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Home My WebLink About1987-035 Easement- Veterans Affairs$7-254:g$ /I : ql APPROACH AND CLEAR ZONE EASEMENT This indenture entered into this ~o ~1 day of ~3c~, 1987, by and between the State of Oregon, represented and acting by the Director of Veterans Affairs as fee owner, and Trenton S. Douglas and Michaele E. Douglas, husband and wife, as contract purchasers, hereinafter jointly referred to as Grantors and the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter referred to as Grantee. The Grantors, for and in consideration of the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), the receipt of which is hereby acknowledged, do hereby grant unto the Grantee, its successors and assigns, a ~er~et~al and assianab!e easement over and across the followinq described parcel of land. lyinq within. the Southeasterly approach area~ as ~ere~aftard~scribed~ of Runway 30 of the Ashland Municipal Airport - Sumner Parked'Field, situated in the County of Jackson, State of Oregon, and which is the Southeasterly approach area and clear zone and is described as follows: Commencing at the inside ell corner of Donation Land Claim No. 53, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South, 1,102.26 feet; thence East, 412.92 feet to a 5/8-inch iron pin situated on the Northeasterly right of way line of Oregon State Highway No. 66; thence along said right of way line North 34°40'35'' West, (record North 34°30'West) 61.89 feet to a 5/8 inch iron pin; thence leaving said right of way line North 4~ 07'25" East, along that boundary line by agreement recorded as Instrument No. 71-14428 of the Jackson County Deed Records, 325.86 feet to a 5/8 inch iron pin situated at the terminus of said boundary agreement line; thence North 50°04'31'' West (record North 48042' West) 76.99 feet; thence North 08~38'00'' West (record North 09~00' West), 414.23 feet to the True Point of Beginning;~thence continue North 08038'00'' West, 733.49 feet to that boundary line by agreement recorded as Instrument No. 79-27006 of Jackson County Deed Records; thence along said boundary agreement line North 89052'30'' East, 110.36 feet to the Northeasterly line of the Southeasterly Approach Area for the Ashland Municipal Airport-Sumner Parker Field; thence along said Northeasterly line, South 44023'22'' East, 836.19 feet to the Easterly boundary of that tract of land as described in instrument No. 80-02287 of Jackson County Deed Records; thence along said Easterly boundary South 00°24'58'' East, 127.88 feet; thence leaving said Easterly boundary, West, 586.13 feet to the point of beginning containing 6.652 acres more or less. I I 'TI APPROACH AND CLEAR ZONE EASEMENT Page Two The Grantors agree that they, their heirs, successors and assigns shall not hereafter erect, nor permit the erection of any structure or other object within that portion of the above described land to a height above the approach surface as said approach surface is hereinafter described. The Grantors further agree that the Easement and rights hereby granted to the Grantee in and over the Southeasterly approach area are for the purpose of insuring that said Southeasterly approach area shall remain free and clear of any structure, tree or other object which is or would constitute an obstruction or hazard to the flight ef aircraft in landing and taking-off at the said Ashland Municipal Airport-Sumner Parker Field; that these rights shall include the following: The continuing and perpetual right to trim trees or any other perennial growth which extends into the southeasterly approach surface as hereinafter described, said trimming to be permitted to the extent that it will prevent the intrusion of such growth into the approach surface for a period of one year. No tree shall be totally removed without the express permission of the Grantors. The Grantors shall be held harmless and blameless in any operations performed by the Grantee which might cause damage to persons or property as a result of the execution of the rights of this easement. The right of ingress to and egress from, and passage over the land of the Grantor for the above purpose. The Grantor shall be notified prior to commencing work and shall be informed as to the action to be taken. It shall be understood that access across the Grantor's property may not be possible during certain times of the year due to the~presence of ground water over the property. For the use and benefit of the public, the right of flight for the passage of aircraft in the airspace above the South- easterly approach surface together with the right to cause in said airspace, such noise, vibrations, dust, fumes and fuel particles as may be inherent in the operation of aircraft landing at or taking off from, or operating at or on said Ashland Municipal Airport-Sumner Parker Field. The Southeasterly approach surface is a trapezoidal plane with a slope of 20 to 1 (one foot of elevation for each twenty feet of horizontal distance) beginning 200 feet southeasterly of the runway threshold at an elevation of 1882.75 M.S.L. and with a width of 250 feet (125 feet on each side of the projected runway centerline). The approach surface extends for 5000 feet ter- minating with a width of 1250 feet (625 feet on each side of the projected runway centerline) at an elevation of 2132.75 M.S.L. as delineated on Exhibit "A" attached hereto. 'TI 8'7-25428 APPROACH AND CLEAR ZONE EASEMENT Page Three TO HAVE AND TO HOLD such easement and all rights appertaining thereto unto the Grantee, its successors and assigns, until said Ashland Municipal Airport-Sumner Parker Field shall be abandoned and shall cease to be used for public airport purposes. IT IS UNDERSTOOD AND AGREED that these covenants and agreements shall run with the land and shall be bin~ing upon the heirs, administrators, executors, successors and assigns of the Grantors. IN WITNESS WHEREOF, The Grantors have hereunto set their hands and seal this 20th. day of November 1987. DIRECTOR OF VETERANS' AFFAIRS Manager, Tax Unit Title STATE OF OREGON ) : SS County of Marion ) ,,,,,~,[~ei7 onally appeared the above named Randal R. Basl, Manager~ Tax Unit .~.~.~i~..act on behalf of the duly appointed, quelifie'd and acting Director .~%.'~."~/~'~it~/..~.fa'~rs, and acknowledged the foregoing instrument to be his %~;'- ......-' ~ .~' : Notary Publ ~ c for Oregon ~'%~}.~ o,~*~ .... ~on expires: "?~'~ITNESS WU[REOF, The~rg_~ro have h~reunto~set the~nds and seals th~s ~O~day of ~u~~7. I ! 'TI 87-25428 APPROACH AND CLEAR ZONE EASEMENT Page Four STATE OF OREGON ) : SS County of Jackson) Personally appeared before me, a Notary Public in and for said County and State, the above named Trenton S. Douglas and Michaele E. Douglas, husband and wife, acknowledged the foregoing instrument to be their voluntary act. _._1-3-IN WITNESS WHEREOF, I have hereunto set my hand and seal thi.s~ ~~,,day of Notary Fubl~c ~or uregon o;/;FO~ Q%%h/. My Co~ission Expires {/-g-7/ · ! I APPROACH ZONE AREA AT SOUTH END OF RUNWAY SUMNER PARK FIELD ASHLAND MUNICIPAL AIRPORT TO ACCOMPANY APPROACH AND CLEAR ZONE EASEMENT Count~, O~egon Recoxded OFFICIAL RECORDS DEC ? SCALE: I 1981 ELEVATION LIMITS I ~ 1970~~ II 1950..,~' I I 1920_.~.." , I I I I 1~65' DEAD INDIAN ROAD [ EL. 1900.11 EXISTING GROUND AT NOTES HORIZONTAL I"= 500'~ VERTICAL I"= 50 O' ..... S ~,F.C~T~,r['T 2 HATCH LINES INDICATE APPROACH AREA EASEMENT ~T.P~[~,'O,~I([ :~},[/COP~)'~'R P RCEL. ~ l~~De~ut¥5. TOTAL AREA OF EASEMENT- 6.652 ACRES. I? /,~ TOWNSHIP 59 SOUTH '1 RANGE I EAST EXHIBIT A I ~ ~ , , , DATE:,,,, ~E PT. ,,,,,,,,, 9 87