HomeMy WebLinkAbout1915-053 California RR Easement THIS INE~NTUltE, made this 28th day of August , IB1B,
between OEEGON AND 0ALIFORNIA RAILROAD OG~PANY, a corporation organized and
ex.tsting under the laws of the State of Oregon; its lessee, SGUTEERN PACIFIC
CG~PANY, a corporation, created by and existing under laws of' the State of
Eentuck~, parties of the first part; and CITY OF AZI~D, a ~icipal corporetio~
of the State of Oregon, party of the second pa~$ .
UITI~ETE THAT-
Said parties of the first part hereby grant to the party of the ,second part
an easement for the construction, maintenance and use of a public highway at
grade upon and across the property of the parties of the first part in the City of
Ashland, County of Jackson, ~tate of Oregon, hereinafter particularly described and
across their railroad tracks now or hereafter existing thereon, to-wit:
BEGINNING at a point which is the intersection of the center line of ~oodson
Street in Coolidge Addition to the 01ty of Ashland, with the center line of Main
Street in said addition, and which point is marked by an iron pipe monmment$ thence
S ~9° 16' Z0" E a distance of 74§.~ feet to a point in the center ~ine of Glenn
· Street produced westerly; thence N 60o 48' E alor~ the center line of Glen~ Street
~40.89 feet to a point in Oregon and California ltailroad 0ompany's westerly per-
man.e~t way line, which point is the point of begtnuLug of this d~a. cription; thence
S ~ 04' E 30.11 feet along said permanent way line; thence N 60u 48' E 60,22
feet to a point, in Oregon and California Railroad Compauy's easterly permanent o
way line; thence N Z4° 04' ~ on said permanent way line 60,22 feet; thence S 60
48' U 60,22 feet to a point in Oregon and California Railroad 0ompa~y's westerly
permanent, way line; thence S ZA0 04' E SO,11 feet to the place of beginning, being
a strip of land ~0 feet wide across the Oregon and California Railroad Company's
60 ft, permanent way, and containing 0.08 acres, more or less, all in Sec, 5, T
$~ S R 1 E in Jackson County, Oregon, a~i more particularly shown enclosed within
red inked lines on blue print map hereto attached and made a part hereof.
Reserving, however, to the said parties of the first part, their successors
and assigns, the right at any time to construct, maintain and operate additional
railroad tracks and their appurtenances, telephone, telegraph and other overhead
wires, underground pipes, conduits and conductors for conveying electricity,
water, oil, gas and/or sewage upon, over, ~nder and/or across said property.
STYBJECT, HOWEVER, TO TEE FOLL0~ING EXPRESS CONDIT[01~
I. Should the party of the second part at any time abandon the use of said
property as a public highway, or should said property not be used as a public
highway for one year continuously, the easement hereby given shall cease and
determine, and said parties of the first part, or either thereof, shall thereupon
have the right to retake and resume absolute possession of said property.
~. ~his easement is grante~ s~b~ect to the ter~s and con~i~ions o~
Order F~72 of the ~ilroad 0o~issi~ of Oregon, ~te~ ~h ~, 1915,
flirt the ~tter of the ~plicati~ of the City 0f ~~, 0regcn, for
pe~issf~ to const~ct a hig~2 across the right of ~2 of ~outhe~ Pacific
I~ ~~ ~F, the p~lee of t~ fi~ part he.to ~ve cauae~ t~se
presents to be ~e~te~ by their ~tive o~ficere thereto ~ul2 authori~
~ t~ir re~ective co~orate seals to be hereto aff~ the ~2 ~ y~r
first above
Witness:
SOUTHERI~ PAC II~C
Assistant Seoretarf
STATE OF CALIFORNIA,r
City and County of San Francisco ~ '
On this..$Jr~.~,~.ti~-,~¢l~t,~ .......... day of .......... A.l&ghl~.Ji., ...... ~i5~ ................
.................................................................................
to me personally known, who, being duly sworn, did say, that....~he.~...ttl2.Othe ...... .VJ,~o~..P.z'.GSJ, clt~II.t ..................
...................... . .~...1~.....~. ~..8..~..~.$..~i/1 ,t....~..0. ~ .0..~.~.~r.,.....lT. qt 1~. ~.0 ~. ~ ~.Y.~.~., o f the ...............................................................
................ ~Ae.~g, ola..:~rl~..,~.~Ct.~..Ol~.Xl~a...l~.:[l~otlcL..O.OlllpS~II~'.and that the seal affixed to said instrument is
the corporate seal of said corporation, and that said instrument
was signed and sealed in behalf of said corporation by author-
ltv of ils B~rd ot[ 12irecto~andtT~a~, ......................................
· ~, O~'~.~ ~ c~ '~.~nd~°fx acknowledged
said instrument to be the free act said corporation.
IN TESTIMONY~I~EO~ I_.~ve hereunto,~l~my
hand and affixed m~seal~X~,~rhe Oay an,~/fir~t in
this, my certific~~.J~.~_ ~ //~
.......... ....
'~'~'~' -~ · -- l~lOT'a~ii~l' PUBLICI~s¢[, State of Califlrnia