HomeMy WebLinkAbout2017-182 Easement-Mistletoe Rd. O.R. 1984-04984
[RAF - VI - 11/3/83 - 05382/3231
84--04984
Deed Audit No. 62758
APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362
MARCH 15, 1973 RELMIS: C-426.73-L(C)
F O: 1o
STREET OR HIGHWAY EASEMENT
(lids Inbru#urr, made this 1441- day of P `-e , 19 . by and between
SOUTHERN PACIFIC TRANSPORTATION COMPANY, herein called "Railroad", and
a Delaware corporation,
CITY OF ASHLAND, a municipal corporation of the State of Oregon, address:
City Hall, Ashland, Oregon, herein called "Grantee";
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway,
hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A".
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and simi-
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged
within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and
assigns, the right to construct. reconstruct, maintain, use and remove existing and future transportation. communication.
power and pipeline facilities in, upon, over, under, across or along said property. 1erte~ewtriiaskv~ekags#Filisd=
ara.=~~frera~eide~~liatV~oed ~'-°'a~' ~%:,bay{ilitfskls~~a>~~aus~xhazgas=t3ze~s£smeE~ligflsas'=nor
~i~l=eee~i~vake6Fcet.Aairkpea~d:.q.ti~eets~ llrealaeiepe ~~o~iy~
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants. encumbrances, liens and
claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against the
existence thereof.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two (2) years from the date first herein written. G•~ ~~z~"`
7.//n I
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to in _ tD a❑tho~ze
the installation of any ~iErls ~i~,esrxlraina tr1~oF~N9 xtr-nAm ~=or*he facilities of any telegraph, telephone
or electric power lines in, upon, over, unde crOSS or along said property, except as necessary for maintenance of said
highway. CCCCCC .t d~,~,.»~~
6. Grantee shall obtain any necessary govtrnment~l aut ority to construct, reconstruct, maintain and use said highway.
Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's
agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main-
taining said highway. T11e.~~o¢wrg.aiwIwidJ►isla~rrer~rrl~tree4err•+F.Aetlr~nd~et+alFtecr~breEled~are}~ilTtained~tct~he
~t8~~:~+'r"~.m7,i~liOS'S~Cai~~~[C€~Als~ertete~e+c~ieri=e~reec»t~,~++3e~iort=o'~~e~i iwa;t-~as~jeerr-rorrrrl-eEe~.
~ilmaclsbai~maisstaiafiz>~dacx mEttrs~a~ s~~ls~tal3~ ~eGCraaa~#,>at~ tzsa~(3~tL+&t~L~ ~ ff~ ~t t~ 8t=~~ &~Sic
78FCi9R.+;Et~RA' S~l~l~t~~14~~~1Y$~-~l~b~~~dr•1' d'~I~Rt~.S Tat}-S,-~S d11f~'21F7(JVI~'.C_
-~eli:f}s~a$ iealee~a yJae~3fs srs3s rsez~~xilrmd sh~i~rot ~ ti~EPC IIIIIDtkARIP.~17j=Ct1II~C1SlII1~II)=i;altl-
4**Wsy=sPQCzf*d:abvoa
8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any
lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction
or reconstruction of said highway commenced within two (2) years from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said
purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned or
discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re-
served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned.
Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving, from said
property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed
prior to construction of said highway, and to I-
so remove said highway
to
exAen- ^x r.-
dayoJ_ Februarzr_ in theyear one Thousand Nine HundredandEi hty Four
...,a;ATHERINEG.GUIBR0NSON,aNotary publicinandjortheCity andCounty of SanFmncisco,Star, o Cahornia, of J personally appeared
j to.rM.m.Pr>.t Ahern, Vice President
personally known tome for proved tome on the basis of satisfactory evidence) lobe the person who
executed the within instrument as president for secretary) or on behat/'of the Corporation therein
named and acknowledged to me that the Corporation executed it.
CATHERINE G. GULBRONSON
NOTARY P SIN AC SS IN A
S I NESS
PRINCIPAL PLACE O OF F BU 9U IN WITNESS WHEREOF, I have hereunto set my hand and aif txed my of cial sea, at my
CITY AND couxrY of f
office in the City and County Of San Franetsrn, the day and year in this certificate first above
SAN FRANCISCO written.
C110MUSloe Expires Nev. 9 1984 7
Corporation -
Notary Public in and for ~~lCity and Cou of. r rancisco, State of Califor
My Commission Expires November 9, 1984
~o1olq
84-04984
EXHIBIT "A"
That certain parcel of land situated in the City of
Ashland, County of Jackson, State of Oregon, being a portion of
Section 14, Township 39 South, Range 1 East, Willamette Meridian,
described as follows:
Beginning at the point of intersection of the easterly
line of Tolman Creek Road (60 feet wide), with the southwesterly
line of land (200 feet wide) of Southern Pacific Transportation;
thence South 55°15'00" East along said southwesterly line, being
parallel with and distant 100.00 feet southwesterly, measured at
right angles, from the original located center line of said
Company's main track (Dunsmuir-Eugene), 1039.37 feet; thence North
34°45'00" East, 50.00 feet to a point in a line parellel with and
distant 50.00 feet southwesterly, measured at right angles, from
said center line of main track; thence North 55°15'00" West along
last said parallel line, 1073.94 feet to a point in said easterly
line of Tolman Creek Road; thence South 0°05'00" West along said
easterly line,-60.79 feet to the point of beginning, containing
an area of 1.21 acres, more or less.
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