HomeMy WebLinkAbout1995-039 Noise Waiver - LitwillerGENE LITWILLER
9S-11543
CITY OF ASHLAND
NOISE EASEMENT AND WAIVER OF OBJECTION TO NOISE
ASHLAND MUNICIPAL AIRPORT
Owner~_~ame: /~ ~
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 _~ da~, of ,~~' , 1995.
Owner
STATE OF OREGON
COUNTY OF JACKSON
This instrument was acknowledged before me on
~)y
~ OFFICIAL SEAL
I ~-{j~-----a,,:~ KATHY A. KNOX
~.';~..~ NOTARY PUBLIC - OREOON
~ COMMISSION NO. 0005729
i -- f4Y COMMISSION EXPIRES MAY 4,1995
Notary F~J3tic for Oregon
My commission expires: n~Y¢,
PAGE 1-NOISE EASEMENT (p:airport\noise. Eas)
.~,%-.11543
Exhibit A
**::!*. --'-~ .........
~their heirs and assigns, the real property situa~d ~ the
~'.Co"u~tyof Jackson Stateof.Oregon, pa~icularlydesc~bedas followm to wit~
'~'~ ~..*:.Commencing at the South-Southwest corner of Donation Land Claim
~T~wn~hip 59 South, Range 1 ~ast, W~llamette Meridian, Jackson County, Oregon;
thence'East 425.70; thence Nort~ 0 00*50" West along the East Boundary of J
that:~tract described in ¥olume 11~ page 643 o£.Deed 'Records*'o£ Jackson
O~egbn for a distance of 484.98 feet to the Northeasterly boundary of East -
Main~ Street; thence along said Street boundary N~rth 59°51t10" West, 0.8~
£eet*;'thence along said Street boundary North 65 27~50'*. West, 111.78 feet;
t~ence. 59.98 feet along the arc o~ a curve le£t (which 'arc has a radius o£
'3~.00"feet and a long chord of North 57°15~40" East~: 50.48 feet);; thence
~orth 0°00~50" West, 19,28 feet to'a 5/8" iron pin for .the true point of be~
iinning; thence North 65°27~50't West,i 296.13 feet; thence North 52°18~50"
West'~ 279.50 feet; thence North..15~05.~50" East,' 199.94 feet; thence South
76°59~10" East, 449.97 feet; thence South 0000*50" East, 385.55 feet to the
true point of beginning, containing 3°42 acres, more or less..
ALSO the right of ingress and egress over and across the following
described tract, to-wit:
Beginning at the true point of beginning of the hereinabove described
3.42 acre parcel; thence North 65°27'S0" West& 296.13 feet; thence North
52°18' 50" West, 279.50 feet; thence South 15 05'50" West, 64.98 feet to th~
Northeasterly boundary of East Main Street; thence along said Street boundary,
South 52°18~50" East, 261.46 feet; thence along said Street boundary, South
65°27~50" East, 283.76 feet to a S/8" iron pin; thence S9.98 feet along the
arc of a curve left (which arc has a radius of 30.00 feet and a long chord
of North 57°15~40" East, 50.48 feet); thence North 0°00~50" ~est, 19.28 feet
to the true point of beginning. .
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
14AY::O 21995
KATHLEEN S. BECKETT
CLERK and RECORDER
Ref. 39 1E tax lot 1206