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HomeMy WebLinkAbout1988-019 Hold Harmless-WeisingerHOLD 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 ATTACHED 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 BUILDING 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 ~~ 198~ . STATE OF OREGON ) GRANTEES: ) ss. ) John D. Weisinger, Jrq~ COUNTY OF JACKSON ) STATE OF OREGON COUNTY OF JACKSON SS. Personally appeared the above named John D. WeiSinger, Jr. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public fo~ My Commission Expires ~-~ EXHIBIT "A" YAKLhL 1: Also, that tract or parcel of land situated in the Northwest Quarter of Section 24, Township 39 South, Range 1 East of the Willamette Base and Heridian, Jackson County, Oregon and being more fully described as follows: Commencing at s found 1 inch diameter galvanized iron pipe with s bronze cap monumenting the Quarter corner common to Sections 23 and 24, said Township and Range; thence North 1,157.31 feet and East $84.39 feet to a 5/8 inch iron pin situated on the Southwesterly right of way of U.S. ili~hway'No. 99 for the True Point of Beginning; thence leaving said rknht of way, South 4S°~8'07'~ We!t...iQi.ll..(t!t..!q,.~ $/a inch iron pin; thence North ~5043'09" kest, 39.77 feet to a 5/8 inch iron thence North ~7'14'25" West, 132.50 feet to I $/J inch iron pin; thence continuing North 37'14'~$" West, 10.0 feet, more or leas, to the North- westerly boundary line of Volume 148, Page 390 of the Deed R~cords of Jackson County, Oregon; thence North $~40'40" East (D.R. North East) 69.15 feat, more or less, to tho most Southerly corner of that tract of land described in Volume Il0, Page 6~ of the Deed Records of Jackson County,Oregon; thence continuing North $Z°40'40'* East (D.R. North S1'~0' ~ast) 561.6~ feet to n point on the Southwesterly rtiht of way of U.S. Highway No. 99; thence along the ar~ of s spiraled curve to the right (the centerline spiral values are: length of spira! · 400 feet, SoZ°00* and a-0.ZS) the chord bears South ~7'~8'~'' East, 96.40 feet to the point of beglnnini. PARCEL II: Beginning at a point on the Southerly line of the Right of Way of the Oregon-California Railroad Company, South $8*$0' East, 4.15 chains from a point 9.44 chains South and i chain East of the corner common to Sections 1~, 14, 23 and 24, in Township 39 ~outh, Range 1 East of the Willamette ~eridian, Jackson County, Oregon, th·nco South 38'30' East along the Right of Way 5.85 chains; thence South 51030' West 10 chains; thence North ~8"$0~ West 5.85 chains; thence North 51'$0! East l0 chains to the point of beginning. ALSO: Beginning at a point 20.40 chains South and ~.$0 chains East of the corner common to Sections 15, 14, 23 and 24, Township $9 South, Range I East of the Willamette Neridian, Jackson County, Oregon; thence South 51°$0~ West S.00 chains; thence South $8'$0~ East 4.00 chains; thence North S1'$0~ East 5.00 chains; thence North $8'~0~ West 4.00 chains to the point of beginning. ALSO:. Beginning at the Northeast corner o£ tract of land described in Volume 45, Page $6, Deed Records, Jackson County, Oregon; thence North-Si'S0~ East S chains and g links; thence Southeasterly along the Right of ~a~ of the Ore~on-California Railroad Company, 4 chains; thence South SI'S0s ~est $ chaxns; thence North ~8'$0~ ~est 4 chains to the point o£ beginning. EXCEPTING THEREFRON a strip of land 100 feet ~ide conveyed to the State of Oregon, as.described in Deed recorded December 7, 193S, in Volume 204, Page 655, of the Deed Records of Jackson County, Oregon. Jockson County, CYteg~n Recorded OFFICIAL RECORDS put ~