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HomeMy WebLinkAbout1992-029 Hold Harmless - MillerHOLD HARMLESS AGREEMENT 92-0707~ SS /£ /2_ //6 '* 5.o© 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 installation of a single family residential mobile home 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 [~::::~ day of .~~ 1992. STATE OF OREGON COUNTY OF JACKSON ) GRANTEE: )ss.) ~'n~§~.Millerlll Personally appeared the above named James C. Miller III, and acknowledged the foregoing instrument to be his voluntary act and deed. Before me: -~"~-~ ..... Notary Public for Oregon My Commission Expires Jackson County, Oregon Recorded OFFICIAL RECORDS _'~ ..,..2/- ~..j- MAR I 6 1992~. M. / ; / KATHLEEN S. BECKETT EXHIBIT A Commencing at the Northeast corner of Section IZ, Townahll) 29 South,Raflgsl Eels of the WIIIomettl MlrldlQn~ JacXson Counfy,Orsgon~ thaacl South 2$°~7'lS"Wlst 15Z2.00 feet to a 5/8';ronpln lot the InltJel Point of Beglflning~ thence South~}o~5'20'Wlll ZlO.73flltt fhlflClSOufh24°41' Welt 550.09 feet; thence South IOO~'Wllf 274.57fnlt; 599.Z0 flat~ thlnClSOUth?oOos'Eaet 255.00flit; 54.69folf~ thence South 700 ~5'Eoat ]49.07feet; 43.90 feet ; thence South 40o~5'We~t 540.7~feet~ thence South 7° 55' East thence South 55° 45'Eels thence South 28°lS'Euat thence North 74° IO'Eolt th. anco South IZ°OO'Ealt 17S. Ofeet marcor lain, to the South bank of Emigrant Creek~ thence Welterly along laid South bonk~ 477. Ofeet more or leas,to a point on t he E alt boundary of the tract deacribed in Volume 182 , Page 579 of the Deed RlCordl of dachloa CaulS),, Oregon; thence North along told Eaet boundary, 160.Ofeetmorsorlaal, to the Northeoet corner thereof; thence Welt alan9 the North boundary of su~cl tract, 767.0flit more or leaa~ to the Northwest corner thereof; thence North along the Eoet boundary of Government Lot No.6 of Section I:), laid TOwnlhlp and 5.%7.8 feet more or ~el8, to a point which beare South 5~.00 feet from the Northeaet oorner of laid lot no. 6~ thence North ~5o~'weet 610.3 feetmoreor lell~ to o point on the North boundary of sold lot ~.6 ~hich bears West ~.~ feet from the Northealt corner of said lot no.6~ thence West along theNorth boundary of said lot no. 6 and the South boundary of Donation Land Claim No. 1487. Ofeet marcor les8,~o the Southea8terty right of way of Dead Indian Rood~ thence Northerly along 8o*d right of way, 147. Ofee~ more or leilt to a point ~lch bears South 85°~8'lO'Wett from a I/Z'iron pipe~ thenceNorth85°~8'lO'Eatt 280.0 feet marcor leto to 8oldl/2"iron plpe~ thence North66OOS'25"E Git 262.~8 feet tog I"lron pepe~ thenc* North ~1°08'10"~ 46~.60feet~oa S/8'lron gini thence North6~°O2'40'West Z69.~9feet to o 5/8'iron pin~ thence North ~O°~6'55"Wett 178.5?feet toe 5/8'iron ~in ~ thence North 61°09'Wett 7~.~0 feet to ~he Southeasterly right of way of Dead indian Rood~ thence along told right of way a~foHowt: No,th ~4°48'40'Eatt 965.04 feet~ thence along the arc ufa 208.7]foot rQdtul eurve to the right (the Ion~ chord bears NorthS6°~2 East 154.51feet) t58.~lfeet~ thence North 78°lS'30'East 133.8~ feet~ thence leaving said right of woy, South 18°O0'45'Eatt 552.00 feet to o S/8"iron pin; thence North 77°46'50"East 341.4Zfeet to a 5/8'iron pin~ North89°l~'l~"Eatt 4i3.89feet to o S/8'iro~ pln~ thence South7Z°Z7*SS'Eost 35~.67 feet tO the point of beginning. lO NG CORPORATION 2,5 30 AIRPORT HOFUZON~i=A.~ SURFACE ~9 ,~3 28 AIRPORT PLANNING · ENGINEERING · MANAGEMENT san francisc0 bay area 23, EFU F.5 ~R 568.0 North 500.00 I SURVEYOR CERTIFICATE I~Gaorgn R. Burrell~ a duly Registered Protneeionol Land gurvnyar of tho State of Oregon, hereby oertlfy that this plat oorreotly ropreeanfa a properly monumuntad Survey made by mu of parcel no.I only (parcel no.2 plotted from rucord), and the following iea description of the tract herein pQrtitlonnd: Commencing of the Northealt corner of Saotionl2, TownshipS9 South, Range I Eout of the Willamette Meridian, Jackson County,Oregon ~ thence South23°37'll"West 1522.00 feet to a S/8"ironpin tar the Initial Point of BeginningI thence South35O$5'20"Weet 210.75feat~ thnnneSouth24°41' Wast 350.09 feet; thence South 10o56'West 274.57feat', :599.20 feet% thence South 70eOB'East 235.00feet~ 54.88faatl thence South 70o 33'East 349.07feet ~ 268.35feetl thence South53O:50"East 258.00feet; 43.90 feet ; thence South 40o35'Wast 340.73feet; thence South 7a 33'East thence South 55°45'Eaut thence South :~8°lS'Eust thence North 74°lO'Eaat thence South 12°00'East 175.0feet mortar less, to the South bank of Emigrant Creek~ thence Westerly along said South bank~ 477.0feat more or lees,to u point on thc East boundary of the tract described in Volume 182 ,Page :579 of the Deed Records of Jackson County, Oregon; thence Northalong eaid East boundafy~ 160.O feet more or lust, to the Northeast corner thereof; thence West along the North boundary of lard tract~ 767.0feet more or lees, totheNorthwest corner thereof; thence Norlh along the East boundary of Government Lot No.6 of Section 12, said Township and Ra~Oe, 337. S feet more or leist to a point which bears South 500.00 feet from the Northnnut corner of Said lot no. 6 i thence North :53°O0'Weet 610.:5 feet more or leal, to o point on the North boundary of said lot no.6 which bears Watt :550.00 feet from the Northeast namer of said lot no.6; thence Watt along theNorth boundary of said lot no. 6 and the South boundary of Donation /and Claim No. 50, 1487.0 feet more or less, ~a the Southeasterly right of way of Dead Indian Road; thence Northerly along auld right of way, 147.Ofnut more or lues~ to a point which blare South 85°:58'lO"West from a I/2"iron pipa~ thencnNorth85°:58'lO"Eout 280.0 feet mortar lest to euidl/2"iron pipe~ thence NorthG6°OS'25"Eaet 262.38 feet to o I'lron pipe% thence North 51°08'10"E 465.60foot to o S/S'iron pln~ thence North6$°O2'40'Wust 269.29feet to a 5/8'iron pin% thence North :50°36'55"West 176.STreet to a 5/8"iron pin % thence North 61°09'Watt 7:5.50 feet rathe Southeaeterly right of way of Dead Indian Road~ thence along said right of way aafoHowe: North 34°48'40'East 965.04 feet; thence along the arc of u 208.73 toot radius ourve to the right (the long chord boors North 560:52 '05" East 154.51fuet) 158.28feet', thence North 78°15':50"Ea ut 13:5.83 feat ~ thence leaving said right of way, South 18°O0'4S"East 552.00 feat to o 5/8;'iron pin; thence North 77°46'SO'East 341.42feet to a 5/8"iron plnl thence North 89°13'13"East 41:5.89feet to a 5/8"iron pin~ thence South 72°27'SS"Eost 333.67 feet to the point of beginning. WATER RIGHTS appurtenant hereto are recorded in Certificate No. 15924 of the "Rogue River Decree".