HomeMy WebLinkAbout1997-138 Hold Harmless - AinsworthHOLD HARMLESS AGREEMENT
KNOW ALL MEN BY THESE PRESENT that the undersigned, hereinafter referred to as Grantees
(whether singular or plural), hereby covenant and agree that they shall not, by reason of their
ownership or occupation of the following described real property, protest or bring suit or action against
the Ashland Municipal Airport or the City of Ashland for aviation related noise, property damage or
personal injuries resulting from activities at or connected with the Ashland Municipal Airport when such
activities conform to the then existing rules and regulations of said airport and the applicable federal
air regulations and no negligence on the part of said airport is involved. The real property of Grantees
subject to this covenant and agreement is situated in the county of Jackson, State of Oregon, and
described as follows:
See Exhibit "A". (legal description of property)
This covenant and agreement is made and executed by the Grantee in consideration of the City of
Ashland having no objection to the construction of a single family residence for Grantees use, which
real property is located in the airport concern area of the Ashland Municipal Airport. The execution
of this covenant and agreement by Grantees is recommended by the City of Ashland. This agreement
is executed for the protection and benefit of the Ashland Municipal Airport and the City of Ashland
interest in said airport and to prevent development in adjacent lands to said airport which will interfere
with the continued operation existent and development of said airport. This covenant and agreement
is intended to be binding upon the Grantees, their heirs, assigns and successors and insure to the
benefit of the City of Ashland and the Airport, their successors and assigns.
DATED this '~dayof ~"'"~¢~/~.~(.
1997.
STATE OF OREGON
COUNTY OF JACKSON
)
)
Sidney Ainsworth
Personally appeared the above named Sidney E. Ainsworth, sole owner, and acknowledged the
foregoing instrument to be his voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission Expires %.
OFFICIAL SEAL
TONYA L ANDERSON
NOTARY PUBLIC - OREGON
COMMISSION NO. 044852
MY COMMISSION EXPIRES JUNE 22, 1999
9;?-45577
94-26697
Commencing at the northeast corner of Donation Land Claim No. 48 in
Section 11, Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon; thence North 00°01'01" East
along the west line of Donation Land Claim No. 49, a distance of
224.69 feet, more or less, to a 5/8" iron pin at the northeast
corner of that tract described in instrument recorded as No.
93-39863 of the Official Records of Jackson County, Oregon for the
true point of beginning, said point being 195.00 feet South of the
north line of said Section 11; thence North 00'01'01" East, along
the west line of said Donation Land Claim No. 49, a distance of
700.00 feet, more or less, to a 5/8" x 24" iron pin at the
southeast corner of that tract described in instrument recorded as
No. 91-04760 said Official Records; thence North 89'58'59" West
1355.87 feet (record West 1360 feet more or less) along the south
line thereof, to a 5/8" iron pin at the southwest corner of said
tract; thence South 00°02'17" West (record South 0'00'50" East)
along the east line of that tract described in instrument recorded
in Volume 561 page 249 of the Deed Records of Jackson County,
Oregon, 934.73 feet to a 5/8" iron pin found set for the
east-southeast corner of Scenic Hills Memorial Park, according to
the official plat thereof, now of record in said County; thence
continue along said claim boundary, South 89°32'45" West, 137.44
feet (record 137.59 feet) to the inside ell corner on the easterly
boundary of said Memorial Park; thence South 00°02'56" East 518.51
feet (record South 0°00'50" East 518.96 feet) to a 5/8" iron pin
found set for the south-southeast corner of said Memorial Park
(also being the northeast corner of East Hills Drive as conveyed to
Jackson County by instrument recorded in Volume 568 page 46, Deed
Records of said County); thence continue South 00°02'56" East
(record South 0°00'50" East) along the east line of said road,
1978.55 feet to a point on the northerly line of East Main Street;
thence South 69°51'10" East along said northerly line, 63.92 feet
to a 1-1/4" iron pipe at the southwest corner of Parcel No. 1
described in instrument recorded recorded as No. 75-08976 said
Official Records; thence along the westerly line of said tract, and
the westerly lines of those tracts described in instruments
recorded as No. 73-05910 said Official Records, Parcel No. 1 of No.
87-20730 and No. 93-39863 said Official Records the following
courses and distances (record North 0°00'50" West North and
Northerly): North 00°02'56" West 2126.93 to a 5/8" iron pin, along
the arc of a 393.94 foot radius curve to the right 217.33 feet (the
long chord bears North 15°50'34" East 214.58 feet) to a 5/8" iron
pin, North 31°38'50" East 92.33 feet, along the arc of a 206.65
foot radius curve to the left 114.01 feet (the long chord bears
North 15°50'34" East 112.57 feet) and North 00°02'17" East 234.75
feet to a 5/8" iron pin at the northwest corner of said tract
described in instrument recorded as No. 93-39863 said Official
Records; thence South 89'58'59" East along the north line thereof,
1296.12 feet to the true point of beginning.
(Code 5-2, Account #1-67791-3, Map #391Ell, Tax Lot #901) R~
!OFFICIAL ?.ECOP, D5
\ JUL 2 0 -1994
KATHLEEN S. BECKETT
3ackson County, Oregon
Recorded
OFFICIAL RECORDS
DEC 0 5 1997
'~OUNT¥ CLERK