HomeMy WebLinkAbout1995-024 Noise Easement - Mahin.}o-0~0~ CITY OF ASHLAND
NOISE EASEMENT AND WAIVER OF OBdECTION TO NOISE
ASHLAND MUNICIPAL AIRPORT
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Owner name: Helen Mahin, Owner address: .
The undersigned, referred to in this document as "Owner" whether singular or plural,
owns or is the vendee under a recorded land sale contract of real property in Jackson
County, Oregon, which is described in the attached Exhibit A and referred to in this
document as "the property."
Owner has sought development approval on the property and the Ashland Municipal
Code requires Owner to sign an agreement with the City agreeing that airport noise is
likely to increase in the future and that the Owner waive all rights to complain about
airport noise. This document when signed by Owner represents Owner's agreement
complying with the Ashland Municipal Code.
In consideration of the issuance of the development approval, either by the City of
Ashland or Jackson County, Owner declares and agrees that noise may be caused by
the operation of aircraft landing at, or taking off from, or operating at or on the
Ashland Municipal Airport and that such noise may increase in the future. Owner shall
not protest or bring suit or action against the City of Ashland and shall indemnify and
save the City of Ashland, any operator or manager of the Ashland Municipal Airport
and any pilot or aircraft owner, their officers, agents, and employees from any and all
claims, actions, costs or other damages resulting from the noise described above, or
any increase in such noise. Owner further agrees that the property shall be held, sold,
and conveyed subject to the above covenants, conditions and restrictions, which shall
constitute covenants running with the land and shall be binding on all parties having
any right, title or interest in the property or any part, their heirs, successors and
assigns.
Owner has signed this document on the
day of \:~:.b ~ ,,,'.,, ~ 1995.
Owner
STATE OF OREGON
COUNTY OF JACKSON
Owner
This instrument was acknowledged before me on ,)_-.e-b by
and
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· /':'.., .,4'.
N6t'a~ PuNic for Ore~n
My commission expires' : / .:~( 5'~'
PAGE 1-NOISE EASEMENT (p:airport\nois~.E.s)
95-050S5 39 1E Sec. 03 tax lot 1900
EXHIBIT A
C~_ncing at the Scu~ corner of ~t Lot 3, in Section
3, Township 39 South, Range 1 East of the Willamette Meridian in
Jackson County, Oregon; thence North 0°19' FAst, along the West
line of Governnent Lots 2 and 3, a d~tance of 1439 feet to the
South line of Jensen T~ne; thence along said ]~ne South 89"41' East
30.0 feet to the true point of beginning; thence along said line
South 89°41' East, 312.0 feet; thence South 0"19' West, 245.0 feet;
thence North 89°41' West 312.0 feet; thence North 0°19' East 245.0
feet to the true point of beginning.
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
/,-/_./&FEB 2 4 1995 ? M
KATHLEEN S. BECKETT
,/~.CLERK and RECORDER