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Home My WebLink About1993-083 Boundary Agrmt - Smith BOUNDARY LINE AGREEMENT THIS AGREEMENT is made this ~ day of ~~ 199~_, by and between the City of Ashland, Oregon, an incorporated municipality, hereinafter called City, and Duane F. Smith. WHEREAS, the City owns the real property described in Exhibit "A" attached hereto and incorporated herein, which is hereinafter called City Property; and WHEREAS, Duane F. Smith is the owner of the real property described_in Exhibit "B" attached hereto and incorporated herein, which is hereinafter called Smith property; and WHEREAS, there is some doubt as to the actual and legal boundary line between the City Property and the Smith Property; and WHEREAS, it is the desire of the parties hereto to resolve this doubt and clearly establish such boundary line for future reference; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City does hereby grant, convey, release, remise, and quitclaim to Duane F. Smith, his heirs, personal representatives, successors and assigns, all of that portion of the City Property which may lie on the Southerly side of the boundary line described in Exhibit "C" attached hereto and incorporated herein; and Dnane F. Smith does hereby grant, convey, remise, release, and quitclaim to the City, its successors and assigns, all of that portion of the Smith Property which may lie on the Northerly side of the boundary line described in Exhibit "C", thereby establishing said boundary line as the line of division between the two respective properties for all future interests and purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF ASHLAND Mayor ~ity RecUr der Page 1 - BOUNDARY LINE AGREEMENT Re-Record to delete a Reciprocal Easement Agreement for Access and Parking which was inadvertently attached, and to correct a scrivener's error in the description of Exhibits "B" & "C". 93-35232 DuRne F. Smith STATE OF OREGON ) ) sM. County of Jackson ) October 6, , i999~ Personally appeared before me Catherine M. Golden and Nan E. Franklin who, being duly sworn, each for himself and not one for the other, did say that the former is the Mayor and that the latter is the City Recorder of the City of Ashland, an incorporated municipality, and that the seal affixed to the fore- going instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. Notary Public for~Oregon ~ ,~ My co=issio e pires: STATE OF OREGON ) County of Jackson ) · 199.% Personally appeared before me the above named Duane F. Smith, and acknowledged the foregoing instrument to be his voluntary act and deed. ( S~JA N. AKERMAN PUBLIC - OREGON My Commission I:xpires. Not'~ry Y~bZi~ for Oreso~ My commission expires: Page 2 - BOUNDARY LINE AGREEMENT 93-35232 EXHIBIT "A" Beginning at a yellow pine twenty inches diameter tencha~ns West of the Southeast ~Orner.of South boundary of Donation Claim Township 39, South of Range one ~ast Willametts Meridian thence West 625 links set post for corner on'Sou~h b0~ndary of Land Claim No. 42, thence South 8.8° West 696 link~ set post for corner from which a black oak i0 inchEs'diameter bears South 43 East 43 links, Black Oak 12 inches in diameter bears North 44 East 55 links thence South 8.82~East 625 links to a point from which a white oak 14 inches diameter bears S0uth'553 Bast 62 links white oak 12 inches diameter b~ars 61 West 112 links thence ~0rth 8°East 790 to place of beginning. Containing 4 64/100 acres. EXHIBIT "B" Colwnencing at a 5/0" iron pin on the Northerly line of sisktyou Boulevard from which the Southwesterly corner of Lot 3~ of HUNSAKER ADDITION in the City of Ashland. Jackson Countx, ~regon beers North $6~02'17'' West, 12.33 feet (record North 55v13 Wes[), said point being the TRUE POINT OF BEGINNING; thence along the Westerly line of that trant described t~ v~lume 154, Page 268, JaCkSOn Oounty Deed Record% North 8v25 34' East, 130.63 feet to 3/4" iron ~tDe at the Northwesterly corner of said trent; thence along the Northerly orolongstton of.said Westerly line, North 8u26'34'' East , 31.46 fret to a 5/8' iron pin witness corner; th~nc~ e~nttnue North 0~26'34'' East, 1.00 foot; thence South 81 11 48 Esot, 142,88 feet to a 5/8" inch iron pin on tho Boundary Agreement Line, or the Northerly prolongation thereof, described in Document No. 77-033266 s~id..Offictal Records; thence along s td A~rssment line, edith., 8 45 35 West, 5.97 lento (record. . South 8~49'5~'' West) to a 5/8 ~ro? p~n; th?nco South ~ ~$ 35 , West, 54.?2 ~e~t (record South 8 49 52 West} to s 5/8o ~ro~ p~n; thence South 0~10'22'' East, I~.64 foot (record South 0 O0 53 EaSt, 22.63 feet) to a $/8' inch iron pin on the Northerly.line of a 16 foot wide alley also being on the Northerly prolongation of that Boundary Agreement Line described tn Document No. said O~ficial Records; thence sIRng said Agreement linc and its Northerly prolongation, South $3~$2'21'' West, 134.27 feet (record 134.00 feet) [o the Northerly line ~f ~tsklyou Boulevard; thence along said North~rl~ line~ North 55~02 18" West, 9T.81 feet (record North 56 13 West) to the TRUE POINT OF BEGINNINe. Containing 24293 square feet, more or County, Oregon Recorded OFF|CIAL RECORDS KATHLEEN $o BECKETT Commencing et · 5/8" iron pin on tho Northerly line of Siskiyo~ Boulevard from which the Southwesterly corner of Lot 3~ of HUNSAKER AODITION in the City of Ashland Jackson CountX bears North 56~02'17'' West, 12.33 feet (record North 56~13 West); thence along the Westerly line of that tract described in Volume 154. Page 26g, Jackson County Ooed Records, North 0~26'34'' East, 130.63 fee} to a 3/4" iron pipe a~ the Northwesterly corner of said tract, thence aloRg the Northerly prolongation of s~td Westerly ltns~ North 8~26'34" East , 31~46 feet to a 5/8 iron pin witness corner; thence continue North 8~26'34'' East. 1.00 fool to tho ~dT~Le~_~o_~t~of the hereafter dosRribod Agreement Line; thence along said,. Agreement Line' South 81~11°48" East 142.88 feet to a 5/8 inch iron pin on tho 8oundary Agreement Line, or the Northerly prolongation thereof, described in Document No. 7?-03326, Official Records of Jackson County, Oregon end there terminating. JACKSON COUNTY TITLE DIVISION CONTINENTAL LAWYERS TITLE COMPANY 3?0 LITHIA WAY ASHLAND, OREGON 97520 TEL:(503)488-2240/FAX:(503)488-1786 December 27, 1993 ATTN: JAMES H. OLSON CITY ENGINEERING DEPT CITY OFFICES ASHLAND OR 97520 RE: Escrow LP-56397 Smith/City Boundary Line Agreement Dear Jim: Enclosed is the original "Boundary Line Agreement" recorded as Document NO. 93-35232 for your records. Escro