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<br /> 1.46 acres, more or less, in which .37 acre lies within existing
<br /> Mill Race.
<br />I Reserving into the Eugene Power Co., its successors and U1
<br /> assigns forever the right to maintain, improve, operate, repair, t'-'
<br /> I deepen, use and enjoy the Mill Race thereon and the right to ~\j
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<br /> I widen the said Mill Race in one or more operations to an over :~/~f
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<br /> I all maximum width not to exceed 50 feet and the right of ingress :..,.toS ./
<br /> , and egress Dver the above described property for the purpose of
<br /> ;, maintaining, improving, operat ing, I' ep a ir ing, deepening, widening,
<br /> 'I using and enjoying the said Mill Race.
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<br /> , Parcel 2: A parcel of land lying in Government Lot 4 of
<br /> I Section 33, Township 17 South Range 3 West of the Willamette
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<br /> Meridian, Lane County, Oregon, said parcel being described as
<br /> ,,' follows:
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<br /> , Beginning at a point which is the intersection of the
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<br /> 'I Southerly right of way line of the Southern Pacif ic Company and
<br /> the Northerly line of the Zara Sweet Donation Land Claim #68;
<br /> 'I said point being 57 feet distant Southwesterly from (when measured
<br /> I~ at right angles to) the relocated center line of said railroad,
<br /> " said point also being 486 feet distant Northeasterly from the
<br /> 'I Northwest corner of said Dona.tion Land Claim #68, thence South
<br /> !i 780 27' West along the said Northerly claim line a distance
<br /> i: oi 194.g feet, thence North 190 55' 30" East a distance of 99.71
<br /> III feet to a point on the said Southerly railroad right of way lin~,
<br /> Ii said point being opposite and 57 feet distant from Engineer's
<br /> Station 1067 plus--of said railroad center line, thence South-
<br /> [ easterly along said railroad right of way line to the point of "
<br /> I' beginning containing 0.19 acres.
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<br /> Ii Parcel 3: A parcel of land lying in the Zara Sweet Donation
<br /> Land Claim #68, in Section 33, Township 17 South Range 3 West
<br /> ~ of the Willamette Meridian, Lane County, Oregon, said parcel
<br /> being described as follows:
<br /> IJ Beginning at a point which is the intersection of the
<br /> Southerly right of way line of the Southern Pacific Company
<br />I f; and the Northerly line of the Zara Sweet Donation Land Claim
<br /> >"1
<br /> I, #68, said point being 57 feet distant Southerly from (when
<br /> .,
<br /> " measured at right angles to) the relocated center line of
<br /> '.
<br /> 11 said railroad, said point also being 486 feet distant
<br /> " Northeasterly from the Northwest corner of said, Donation
<br /> ,,' Land Claim #68, thence South 780 27' West along saidoNortherly
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<br /> '~ claim line a distance of 162.3 feet, thence South 70 48' East
<br /> Ii a distance of 147 feet to the existing Northwesterly right of
<br /> .1 way line of the Pacific Highway, thence North 810 07' 30"
<br /> 11 East along said right of way line a distance of 134 feet, thence
<br /> ,I North 190 12' East a distance of 20 feet to the Southerly right
<br /> of way line of said railroad, thence Northwesterly along said
<br /> "
<br /> 'j right of way line 125.6 feet to the point of beginning, contain-
<br /> I ing 0.26 acres.
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<br /> I: at and for a total purchase price of Fifty Thousand Dollars ($50,000.00),
<br /> 11 payable as hereinafter provided.
<br /> I': This Option may be exercised by the Optionee, acting by and through
<br /> I its City Manager, or its assigns, on or before noon of November 1, 1946, by
<br /> the delivery of written notice of Optionee's intention to so exercise this
<br /> option, to the escrow department of the First National Bank of Eugene (Oregon) ,
<br /> 'I together with a copy of same for mailing through regular United States mails
<br /> l to the Optionor at Eugene, Oregon, and by depositing together with a $1,000.00),
<br /> I with irrevocable instructions to said escrow to pay said sum of One Thousand
<br /> i Dollars ($1,000.00) unto the order of the Opionor upon the delivery of a pre-
<br /> j liminary report for title insurance in the amount of Forty Thousand Dollars
<br /> ,:! ($40,000.00), or abstract of title prepared and certified by a reputable abstract I
<br /> I
<br /> r company as of a date not prior to the date of delivery of such notice to exercise !
<br /> I option unto the escrow as aforesaid, insuring or showing, as the case may be, a I
<br /> iil merchantable fee simple title in the Optionor to its real properties and un-
<br /> ~ restricted easements for the maintenance of the aforesaid mill race as the case
<br /> ;1 may be.
<br />I r It is understood and agreed that the Optionee, or its assigns, shall
<br /> j be entitled to a reasonable time from and after delivery, to examine the title
<br /> ~, evidence to be supplied as aforesaid, and to certify any obj ections thereto or
<br /> i defects of title and rights in and to the properties to be sold and purchased,
<br /> I and the Optionor shall be entitled to a reasonable time within which to remove
<br /> " any such defects or objections so certified.
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