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HomeMy WebLinkAbout1990-029 Hold Harmless - DavisHOLD HARMLESS AGREEMENT /O, OO 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". 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 a residence at 478 Fordyce Street 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 ~ ~Z/~,~ 1990. STATE O ~-~'¢'-'~-~ ) ) , , ¢ ) SS. COUNTY OF~-~~-,-~'~'j' ) GRANTEES: Richard F. Davis Patricia O. Davis Personally appeared the above named Richard F. and Pa, tricia O. Davis and acknowledged the foregoing instrument to be their voluntary act and deed. ~¢~'~ LULA CORNELIUS [ Not,Wy Public for California <]<~/~r."z~.~.,~_.~.~.,,,~ NOTARY PUBLIC .ALAMEDA COUNTyCAL!FORNIA K ~ My/Commission Expires ~ ".'~ ~"~'~0" ~''~ 90-14597 EXHIBIT "A" The East 350.0 feet, as measured along the South line of the here described property, to-wit: Beginning at a point on the East line of Donation Land Claim No. 43, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, said point being North 0' 11' East, 1434.20 feet, from the intersection of the East line of said claim with the Northerly line of the County Road (East Main Street, in the City of Ashland, Oregon, extended); thence North 89' 49' West, 1035.50 feet, to a point which bears South 89°49' East, 700.0 feet, from the East line of Mountain Avenue; thence North 0'11' East, 824.50 feet; thence South 64' 05' East, 205.30 feet; thence South 76'43' East, 874.30 feet, to the East line of said Donation Land Claim No. 43; thence South 0' 11' West, along said claim line, 532.~0 feet, more or less, to the point of beginning. Jackson County, Oregon Recorded OFFICIAL RECORDS JUN 1 2 1990 KATHLEEN S. BECKETT ~., ~ERK and RECQI~DER