HomeMy WebLinkAbout1903-004 Deed - Crowson
03-04
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FROM
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H. CW IAMS,
0 GON.
Ashlar: 1, Or. , Dec. 311903.
To the Honorable Llayor and
City Council, of Ashland, Oregon.
Gentlemen:
In regard to the disagreement between Mr. G.W.
Crot .ason and t'ne City, will say that I arl of the opinion,
First: That t1 he deed from Geo. W. Crowson and wife to the
City of Ashland, purporting to convey a strip of land 12 feet wide
ac-:-oss Crowson'S land, taken by itself and unexplained would be
void for t_ncertainty;
Second: If however, the City went into possession of a strip
o4 7_...nd 12 feet wide under said deed and made improvements in the
•;-ay of laying pipe thereon) upon the faith of said deed, said strip
extending across the lard of Crowson in the general direction indi-
cated, and 1,1r. Crowson made no objection, but stood by while the
worr was being done, with knowledge of the work, he would be estop-
pod fron claiming that the strip taken by the City was not the
strip intended by -L'r_e deed, ar_d the fact t_r,at c con-es later before
this council alld complains, would not affect his rights;
Tiird: If the council did go ahead and improve the strip, and
Mr. Crovason did object to the manner in which it was done or to the
taking, of the strip taken by the City at the time, it would devolve
upon him to prove that some other strip was intended by his deed.
Fol,.rth: The location of pipe forri.erly laid by he City would
cut no figure wi~F,r_ this deed, unless it was the agreement between
Crowson and t%,e Cit r at the time of selling this strip, that the
location of pipe formerly laid shoulld be taken as a line for ascer-
taining the location of the 12 foot strip; and. then it would be a
question of proof whoth r it was intended as the center of the 12
foot strip or the outside boundary thereof on either side, whatever
the actual agreement was being what would govern in that event.
Respect-ully,
MTOW AT,I, MEN BY THESE PTIESE"TTS, that, George W. Crowson
Y7 and Wealth y7~'rowson, his vifo, of the County of Jackson,and State
of Oregon, for and in consideration of the sum of Tv enty Five
Dollars, and other valuable consideratim-m. the receipt of which
is hereby acknovTledged, have bargained, sold and conveyed and do
by these presents bargain, sell and convey unto the City of
~sl.land, a municipal eorporation,of the County of Jackson, and
State of Oregon, the following describ^d land and remise;S,
or parcel of land twelve feet in width
in a Yorth Westerly and South lesterly direction over
a-1,11 the tb llo+Tring described pre .Iises, located in the County
of Jackson and State of Oregon, to-Writ;- The South half of the
jTorth West quarter of Section Sixteen (16 of Township Thirty
nine (39) South of Range One (1),East of the Wi7.larle`to ridian,
Cre3on.
Said premises to be used as a right, of wqy by said City
of Ashland for the purpose of laving.,constructin„ and .iaintaining
a ater main, mains or laterals thereon; and we hereby -aive al 1
da-mages aecrutnC by reason of the :iaintenance
c prior to the date hereof
of said ^-ater main, mains or laterals/over and across said poonises,
provided, however, t'.at all ',,.rater r»ins or laterals rmzst be
kept below the surface of t',,-.e ground 1-here the sane crosses the
South West quarter of the T,rorth ','lest quarter of said Section Sixteen,
in said Township and Range.
To have and to hold the Said pre rises as such right of v aye
=With their a;,purtenances, unto the said CitT of Ashland, its successors
and assigns, so long as said premises are used for the purposes above
described; but should said water main, mains or laterals at any
t irie in the future be permanently removed frori said premises, then
and in such event the right and title herein granted to revert to
and reinvest in the grantors herein, their heirs or assigns.
IT\T WITNESS WHEREOF, ive have hereunto set our hancls and
affixed our seals this 8th da-y of May, A.D.51903.
T~ Pipes ce of
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h 1~L L e _
0`tI'CT0, )
)Ss.
^ounty of Jackson,)
On this the 8th da%r of May, A.D.919039 personally carne
before rte, a TTot.ary Public in and for said County and Sta`.e, the
W.
vaithin named Georjc VT. Crowson and Teal.thy/Crowson, his vaife, to
Tie person-illy known to be the identical person described in, and
who executed the foregoing con-eyance, and acknowledged to me that
they executed the sar,ie freely for the uses and purposes therein
nary e d .
IVTTATFSS r~iy hand and official seal the day and year
in certificate above written.
r ~
Notary Public for~(h egon.