HomeMy WebLinkAbout1990-025 Decree - FallonREINALD L. SALTER
ATTORNEY AT LAW
94 THIRD STREET
ASHLAND, E}REi~-E}N 9?520
(503) 482-42 }5
May 18, 1990
Mr. Jim Olson
Engineering
City Hall
Ashland, Oregon 97520
Re:
Fallon v. Ashland
Our File A-257
Dear Jim:
For the City's files, enclosed is a photocopy of
the decree in the above matter. A copy is also being sent
to Nan Franklin for the City's records.
Very truly yours,
RLS:gmf
Enclosures
cc: Nan Franklin
RONALD L. SALTER
City Attorney
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JACKSON COUNTY
EDWARD A. FALLON, Trustee, )
)
Plaintiff, )
)
VS. )
)
CITY OF ASHLAND, a municipal corp.; )
ELLEN C. GALEY WANS; INGRID WINTHER )
SCOBI; CECELIA P. GALEY;JOHN MICHAEL)
GALEY; ANN GALEY RICHARDSON; the )
unknown heirs of HENRY C. GALEY; the)
unknown heirs of CLARENCE L. GALEY; )
the unknown heirs of MABEL C. GALEY;)
FELICIA MEIKLE CARSON; the unknown )
heirs of FELICIA MEIKLE CARSON; the )
unknown heirs of THERESA MEIKLE; the)
unknown heirs of GERTRUDE MEIKLE )
BLACK; ALEX BLACK; FELICIA BLACK; )
BARBARA BLACK; JOAN BLACK; NANCY )
BLACK; ALEXIS BLACK; ROBERT STARR )
BENNER; CAROL BENNER; the unknown )
heir of CLYDE A. PAYNE and JUDITH I. )
PAYNE; JACKSON COUNTY OREGON, a )
public corp.; EUGENE L. CLARK and )
BEATRICE J. CLARK, husband and wife;)
ALLAN FRANK SANDLER;JOHN KINNARD and)
GEORGE HEDGES; VALLEY OF THE ROGUE )
BANK, a corporation; and also all )
other persons or parties unknown )
claiming any right, title, lien, or )
interest in the property described )
in the complaint herein, )
)
Defendants. )
)
Case No. 89-3141-E-3
DECREE
This matter is before the Court on Plaintiff's motion for
a decree quieting title in Plaintiff to the real property
described in Exhibit "A" to Plaintiff's Complaint, and for such
other relief as requested in Plaintiff's Complaint. The Court
makes the following findings based on the record in the Court's
file herein:
(1) Defendants CECELIA P. GALEY and the unknown heirs of
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FELICIA MEIKLE CARSON have been dismissed by previous order of
this Court dated January 24, 1990;
(2) Defendant ALLAN F. SANDLER has been dismissed by
order of this Court entered contemporaneously with this decree;
(3) The defaults of the following Defendants have been
entered by order of this Court dated January 24, 1990, by
reason of their having been served with Summons and having
failed to plead or otherwise appear: ELLEN C. GALEY WANS,
INGRID WINTHER SCOBI, JOHN MICHAEL GALEY, ANN GALEY RICHARDSON,
unknown heirs of HENRY C. GALEY, unknown heirs of CLARENCE L.
GALEY, unknown heirs of MABEL C. GALEY, FELICIA MEIKLE CARSON,
unknown heirs of THERESA MEIKLE, unknown heirs of GERTRUDE
MEIKLE BLACK, ALEX BLACK, FELICIA BLACK, BARBARA BLACK, JOAN
BLACK, NANCY BLACK, ALEXIS BLACK, ROBERT STARR BENNER, CAROL
BENNER, unknown heirs of CLYDE A. PAYNE, unknown heirs of
JUDITH I. PAYNE, JACKSON COUNTY OREGON, EUGENE L. CLARK,
BEATRICE J. CLARK, and VALLEY OF THE ROGUE BANK;
(4) By Stipulated Decree signed contemporaneously with
this decree, Defendants JOHN KINNARD and GEORGE HEDGES have
recognized and acknowledged Plaintiff's south boundary line and
said Defendants have and claim no interest in Plaintiff's real
property north of said boundary line;
(5) By Stipulated Decree entered contemporaneously with
this decree, the Defendant City of Ashland has and claims no
estate, title, or interest in the real property described in
Exhibit "A" to Plaintiff's Complaint, excepting the easements
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and rights of way of the City contained in said Stipulated '
Decree;
(6) No other persons or parties have filed any response
to this action claiming any right, title, lien, or interest in
the subject property; and
It appearing to the Court that it is appropriate to enter
its decree herein without taking further testimony or evidence
by way of affidavit or by evidentiary hearing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
(1) Plaintiff is the owner in fee simple of the real
property described in Exhibit "A" attached hereto and incor-
porated herein, and is entitled to possession thereof, free of
any estate, title, claim, lien, or interest of Defendants or
those claiming under Defendants, subject only to the following:
1. Subject to existing easements and rights of way
for power poles and overhead electrical lines.
2. Rights of way for ditches and pipe lines 20 feet
in width granted to City of Ashland, Oregon, by
instruments recorded in Volume 154 pages 138 and 374
of the Deed Records of Jackson County, Oregon.
(Affects any portion of subject property lying South-
erly of "Emma Street")
3. A perpetual easement 20.0 feet in width for
water pipe lines, and rights in connection therewith,
granted to the City of Ashland, a municipal corpora-
tion of the State of Oregon, by instrument recorded
August 14, 1957, in Volume 445 page 387 of the Deed
Records of Jackson County, Oregon. (Affects any
portion lying Southerly of "Emma Street"),
and title to the premises is quieted in Plaintiff;
(2) Defendants and those claiming under Defendants are
enjoined from asserting any estate, title, claim, lien, or
Page 3 - DECREE
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interest in the premises or any portion thereof, excepting
those easements and rights of way noted above.
DATED:
May ~,
1990.
JUDGE
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and Plaintiff is the owner in fee simple of the real property
described above and entitled to possession thereof, free of any
estate, title, claim, lien, or interest of the Defendant City of
Ashland, except as expressly provided above.
DATED: May ~,1990.~Tu~DGE~~,~z~.
The undersigned hereby stipulate to the i~ediate entry of the
foregoing decree:
DW~~~.~-~.~ ~--DATED: May ~>
,. , 1990
E ~D A. FALLON, T~stee ·
Plaintiff
CITY OF ASHLAND, a municipal corporation
Defendant
May ~ 1990
Page 2 - STIPULATED DECREE
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JACKSON COUNTY
EDWARD A. FALLON, TRUSTEE,
Plaintiff,
vs.
CITY OF ASHLAND,
a municipal corp., et al,
Defendants.
Case No. 89-3141-E-3
STIPULATED DECREE
Based upon the stipulation of the Plaintiff and of the
Defendant City of Ashland, a municipal corporation, appended
below,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
Defendant City of Ashland has and claims no estate, title, or
interest in the real property described in the Exhibit "A" in
Plaintiff's Complaint, except the following:
Subject to existing easements and rights of way
for power poles and overhead electrical
lines.
Rights of way for ditches and pipe lines 20
feet in width granted to City of Ashland,
Oregon, by instruments recorded in Volume 154
pages 138 and 374 of the Deed Records of
Jackson County, Oregon. (Affects any portion
of subject property lying Southerly of "Emma
Street")
A perpetual easement 20.0 feet in width for
water pipe lines, and rights in connection
therewith, granted to the City of Ashland,
a municipal corporation of the State of
Oregon, by instrument recorded August 14,
1957, in Volume 445 page 387 of the Deed
Records of Jackson County, Oregon. (Affects
any portion lying Southerly of "Emma
Street");
Page 1 - STIPULATED DECREE