PARALLEL TO THE EASTERLY
<br />LINE (OF THE ROBINSON TRACT)". THE BEARING CITED IN THE SECOND CALL IS THE SAME GIVEN FOR THE EAST LINE
<br />OF THE ROBINSON TRACT (N 150 30' E) .
<br />IF THE ABOVE ASSUMPTIONS ARE MADE OF THE DESCRIPTION, THEN THE BEARING CALL WOULD BE CONTROLLING. BEING
<br />THAT AT LEAST 30 YEARS OF OCCUPATION (FENCE) FOLLOWS THE LINE BASED ON THE BEARING CALL, I CONCLUDE THAT
<br />LONG USE AND ACCEPTANCE IN THAT LINE HAS CLARIFIED THE INTENT OF THE ORIGINAL PARTIES TO THE DEED.
<br />AUGMENTING THIS ARGUMENT, LENNIS ROBINSON (PRIOR TO SELLING TO EGBERG) BUILT THE SHOP SHOWN HEREON IN
<br />1991 WITH PERMITS SHOWING AN 11 -FOOT PROPOSED SETBACK TO THE PROPERTY LINE. ACTUAL SETBACK WAS FOUND TO
<br />BE 10.9 FEET, WHICH PROVES THE FENCE LINE WAS RECOGNIZED AS ACCURATE AT THE TIME.
<br />THE NORTHWEST LINE OF THE VICKI ROBINSON TRACT (RAILROAD) WAS HELD BETWEEN THE FOUND MONUMENTS AS SHOWN.
<br />THE OFFSET FROM TRACK CENTERLINE MATCHES THIS SOLUTION WELL. THE RIGHT OF WAY CENTERLINE OF STAFNEY
<br />LANE WAS HELD BETWEEN THE I- IRON PIPE AND A 30.00 -FOOT OFFSET FROM THE MONUMENTS SET IN PARTITION PLAT
<br />NO. 2018-031 (P2). A 20 -FOOT HALF -WIDTH WAS HELD FOR THE RIGHT OF WAY LINE PER PLAT.
<br />SCALE. 1" = 60'
<br />_ c\? / 4�
<br />150. ---_LANA
<br />58 ICA p '248 6,2(COUNT
<br />('248.6'6 ,) p2 N 80°3,2 ,55„ �' h'OAD #510
<br />0 5/8- I. R. W/YPC STAMPED
<br />� "HOWELL LS 91569" FLUSH 248' 98 '
<br />� (249. op
<br />[P2] HELD R/W
<br />REGISTERED
<br />PR❑FESSI❑NAL
<br />LAND SURVEYOR
<br />OREGON
<br />DECEMBER 6, 2013
<br />ANDREW MICHAEL MILLER
<br />79372
<br />RENEWS, DECEMBER 31, 2022
<br />PROJECT NO.: 21030
<br />DRAWING NAME: 2103ORS1. DWG
<br />
|