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HomeMy WebLinkAbout1993-059 Hold Harmless-KoftinowHOLD 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 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. DATEDthis /~./~t~ dayof ,~j._~ 1993. STATE OF OREGON COUNTY OF JACKSON ) ) GRANTEE: Personally appeared the above named-C~-~-._Allen Koftinow, husband ¢a¢i~t,=~, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Publi~!~r Oregon My Commission Expires 93-2:]12 inmument recei d and filed o'clock m: the_/_.aT da¥ of LA-54960 Record~ m .,.,~--; Re~r~s f~3ackson Coun~ EXHIBXT A0regon. ~,~;~'~2~ ~', _-~,~-z~"-~un~ Clerk. By . ~-~-,'~.~-'/--'/~ Depu~ Beginning at a point 1443.4 feet South and 25 feet East of the section corner common to Sections 34 and 35 in Township 38 South, Range 1 East, and Sections 2 and 3 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; and running thence East 1306.0 feet, more or less, to the west line of tract described in Volume 210 page 43 of the Deed Records of Jackson County, Oregon; thence South 1170.0 feet; thence South 89°50' West 2963.0 feet to the easterly right of way line of a road; thence North 0°12' West, along said right of way line, 1158.5 feet to an intersection with the southerly right of way line of the County Road; thence East, along the southerly right of way line, 1673.0 feet, more or less, to a point 25 feet East of the Section line between Sections 2 and 3; thence North 20 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion lying within Ashland Acres Road, as set forth in Decree filed in the Circuit Court of the State of Oregon for Jackson County, in Case No. 75-2698-E-1. ALSO, EXCEPTING THEREFROM the following described tract: Beginnin~ at a point 1443.4 feet South and 25.0 feet East of the section corner common to Sections 34 and 35 in Township 38 South, Range 1 East, and Sections 2 and 3 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence East 1306.0 feet, more or less, to the west line of tract described in Volume 210 page 43 of the Deed Records of Jackson County, Oregon; thence South 1170.0 feet; thence South 89°50' West 2172.99 feet; thence North 1°36' West 513.36 feet; thence North 33°06'30" East 489.61 feet to the southerly line of the Talent Irrigation District Canal; thence, along the southerly and westerly line of said Canal, as follows: South 86°13' West 106.90 feet, North 39°44' West 70.72 feet, North 3°47' West 69.66 feet, North 23044' East 126.74 feet to the south line of the County Road; thence North 89o58'44'' East, alon~ said south line, 718.44 feet to a point 25.0 feet East of the section line between said Sections 2 and 3; thence North 20.0 feet to the point of beginning. ALSO, EXCEPTING THEREFROM the followin~ described tract: Commencing at the southwest corner of Lot Three (3) in Section 3 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0°19' East, along the west line of said Lot 3 and the west line of Lot 2 in said Section 3, a distance of 1439.0 feet to the south line of a road known as Jensen Lane, thence South 89°41' East, along the south line of said road, 30.0 feet, thence North 0°19' East 30.0 feet to the north line of said Road, for the true point of beginning; thence South 89°41' East, along said north line, a distance of 1130.0 feet; thence North 0°19' East 30.0 feet; thence North 89~41' West 1110.0 feet; thence along the arc of a 20.0 foot radius curve to the right, 31.42 feet; thence South 0°19' West 50.0 feet to the true point of beginning. ALSO, EXCEPTING THEREFROM the following described tract: Commencing at a point 1443.4 feet South and 25.0 feet East of the section corner common to Sections 34 and 35 in Township 38 South, Range 1 East, and Sections 2 and 3 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Ore~on; thence South 20.0 feet to the south line of the County Road, thence South 89058'44'' West, along said south line, 1661.04 feet to the intersection of said line with the east line of a 30.0 foot road, thence South 0°12' East, along said east line, 1008.04 feet to the true point of beginning; thence continue South 0°12' East, along said road line, 50.0 feet; thence East 50.0 feet; thence North 0°12' East 50.0 feet; thence West 50.0 feet to the true point of beginning. (CODE 5-8, ACCOUNT ~1-11332-3, MAP #391E 3, TAX LOT #2100)