HomeMy WebLinkAbout1935-021 Easement - Fraley
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KNOW ALL MEN BY THE3[~ PR.ESENTS that Charles W. Fraley and
Sarah A. Fraley, for and in consideration of One Dollarr- (~pl.OO)
and other good and valuable consideration to them in hand paid,
receipt of which is hereby acknowledged, do hereby grant and convey
to the City of Ashland, a municipal corporation of the state of
Oregon, its successors and assigns, the right-of-way under, through
and across the land hereinafter more particularly described, sit-
uate, lying and being in Jackson County, Oregon, to-wit:
All that certain premises described in Volume
200 at page 502 of the Deed Records of Jackson County,
Oregon, which said premises as so described is hereby
referred to and by this reference made a part hereof as
though fully set forth herein.
In and upon which to lay, operate and maintain a sewer pipe
or sewer pipes for the transportation of sewage and refuse in the
City of AShland, County of Jackson, State of Oregon, such pipe
or pipes to be laid within a space not exceeding fifteen feet in
width along the following described course 'as a center line there-
to, to-wit: -
From the Northeast corner of Donation Land Claim
No. 42 in Township 39 South of Range One East of
Willamette Meridian, Oregon, measure South along the
East side line of the DLC No. 42 a distance of 775
feet to the place of beginning, of center line to be
described; tl:1IElnce :South 894129 Ee,st a distance of 636
feet more or less to an intersection with the West
side line of Mountain Avenue in said City of Ashland.
And with right of ingress and egress to and from said right-
of-way for all sewer purposes forever. ~
The City of Ashland does hereby covenant and agree to care-
fully remove the surface soil while laying said sewer pipe line and
to restore said surface soil to a depth of It feet in approximately
the same condition the said surface soil was in before the said
sewer pipe line was laid.
The City of Ashland further agrees to restore all fences re-
moved at any time for the purpose of installing, repairing or
maintaining said sewer pipe through said premises to approximately
the same condition said~f~es were in before removal, and said
City further agrees to exercise reasonable care at all times in
going into, upon, or across the premises described herein.
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For the consideration herein set forth, grantors herein
hereby give, grant, and convey unto the City of Ashland, its .success!,
ors and assigns, all the dirtlthat may be necessary to make a fill
to be placed on grantors land In,connection with said sewer p;ipe
installation, provided the City of,Ashland or its assigns exercise
due and reasonable care in removing'said dirt from a point mutually
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agreed upon by grantors and grantee here~n, so as to not. leave
any large holes or undue rough spots and to remove said dirt with
general uniformity as 'to depth over the area des ignated- in "an
~mount sufficient to make said fill. The City of Ashland further
agrees to follow sound engineering practices in constructing said
fill and provide thedra imige therefor.
The possession and use of the said premises are to be and
31 remain in the said grantors, their heirs, executors, administrators,
and assigns forever, subject to the grant herein made as fully
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as if this conveyance had not been executed. _
:m .1IITNESS WHEREOF, we have hereunto set our hands and seals
this " ~ day of November, 1935.
~
~ W~~~ (SEAL)
ota~a cltJ1 (SEAL)
STA'l'E OF OREGON )
) ss.
County of Jackb~ .
On this day of November, 1935, before me, the under-.
signed, a Notary lic in and for said County and State, persona'll&,
appeared the within named Charles W. Fraley and Sarah A. Fraley,
who are known to me to be the identical individuals described in
and who executed the within instrument and acknowledged to me that
they executed the same freely and voluntarily. .
IN TESTIMONY W1EREOF, I have hereunto set my hand and official
seal the day and year last above written.
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