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Home My WebLink About1983-089 Tolman RR Easement 7" [RAF VI - 11/3/83 - 05382/323] .84.-04984 , , \.~ -/7,00 ,;J..~CJ >>i.' ......,: Deed Audit No. 62758 APPROVED AS TO FORM BY GENERAL COUNSEL MARCH 15. 1973 C.S.7362 RELMIS: C-426.73-L(C) STREET OR HIGHWAY EASEMENT 201125 'il. ml1ill bbruturr. made this SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, CITY OF ASHLAND, a municipal corporation of the State of Oregon, address: City Hall, Ashland, Oregon, "-l( day of }J~ , 19 e 3 ,by and between herein called" Railroad", and herein called "Grantee"; , . ttttl'lIl1l'tlJ: I I~, 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 dut;y;as a common carrier, and there is reserved unto Railroad, its successors and assigns, the right to construct,- recon'struct, maintain, use and remove existing and future transportation, communication, power and pipeline facilities in, upon, :'over, under, across or along said property. H\&t~,@IIR!~~"'~:=t~kag,g::bc:iii~o:E= _~""""=SIliol=-l!l.;!",&ailioiBa=~.li&Ollllio::af;jjQ,~=b>:"'ll'::rl>lllll!G::in:i::lm,g":.d"::uf::sa:icl:"igh,,,=',,,of -;;mtl=ee~""~~~m..""'!J=~cn..,.j""""'!I';"8'."'.lO\p~ . . . . . . .. . , This grant is subject to all licenses, leases, easements, 'restrictions. conditio'ns, covenants. encumbrances, liens and claims of title which may affect said property, and the. word Xgrant" shall not be construed as a covenant against the existence thereof. ", 1<../1'0 , ~L 4. The rights herein granted shall lapse and becor:r1~ vOid\if the construction or reconstruction of said highway i~no~ (.,VVW'~ i commenced within two (2) years from the date first heretn written. ~.",a. JP ;;'U.;4..4r--l 5. This grant shall not be construed as conveying 'or otherwise vesting in Grantee the right to ffistgW'~te' ~o~ze ' the installation of any ..itcl>_'I'~".jI'aim~"""""=UI'lM~-"'''_ST=m=~Re facilities of any telegraph. telephone or ~lectric power lines in, upon, over, unde{ ;.cross or ,along said property;.. ~s~pt as necessary for. maintenance of said highway_ ~ ~..; a.L/.../ ~. / 6. Grantee shall obtain any necessary govtnment I aut'hority 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, Gl'antee shall bear the entire expense of constructing, reconstructing and main- taining said highway. ~~oi"9*..oi..Io;g~__""""~..Ra#""!l\;P.eIwo.#.""'''lR)!I''~''''''''~'';''''''"!'ll1''~ ~:tlf:""jrj=~~::6l::ilQI'll"iIf~l!:~i'l!~~"'''~:;;~~~en:a.<=,;eeo;r.st;;ueH0fl=ol'::;;itit!::n;g!iw;w:;a;=ue;;;:::~!;;~, :flllib:o.,j:::.'lb2tH::ma:intai:tl;;;~t:f,.;",~f:I:I1:It....~~f:~.;"IIw.Il":ll~~iJI=~:~Al=~=tIfG:l'lills::e~@!il!l!="''R@k .:iG1<.a:l.>ri:a....iI;::SiJ~It~~:allll'l1l!~lItR~~v~m=m~3'.=l'tm6a::;;;:.;;=a;r,;r.mfi'T!S:;::!i};,-&;;.::;mif:aiii:;urt'e -flAi:lt::l1lltfi:rill.~=d: ~=::ir< ~:ia: :slrl:nent::J:l::ci:l=d: :sb>df=c he:halJlE::foI::=iI:llMlm:.:r:r<f:l:tllt=Plll:ti=r<f:Mr ~"'-~..~'" 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 m- discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights he'reinabove 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 bear the expense thereof. Should Grantee in such event fail. neglect or refuse to so remove said highway and restor'e said property, such removal and restoration may be performed by Railroad at the expense of Grantee. which expense Grantee agrees to pay to Raih-oad upon demand. 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto_ f' 1 11. As a part consideration for the rights herein granted, Grantee shall pay to Railroad the sum of Twelve Thousand Nine Hundred Dollars ($12,900.00). IN WITNESS WHEREQF; 'the';;irties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. ,/.' . .' _ _' .. "'r'l, J'-.. _ ,.~," I,;.: ,'-<. ,: '!:.'t" SOUTHERN PAc6~k<;~s~~~~~'9N COMP 1'.3.- ::. ...,h'-~ ~.;l" , ,'. ." ,'. '. - ":'~' .;: :.;'."'""".:"".. .. . ,:,'< .~ . '. .' '.',,;(,'-, ~.""" ." ~ .R~';" , ' By ". . CITY OF ASHLAND, p , 'J Attest: By ~&~.........'- cA.. ~ ;1'~ ~ ~;/~~Z,,'<- Clerk By eft.- ,) :/. , - 84~649S4 . STATE OF CALIFORNIA } City and County of San Francisc~ On/his 15th doyo! Februarv intheyearOneThousandNineHundredandEighty Four before me, CATHERINE G. GULBRONSON, a Notary Public in and/or the City and County olSan Francisco. Slate a/California, personally appeared (OneM.rkrtPIau.) E. P. Ahern, Vice President 5.S. " ; personally knQwn to me (or proved to mean the basis ofsatisfac/ory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the Corpora/ion therein named and acknowledged to me that the Corporation executed it. CATHERINE G. GULBRONSON ~ NOTA.RY PUBLlC.CAlIFO:.?NIA ~. PRINCIPAL PLACE OF BUSINESS IN CITY AND COUNTY OF SAN FRANCISCO fib' CommissIon Expires Nav. 9 1;S4 IN WITNESS WHEREOF. I have hereunto set my hand and affiXed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above written. Corporation 'J ", , . .: My Commission Expires November 9, 1984 I;: $4--04964 EXHIBIT "A" That certain parcel of land situated in the City of Ashland, County of Jackson, State of Oregon, being a portion of Section 14, Township.59 South, Range 1 East, Willamette Meridian, described as follows: Beginning at the point of intersection of the easterly line of Tolman Creek Road (60 feet wide), with the southwesterly line of land (200 feet wide) of Southern Pacific Transportation; thence South SS°l$'00'' Bast 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), 1059.57 feet; thence North 54°45'00'' East, S0.00 feet to a point in a line parellel with and distant $0.00 feet southwesterly, measured at right angles, from said center line of main track; thence North 55°15'00'' West along last said parallel line, 1075.94 feet to a point in said easterly line of Tolman Creek Road; thence South 0°0S'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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