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HomeMy WebLinkAbout1995-081 Hold Harmless - Rodriguez95-;80305 FIRST PAGE RECORDING RE(; NAME OF TRANSACTION: NAME OF PARTIES: !UIREMENTS PER ORS 205.234 Hold Harmless Agreement Grantor: Joseph M. Rodriguez Mary K. Rodriguez Grantee: City of Ashland DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 %_ TRUE AND ACTUAL CONSIDERATION: $ .00 LOCATION: 39-1E-11, Tax Lot 400 UNTIL A CHANGE IS REQUESTED, SEND Barbara M. Christensen, City Recorder, TAX STATEMENTS TO: 20 East Main, Ashland, OR 97520 (c:\engineer~jcrecord.frm) 95-20305 HOLD 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 ~ r'¢'57M,-,,,~,, 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 .~;~4..~ day of,~c'~¼ ~ 199~. STATE OF OREGON COUNTY OF JACKSON ) ) Type N~,he MA~Y KA~IEN ROD~GUE~J Personally appeared the above named name and name, husband and wife, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: NOtary Public for (3regon My Commission Expir~ ~ s~ ~ ,<~,~.;~AL SEAL 39 1E 11 TAX LOT 4~ ~ ~ ~~IC~F~GON 95-20305 Beginning at the point of intersection of the centerline of Nell Creek with the East line of Lot 9, Section 11, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, which point bears 108.0 feet South of the Northeast comer of said Lot; thence along the centerline of Nell Creek as follows: North 57° 07' West, 198.93 feet; thence North 59° 00' West, 85.80 feet; thence leaving said Creek, South 30° 00' West, 140.54 feet to a point on the Northerly line of East Main Street; thence along said line South 30° 38' East, 613.11 feet to the intersection of said Street line with the East line of said Lot; thence North, along the East line of said Lot 9, a distance of 497.97 feet to the point of beginning. ALSO: Beginning at the Southeast comer of Donation Land Claim No. 48, Toxvnship 39 South, Range I East of the Willamette Meridian, Jackson County, Oregon, said comer also being the Northeast comer of Government Lot 9, in Section 11 in said Township and Range; thence South along the East line of said Lot 9, a distance of 108.0 feet to the center of Neil Creek; thence along said Creek centerline as follows: l'qorth 57° 07' West 198.93 feet; thence North 59° 00' West 135.86 feet; thence North 18" 00' East 79.0 feet; thence North 31" 00' West 206.50 feet; thence North 32.02 feet to a point on the North bank of said Creek; thence South 59° 23' East 435.70 feet to the East line of said Claim No. 48; thence South along said Claim line 270.0 feet to the point of beginning. LESS Ahq3 EXCEPTING THEREFROM the following described properly: Commencing at a point on the East boundary of Donation Land Claim No. 48, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, said point being South 0° 00' 50" East, 2707.77 feet from the Northeast comer of said Claim No. 48; thence to and along the Northeasterly boundary of tract described in Volume 508, Page 73, Jackson County, Oregon, Deed Records (as said tract was found to be monumented with 3/4 inch iron pipes) North 590 23' West 306.33 feet; thence South 39° 32' East 414.22 feet; thence along the East boundary of said Claim No. 48, North 0° 00' 50" West to the point of beginning. EXCEPTING THEREFROM the above described property lying Easterly of the following described centerline description: Commencing at the Northeast comer of Donation Land Claim No. 48, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 00° 00' 02" West along the East line of said claim, 2871.68 feet, to a point on the Northwesterly boundary of the City of Ashland Airport; thence North 39° 30' 53" West (Record North 39° 32' West) along said Northwesterly boundary 63.62 feet to the true point of beginning; thence South 29° 00' West 141.30 feet to a 5/8 inch iron pin witness comer; thence continue South 29° 00' West 109.83 feet to a 5/8 inch iron pin; thence South 37° 59' 10" West 155.47 feet to a 5/8 inch iron pin located on the Easterly right of way of East Main Street, there terminating. Jack:on County, Oregon Recorded OFFICIAL RECORDS ',;UL 2 5 1995 P M KATHLEEN S. BECKETT CLERK and RECORDER By__~_~-~ -- Deputy