HomeMy WebLinkAbout1992-061 NoiseWaiver-Hutchinson9 -14 46
CITY OF ASHLAND
NOISE EASEMENT AND WAIVER OF OBJECTION TO NOISE
ASHLAND MUNICIPAL AIRPORT
10. O0
Owner name:
Frank & Oeanette Hutchinson
IOwner address:
150 Ma.ywood t4ay, Ashland, OR 97520
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 baused 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 __
STATE OF OREGON
COUNTY OF JACKSON
// day of ,,¢¢v¢~/ ,1992.
//Owner / '
me on ~Y,,~,~by
This instrument was ackn. owled~ged, before
~ ~:~' ~. :~' My commission expires:
PAGE 1-NOISE EASEMENT ~:~J[po~noise. Eas)
92-14546
Exhibit A
Beginning at a point on the south line of Donation Land
Claim No. 53 in Township 39 South, Range 1 East of the
Willamette Meridian in Jackson County, Oregon, which
point is 821.62 feet West of the southeast corner thereof;
thence West, along said Claim line, 300.0 feet; thence
North 467.0 feet; thence East 300.0 feet; thence South
467.0 feet to the point of beginning. EXCEPTING THERE-
FROM the East One-half as conveyed to Charles A. Grandon
vt ux, by deed recorded Januar~ 26, 1965 in Volumc 5~!
page 68 of the Deed Records of JackSon Comity, Oregon.
(Code 5-4, Account ~1-11677-5, Map #391E13D, Tax Lo~ ~1500)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS