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Home My WebLink About1990-050 Term. Easement -HainesI~BNALD L. SALTEI~ ATTORNEY AT LAW 94 THIRD STREET ASHLAND. OREBON 97520 (503) 482-4215 August 14, 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Newbry Property Ladies & Gentlemen: As you may recall, Lloyd Haines, in July of this year, requested that the City relinquish or deed to him whatever rights the City owned in an easement. Attached hereto is a gratuitous relinquishment of that easement which it appears appropriate for the Council to authorized the Mayor and Recorder to sign. First, attached is a copy of Lloyd Haines' letter of July 16, 1990. It indicates that the alleged easement document may well have been an inept attempt to abandon an easement. The case of Bitney B. Grim, mentioned in Lloyd's letter on Page 3, does stand for the proposition that abandonment requires an intention to no longer use the right. This intention can be shown by physical facts that, for example, change the land so that the use can no longer be accomplished. physical facts are such as abandonment. However, the real reason At this point, I believe the to support the argument of for this recommendation is contained in Jim Olson's memorandum to me of August 8, 1990, wherein he concludes that the location of the alleged easement is not on the Newbry property. The map mentioned by Jim Olson is quite large and I am returning it to City Hall along with the original of this memorandum and suggest that perhaps administration can have the map with it at the meeting at which this is discussed. Respectfully submitted, City Attorney RLS/kr 90-22568 ,-2 EASEMENT TERMINATION AGREEMENT WHEREAS, Lloyd M. Haines is the owner of three parcels of real property, hereinafter referred to as "The Property," a full description of which is attached hereto and incorporated herein by reference; and WHEREAS, a document referred to as "Deed" was recorded in Volume 258, Page 315 of the Deed of Records of Jackson County, Oregon, on or about April 19, 1945, and said document has been erroneously interpreted to create an Easement affecting "The Property;" and WHEREAS, the Parties acknowledge that the City of Ashland has no easement rights affecting "The Property" by virtue of the document recorded in Volume 258, Page 315, referred to hereinabove; NOW, WHEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the City of Ashland acknowledges and confirms that "The Deed" recorded in Volume 258, Page 315 of the Deed of Records of JacksOn County, Oregon, on April 19, 1945, creates nc easement rights which are owned, held, or possessed by the City of Ashland that affects "The Property." DATE CATHERINE GOLDEN, MAYOR LLOYD M. HAINES EASEMENT AGREEMENT/1 90-225(;8 -~ STATE OF OREGON, ~ ~,M NO. 23 -- County of ._.x~. !':~.~.L~:r-;~-.~:%~..:.-. .............. J BE IT REMEMBERED, That on this ~?~/~-~ day of 'f 4' ~-~:' '~ ' , before me, [h? undersigned( a Not~ry Public in and for said County and Sta~e nersonall,, a~-ear~"~ named "'~' ' ~'C ,, //,~/., k ,,~', ~ ) ',-~ - ~' ~ ~ /ro~n to me to be the identical indiwidual~.., described in and who executed the within inst~ment and acknowledged to me that ...... 'Z:!~f-:.-~.~...executed the s~e freely and woluntarily. '; -__ TE~ 'IMONY WHEREOF, I hawe hereunto set my hand and NOTARY PU3LIC - OREGON __MY Co._m_m_,i~,?:n Expires~Z-Z~--¢F'- my official seal the day anti__written' FORM NO. 23 ~ ACKNOWL, ED~MEN? STATE OFOREGON, ] STEVE .... ESS LAW ................... County of ~.:~,~.~A~'/S~ 4/ zr .... ..... oi ........... .......... beforeme, the undersigned; a Notary Pubhc' ~n' and for s~d' County and State, personally~ appeared the witMn named ~1~ ~Z'~.~ .......................................................................................................................................................................................................... ....................... :;;;;~¥,a;Z ................................................................................................................................................................... ~own to ,~e ~o~ be, ~ identical individual_ . described in and who executed the within inst~ment and ackno~q~:~o.~. :hat..(~.....~ ................. executed the same freely and voluntarily. ~ ~ ..' .. % IN TESTIMONY WHEREOF, I have hereunto set my hand and ~fixed z ~0 "¢ my off, at,al the day and year last above written. ~ ~" "~ : Notary Public for Or~gon. My Comm~ssmn exp~res..~__.7~.~.~ ...................... ~*~$f~.,,~' :~.~,' FORM NO. 23 -- ACKNOWLeDGMeNT STATE OF OREG~ff, Coumy of ..................................................... -J ~E I~ RE~E~iBERED, Tha~ on tMs .............................. day oi .......................................................... ~ 19 ......... be/ore me, the anders]gned, a ~otary P~Hc in and [or sa~d County and State, personally appeared the w~tMn named ............................................................................................................................................................................................. .......................................................................................................................................................................................................... ..................................................................................................... ..................................................................................................... known ~o me to be the ~dentica~ ~ndividuaI ...... described ~n and who execated the w~thin ~nstrument and acknow/edged to me that ............................. executed the same ~ree/y and vol~ntarHy. I~ TESTIMOffY WHEREOF, I have hereunto ~et my hand and aff~xed my o[~c~a] seaZ the day and year Iast above written. Notary Public for Oregon. My Commission expires ........................................................ EASEMENT AGREEMENT/2 90-2256S The land referred to in this Policy is described as follows: TRACT A: Beginning at a point on the southerly side-line of Factory Street in the City of Ashland, Oregon, according to the official map of said City adopted November 5, 1888, from which point the stone monument at the intersection of the center line of Helman and Factory Streets bears North 55°36' West 141.00 feet distant; thence South 30°03' West 302.35 feet to the most northerly corner of tract described in Volume 52 page 473 of the Deed Records of Jackson County, Oregon; thence South 58°54' East 151.90 feet to the northwest corner of tract described in Volume 67 page 515, said Deed Records; thence South 58°54' East, along the northerly line of said last described tract; to the westerly line of tract conveyed to the Oregon and California Railroad Company by deed recorded in Volume 85 page 153, said Deed Records; thence North 9°31' East 331.50 feet, more or less, to the southerly side-line of Factory Street; thence North 63°46' West, along the southerly side-line of Factory Street, 91.85 feet to the point of beginning. Also, Beginning at a point from which the stone monument at the intersection of the center line of Helman Street with the center line of Factory Street in the City of Ashland, Jackson County, Oregon, bears North 5°40' East 342.70 feet distant~ thence South 29°46' West 58.90 feet; thence South 27°00' West 65.30 feet; thence South 29°50' East 148.55 feet; thence North 35°46' East 196.85 feet; thence North 58°54' West 151.90 feet to ~he point of beginning. Also, Beginning at the northwest corner of Block 17 in the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record, said point being the intersection of the easterly side-line of He!man Street and the southerly side-line of Factory Street in said City; thence South 25°30' West 361.00 feet, more or less, to the northwest corner of tract described in Volume 58 page 359 of the Deed Records of Jackson County, Oregon~ thence South 64°30' East 80.45 feet to the westerly side-line of tract described in Volume 52 page 473, said Deed Records; thence North 29°46' East, along said westerly side-line, 58.90 feet; thence North 30°03' East 302.35 feet to the southerly side-line of Factory Street; thence North 63°46' West 111.00 feet, more or less, to the point of beginning. EXCEPTING FROM THE ABOVE DESCRIBED TRACTS that portion conveyed to the State of Oregon (by and through its State Highway Commission), by deed recorded in Volume 435 page 373 of the Deed Records of Jackson County, Oregon. (Code 5-1, Account #1-6576-8, Map #39!E9BB, Tax Lot #400) TRACT B: Ail of that certain parcel of land described in deed dated September 16, 1910, from Ashland Manufacturing Company to Oregon and LA-~5344 (continued) California Railroad Company, recorded October 17, 1910, in Volume 83 page 393 of the Deed Records of Jackson County, Oregon, more particularly described as follows: Beginning at a point South 63°46' East 200.55 feet from the intersection of the easterly side line of He!man Street with the southerly side line of Factory. Street in the City of Ashland, Jackson County, Oregon; thence South 9°31' West 224.65 feet; thence South 66°16' East 37.65 feet, to the westerly line of Water Street; thence North 23°43' East 213.70 feet, to a point on the southerly line of said Factory Street, which point is the intersection of the westerly line of Water Street with the southerly line of Factory Street; thence North 63°46' West 92.65 feet, more or less, to the point of beginning. TRACT C: Ail that certain parcel of land described third, in deed dated November 18, 1910, from Ashland Ice and Storage Company to Oregon and California Railroad Company recorded December 5, 1910, in Volume 85 page 153 of the Deed Records of Jackson County, Oregon, more particularly described as follows: Beginning at a point on the east line of Block 17 in the City of Ashland, Jackson County, Oregon, which is also the westerly line of Water Street, 213.70 feet Southerly from the northeast corner of said Block, measured along the easterly line of said Block; thence North 66°16' West 37.65 feet to a point; thence South 9°31' West 145.00 feet, to an intersection with the easterly line of said Block 17; thence North 23°43' East 140.00 feet to the point of beginning. EXCEPTING THEREFROM so much'thereof, as may be included in a parcel of land conveyed to the City of Ashland, record notice of which appears in deed recorded in Volume 85 page 153, Deed Records of Jackson County, Oregon. ALSO, EXCEPTING FROM said Tracts B and C, that portion of said property lying below a depth of five hundred (500) feet, measured vertically from the contour of the surface thereof. (Code 5-1, Account #1-006573-5, Map #391E9BB, Tax Lot #100) Jackson County, Oregon Recorded OFFICIAL RECORDS I SEP 41990 KATHLEEN S. BECKETT ,(~I. ERK and RECC~DER