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lOG (2) THE PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY, BY A DEED DATED JULY I, 1915, AND RECORDED JULY 23, 1915, IN VOLUME 108, PAGE 208, DEED RECORDS, CONVEYED TO SOUTHERN PACIFIC COMPANY THE TRIANGULAR PIECE ABOVE MENTIONED, TOGETHER WITH OTHER REAL PROPERTY OWNED BY :PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY. (3) ON DECEMBER 15, 1927, SOUTHERN PACIFIC COMPANY EXECUTED TO LANE. COUNTY A DEED RECORDED ON JANUARY 31, 1928, IN VOLUME 155, ,PAGE 522, WHEREBY -SOUTHERN PACIFIC COMPANY CONVEYED TO LANE COUNTY THE TRIANGULAR PIECE OF LOT I, BLOCK 36, WHICH HAD PREVIOUSLY BEEN CONVEYED BY THE DUNNS TO PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY. (4) FRANCIS E. DUNN~ SAME PERSON AS FRANK E~ DUNN, DIED ON DECEMBER 10, 1923, LEAVING AS HIS SOLE HEIRS HIS WIDOW, LENNA G. DUNN, AND A DAUGHTER, LUCILE DUNN DYOTT. LENNA G.DUNN, THE SURVIVlNG WIDOW OF FRANCIS E. DUNN, AND LUCILLE DUNN DYOTT, THE DAUGHTER OF FRANCIS E. DUNN, AND HER HUSBAND, GAVIN C. DYOTT, ON MAY 7, 1935, EXECUTED TO HUGH KEENEY AND MY~TLE KEENEY A DEED RECORDED ON JUNE 5, 1935, IN VOLUME d83, PAGE 200, CONVEYING LOTS 1,2, 3 AND 4 IN. BLOCK 36. THIS DEED COVERS THE ENTIRE LOT I AND DOES NOT EXCLUDE THE, ABOVE DESCRIBED TRIANGULAR PIECE OF LAND. THE DEED IS A WARRANTY DEED AND MAKES NO EXCEPTION OF THE PORTION PREVIOUSLY CONVEYED TO PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY. (5) ON NOVEMBER 17, 1942, HUGH KEENEY AND MYRTLE KEENEY,. HUSBAND AND WIFE, CONVEYED TO HENRY WENDT ALL: OF LOT I IN BLOCK 36, "EXCEPT THAT PART CONVEYED TO PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY" BY A DEED RECORDED NOVEMBER 18, 1942, IN VOLUME ____, PAGE , DEED RECORDS. (6) ON JULY 22, 1943, HENRY WENDT AND MINNIE WENDT, HUSBAND AND WIFE, SIGNED AND ACKNOWLEDGED A DEED TO WILLJAM EMIGH AND EDNA EMIGH, HUSBAND AND WIFE, WHICH WAS RECORDED AUGUST 6, 1943, IN VOLUME 251, PAGE 386, AND DESCRIBING LOT I, BLOC~ 36, AS THE PROPERTY CONVEYED WITHOUT MAKING ANY EXCEPTION AS TO THE ABOVE MENT.IONED TRIANGULAR PIECE. (7) ON DECEMBER 27, 1943, WILLIAM EMIGH AND EDNA EMIGH, HUSBAND AND WIFE, EXECUTED TO BENJAMIN E. PETERSON AND HELEN IRENE PETERSON, HUSBAND AND ~IFE,.A DEED CONVE~ING LOT I, BLOCK 36, 'EXCEPT THAT PART HERETOFORE CONVEYED TO THE PORTLAND, EUGENE AND EASTERN RA I LWAY COMPAN'Y, RECORDED IN VO;LUME 91, PAGE 6,13, OF THE LANE COUNTY, OREGON, DEED RECORDS.:' You WILL OBSERVE FROM THE FOREGOING THAT THE DUNNS CONVEYED THE TRIANGULAR PIECE TO PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY, AND THAT COMPANY, IN TURN, CONVEYED TO SOUTHERN PACIFIC COMPANY, AND SOUTHERN PACIFIC COMPANY CONVEYED THE TRIANGULAR PIECE TO LANE COUNTY, AND THE RECORD TITLE STILL REMAINS IN LANE COUNTY. ATTACHED HERETO, MARKED 'EXHIBIT A' AND MADE A PART HEREOF', IS A PLAT SHOWING THE OUTLINE OF LOT I, BLOCK 36, THE RELATIVE LOCATION OF STREETS AND BUILDINGS. IT WILL BE OBSERVED FROM AN INSPECTION OF EXHIBIT A THAT LOT I JOINS JEFFERSON STREET ON THE WEST AND IS 60 rEET IN WIDTH, RUNNING NORTH AND SOUTH, AND 150 FEET IN LENGTH, RUNNING EAST AND WEST. LOT I ADJOINS TWENTY-FOURTH STREET ON THE SOUTH AND TWENTY- FOURTH STREET RUNS EAST AND,WEST. THERE ARE 36 rEET BETWEEN THE CURB LINES ON. TWENTY-FOURTH STREET. 'AN A"LLEY, 14 rEET. IN WIDTH, R'UNNING NORTH, AND SOUTH, ADJOINS LOT I ON THE WEST. WHEN PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY WAS OBTAINING LANDS FOR THE CONSTRUCTION OF A RAILWAY, THE OWNERS or THE PROPERTY ON THE WEST SIDE OF THE 'LAST ABOVE MENTIONE'D ALLEY WERE NOT WILLING TO DEED ANY PORTION OF THEIR PROPERTy FOR RAIL- WAY CONSTRUCTION; AND BECAUSE or THE FACT THAT THE OWNERS or PROPERTY ON THE WEST SIDE or THE ALLEY DID NOT DEED LAND rOR RAILWAY-CONSTRUCTION PURPOSES, FRANCIS E.DuNN, WHO WAS A MERCHANT IN EUGENE, AND HIS WIFE MADE THE ABOVE MENTIONED DEED TO PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY COVERING THE. TRIANGLE WHICH IS TAKEN orr OF THE NORTHWEST CORNER or LOT I. THE PORTLAND, EUGENE AND EASTERN RAILWAY COMPANY'S ORIGINAL PLANS WERE NEVER COMPLETELY CONSUMMATED. AT THE PRESENT TIME, AS SHOWN BY THE RED LINE ON EXHIBIT A, THE TRAV~L COMING WEST ON TWENTY-FOURTH STREET FROM JErrERSON STREET TURNS TO THE WEST, AND THE SOUTHERLY SIDE OF SAID TRAVELED WAY IS INDICATED BY THE REO LINE WHICH PARALLELS A HEDGE WHICH RUNS ACROSS THE NORTHWEST CORNER. THE CITY OF EUGENE HAS NEVER RECEIVED A DEED rOR EVEN THAT SMALL PORTION OF THE NORTHWEST CORNER THAT IS NOW IN THE TRAVELED WAY. No DEED HAS EVER BEEN MADE BY ANY PROPERTY OWNER DESIGNATED TO CREATE A WAY OVER LOT I rOR STREET PURPOSES. ON EXHIBIT A, ATTACHED HERETO, IS SHOWN, IN THREE BROKEN LINES, THE ABOVE MENTIONED TRIANGLE IN LOT I, BLOCK' 36. No PART or THAT TRIANGLE IS USED FOR STREET PURPOSES EXCEPT THE PORTION OF THE TRIANGLE WHICH 1S NORTHERLY AND WESTERLY or AND rROM A RED LINE SHOWN ON SAID EXHIBIT A. THE SAID REO LINE WHICH EXTENDS FROM A POINT ON THE WEST BOUNDARY LINE or SAID L~T I AND RUNS NORTHEASTERLY TO A POINT ON THE CURB LINE O~ TWENTy-rOURTH STREET COINCIDES WITH THE FOOT or A SMALL EMBANKMENT WHICH EXTENDS FROM THE WEST LINE OF SAID LOT I TO THE SOUTH CURB LINE O~ SAID TWENTY-FOURTH STREET. THE CITY or EUGENE, PRESUMABLY, HAS NO NEED'FOR ANY PORTION OF SAID TRI~NGLE EXCEPT THAT PORTION WHICH IS NORTHERLY AND WESTERLY OF AND rROM SAID RED LINE. ~ i . \ .\ :t I: II II ,I I II il I, !! I e I . I e I e