HomeMy WebLinkAbout2014-059 Easement - Compeau A
Jackson County Official Records 2014-007889
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01619844201400078890040040
I, Christine walker, county Clerk for Jackson County, Oregon, centry
that the instrument Itlentimetl herein was recorded in the Clerk
records, Christine Walker - County Clerk
AVIGATION, NOISE AND HAZARD EASEMENT
WHEREAS, i--E¢-AMAT- A G6l¢1ST-1JE LOWPtc40
hereinafter called "Grantors," are the owners in fee of that certain parcel of land situated in the
County of Jackson, State of Oregon, more particularly described in the instrument recorded as
9st2- D3(Volume, Page or Official Record number) of the deed records of Jackson
County hereinafter called "Grantors' Property," Map and Tax Lot Number: ---'3111 G UO 21aL*,
and outlined on the attached map, "Exhibit I". and
WHEREAS, Grantors' Property is located in an Airport Concern (AC) Overlay or an Airport
Approach (AA) Overlay of Ashland Municipal Airport; and
WHEREAS, Ashland Municipal Airport ("Airport'') of Jackson County, State of Oregon, is
hereinafter called "Grantee."
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantors, for themselves, their heirs, administrators, executors, successors ;
and assigns, do hereby grant, bargain, sell, and convey unto Grantee, its successors and assigns,
for the use and benefit of Grantee, tenants and licensees of Grantee, all users of the Airport, and
the public, an easement and right of way, appurtenant to the Airport for the unobstructed use and
passage of all types of aircraft (as hereinafter defined), in and through all the airspace above the
surface of Grantors' Property to an infinite height above Grantors' Property. This easement is
effective regardless of any future changes in the volume of aircraft overflights, or changes in the
design of the Airport or in air traffic control procedures.
Said easement shall be appurtenant to and for the benefit of the real property now known
as the Airport including any additions thereto wherever located, hereafter made by Grantee or its
successors and assigns, guests, and invitees, including any and all persons, firms, or corporations
operating aircraft to or from the Airport.
Said easement and burden, together with all things which may be alleged to be incident to
or resulting from the use and enjoyment of said easement, including, but not limited to the right to
cause in all airspace above or in the vicinity of the surface of Grantors' Property such noise,
vibrations, fumes, deposits of dust or other Particulate matter, fuel particles (which are incidental to 4
the normal operation of said aircraft), fear, interference with sleep and communication and any and R
all other effects that may be alleged to be incident to or caused by the operation of aircraft over or
in the vicinity of Grantors' Property or in landing at or taking off from, maneuvering around, or
operating at or on said Airport.
Grantee, the Airport and any operator, director, or manager is hereby granted; and Grantors
do hereby fully waive, remise, and release any right or cause of action or suit which they may now
have or which they may have in the future against Grantee, its successor and assigns, due to such
noise, vibrations. fumes, dust, fuel particles and all other effects, whether at current volumes or
levels or increased volumes or levels, that may be caused or may have been caused by the
operation of aircraft landing at. or taking off irons, maneuvering around, or operating at or on said
Airport.
13-gc of 3
"Aircraft" as used herein, shall mean any and all types of aircraft, whether now in
existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft,
propeller-driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, blimps,
balloons, gliders, ultra-lights, and all types of aircraft or vehicles now in existence or hereafter
developed, regardless of existing or future noise levels, for the purpose of transporting persons or
property through the air, by whomsoever owned or operated.
"Hazard" as used herein, shall specifically include, but is not limited to, electrical n
interference with navigational signals or radio communications, other items of interference,
impaired visibility, flag poles, antennas, and bird-strike hazards.
The easement and right-of-way is for the purpose of permitting the unobstructed passage of
all aircraft, by whomsoever owned or operated, in the airspace above the surface of Grantors'
Property, together with the right to cause such noise as may be inherent in the operation of aircraft,
and the right to use such airspace for landing on, taking off from or operating at the Airport.
Additionally, this easement grants to Grantee the following continuing rights:
1. The right to prevent the erection, modification, or growth upon Grantors' Property of any
building, structure, tree, tethered balloons, kites, or other object(s), extending into the airspace
above the surface of said property, in violation of any standard, rule, or regulation established by
Federal Aviation Administration (FAA), Oregon Department of Aviation (ODA), or local ordinances;
or in violation of any permit issued by FAA, ODA, or Jackson County.
2. The right of ingress to, egress from, and passage over Grantors' Property to remove or lower
from said air space, at the sole option of Grantee, (at Grantors' expense), as an alternative, to
mark and light as obstructions to air navigation, any such building, structure, tree or other objects
now upon, or which in the future may be up-.n Grantors' Property in violation of any standard, rule,
or regulation established by FAA, ODA., or local ordinances; or in violation of any permit issued by
FAA, ODA, or Jackson County. 41
3. The right to enter upon Grantors' Property and at Grantors' expense, remove, lower, or trim any 4`
tree or other vegetation that violates any existing or future standard, rule or regulation of FAA,
ODA, or Jackson County.
4. The right to prohibit any use of Grantors' Property that may interfere with the taking off or
landing of aircraft at the Airport or otherwise constitutes a hazard to operations at the Airport, and,
at Grantors' expense, to enter upon Grantor; Property to abaie such hazard.
AND for the consideration hereinabove set forth Grantors, for themselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree that for and during the life of
said easement and right of way, they will not hereafter erect, permit the erection or growth of, or
permit or suffer to remain upon Grantors' Property any building, structure, tree or other object
extending into the airspace above the surface of said property and that they shall not hereafter use
or permit or suffer the use of Grantors' Property in such a manner as to: (a) produce glare,
(b) create electrical interference with radio communication between any installation upon said
Airport and aircraft, (c) make it difficult for flyers to distinguish between airport lights and others,
(d) permit any use of Grantors' Property that causes a discharge of fumes, dust or smoke so as to
impair visibility in the vicinity of the Airport, (e) create bird strike hazards, or (f) otherwise endanger
the landing, taking off or maneuvering of aircraft. If Grantors Property is in the Runway Protection
Zone, Grantors further agree they will not permit places of public assembly upon Grantors'
Property, such as, but not limited to, churches, schools, office buildings, shopping centers,
restaurants, child care facilities, and stadiums. Grantors furthermore waive all damages and
claims for damages caused or alleged to be caused by or incidental to such activities.
Page 2 of 3
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TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto
Grantee, its successors, and assigns, until said Airport shall be abandoned and shall cease to be
used for public airport purposes.
a
It being understood and agreed that the aforesaid covenants and agreements shall run with the r
land and shall be binding upon the heirs, administrators, executors, successors and assigns of
Grantors until said Airport shall be abandoned and cease to be used for public airport purposes.
GRANTORS (Property Owners):
By: Date: -3
By: Date:
STATE OF OREGON )
ss.
County of Jackson )
Personally appeared the above named keYm Q ChriSFXn~ ~rh~
y
and acknowledged the foregoing instrument to be his/her/their/voluntary act and deed before
me this ~4 day of ,eyA q- 0
Notary Public for State of Oregon ~~PiLC~C ( .L~~(/L~crrv
( tares Signature)
K70' nS2
a
GRANTEE (Ashl and M icipal Airport):
By: Date: 3 I g l l y
CI y of Ashland, di inistrator
STATE OF OREGON )
) ss. i,
County of Jackson ) )
ATTESTED BEFORE ME this -day of 20
City of Ashland: Administrator, -DAyid ~a tU'
Notary Public for State of Oregon
My Commission Expires: 4V, xvlol`f ' (Notary's Signature)
(Stamp)
'r
OFFICIAL SEAL
DIANA R SHIPLET lierised 7/I8/08
NOTARY PUBLIC-OREGON
t} COMMISSION NO. 454135 Page 3 of 3
MY COMMISSION EXPIRES NOVEMBER 2B, 2014
Date: October 25, 2012 File No.: 7161-1983708 ( Ib)
EXHIBIT 1
LEGAL DESCRIPTION:
COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. 52, TOWNSHIP 39 SOUTH,
RANGE 1 EAST, WILLAMETTE MERIDIAN; JACKSON COUNTY, OREGON; THENCE NORTH 00 14' 15" EAST,
271.10 FEET; THENCE NORTH 390 32' WEST, 46.90 FEET TO A 5/8" IRON PIN LOCATED ON THE WEST
BOUNDARY OF THE DEAD INDIAN COUNTY ROAD; THENCE ALONG SAID WEST BOUNDARY, NORTH 00 14' 15"
EAST, 781.59 FEET ; THENCE NORTH 390 32' WEST, 1770.59 FEET TO A POINT ON THE NORTHEASTERLY LINE
OF TRACT DESCRIBED IN VOLUME 576, PAGE 172, OF THE DEED RECORDS OF JACKSON COUNTY, OREGON,
THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE, NORTH 390 32' WEST, 1539.00 FEET
TO A POINT ON THE EAST BOUNDARY OF DONATION LAND CLAIM NO.48, SAID TOWNSHIP AND RANGE, SAID
POINT BEARS SOUTH 00 00'50" EAST, 2085.49 FEET FROM THE NORTHEAST CORNER OF SAID CLAIM NO. 48;
THENCE FOLLOWING THE APPROXIMATE CENTER OF BEAR CREEK AS FOLLOWS: SOUTH 880 07' EAST, 380.75
FEET; SOUTH 610 51' EAST 219.28 FEET; SOUTH 56° 13' EAST, 422.64 FEET; SOUTH 400 50' EAST, 326.58
FEET; THENCE LEAVING SAID CREEK, SOUTH 150 07' WEST, 610.00 FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM 1.75 ACRES WHICH IS WITHIN THE BOUNDARIES OF A "PERPETUAL EASEMENT FOR
RIGHT-OF-WAY AND FOR RIGHT TO REMOVE SAND, GRAVEL, TOPSOIL AND MINERAL AGGREGATES";
RECORDED OCTOBER 20, 1964, IN VOLUME 575, PAGE 455, OF THE DEED RECORDS OF JACKSON COUNTY,
OREGON, GRANTED TO MARK E. BOYDEN AND JOAN N. BOYDEN, HUSBAND AND WIFE, AND THEIR HEIRS AND
ASSIGNS, WHICH LEAVES A TOTAL OF 10.31 ACRES HEREIN CONVEYED.
EXPECTING THEREFROM THE FOLLOWING: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION
LAND CLAIM NO. 52, TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, JACKSON COUNTY,
OREGON; THENCE NORTH 00 14' 15" EAST, 271.10 FEET: THENCE NORTH 390 32' WEST, 46.90 FEET TO A 5/8"
IRON PIN LOCATED ON THE WEST BOUNDARY OF THE DEAD INDIAN COUNTY ROAD; THENCE ALONG SAID
WEST BOUNDARY, NORTH 0° 14' 15" EAST, 781.59 FEET; THENCE NORTH 390 32' WEST, 2215.68 FEET TO A
5/8" IRON PIN LOCATED ON THE NORTHEASTERLY LINE OF TRACT DESCRIBED IN VOLUME 576, PAGE 172, OF
THE DEED RECORDS OF JACKSON COUNTY, OREGON, THE TRUE POINT OF BEGINNING; THENCE NORTH 151
07' EAST, 480.13 FEET TO A 5/8" IRON PIN ON THE SOUTH BANK OF EMIGRANT CREEK; THENCE NORTH 150
07' EAST, 86.43 FEET TO A POINT ON THE APPROXIMATE CENTERLINE OF SAID CREEK, THENCE ALONG THE
APPROXIMATE CENTERLINE OF SAID CREEK, NORTH 560 IT WEST, 148.92 FEET TO A POINT, THENCE SOUTH
150 07' WEST 85.67 FEET TO A 5/8" IRON PIN ON THE SOUTH BANK OF SAID CREEK; THENCE SOUTH 150 07'
WEST 428.47 FEET TO A 5/8" IRON PIN; THENCE SOUTH 39°32' EAST, 172.98 FEET TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE EAST-SOUTHEAST CORNER OF
DONATION LAND CLAIM NO. 52, TOWNSHIP 39 SOUTH RANGE I EAST, WILLAMETTE MERIDIAN, JACKSON
COUNTY, OREGON; THENCE NORTH 00 14' 15" EAST, 271.10 FEET; THENCE NORTH 390 32' WEST, 46.90 FEET
TO A 5/8" IRON PIN LOCATED ON THE WEST BOUNDARY OF THE DEAD INDIAN COUNTY ROAD; THENCE
ALONG SAID WEST BOUNDARY NORTH 0° 14' 15" EAST, 781.59 FEET; THENCE NORTH 390 32' WEST, 1770.59
FEET TO A 5/8" IRON PIN LOCATED ON THE NORTHEASTERLY LINE OF TRACT DESCRIBED IN VOLUME 576,
PAGE 172, OF THE DEED RECORDS OF JACKSON COUNTY, OREGON, THE TRUE POINT OF BEGINNING; THENCE
NORTH 150 07' EAST 563.87 FEET TO A 1/2" IRON PIN ON THE SOUTH BANK OF EMIGRANT CREEK; THENCE
NORTH 150 07' EAST 46.13 FEET T A POINT ON THE APPROXIMATE CENTERLINE OF EMIGRANT CREEK;
THENCE FOLLOWING THE APPROXIMATE CENTERLINE OF SAID CREEK AS FOLLOWS: NORTH 400 50' WEST,
326.58 FEET; THENCE NORTH 56° 13' WEST, 97.37 FEET; THENCE LEAVING SAID CREEK,. SOUTH 150 07'
WEST, 86.43 FEET TO A 5/8" IRON PIN ON THE SOUTH BANK; THENCE SOUTH 150 07' WEST 480.13 FEET TO A
5/8" IRON PIN; THENCE SOUTH 150 07' WEST 480.13 FEET TO A 5/8" IRON PIN; THENCE SOUTH 390 32' EAST
445.09 FEET TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
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