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HomeMy WebLinkAbout1993-062 Hold Harmless-Bruce 93-;~62158 HOLD HARMLESS AGREEMENT /'.~,, D 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 construction of a single family residence 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 C~ ~ '~''~ day of STATE OF ~ COUNTY OF JACKSON SS. 1993. Robert C. Bruce ~rffestine M. Bruce Personally appeared the above named Ernestine and Robert Bruce, husband and wife, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon ~ ........ ~ My Commission Expires ./'~-/~ ~'/~Tj ~ JOAN SO~I [ 93-2625S Exhibit A Beginning at the Northeast comer of Donation Land Claim No. 48, in Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence North 00° 01' 01" East, along the West line of Donation l.and Claim No. 49, to a point that is 195 feet South of the Noflh line of said Section 11 and the tree point of be~nning; thence North 00° 01' 01' East, along the West~line o~. said Donation ~I.~[r~d. Elaim No. 49, a distance of 700 feet, more or less, to a 5/8 inch by 24 inch iron pin; thend.~'~orth 89° 58' 59" West, 1360.00 feet, more or less, to a 5/8 inch by 24 inch iron pin; thence South 00~ 02' 17" East, 950 feet, more or less, to a 5/8 inch iron pin; thence South 89° 34' 13' West, 137.42 feet to a 2 inch brass cap; thence South 00° 00' 50" East, 518.96 feet,~more or less, to a~5/8't~ch iron pin and the North terminus of the East fight of way line of East Hills Drive; thence South along said East right of way line, 1978.55 feet to a point in the Northerly right of way line of East Main Street; thence South 69° 51' 10" East along said right of way line 63.92 feet to 'the Southwest comer of the land described in Document No. 75-08976, Official Records of Jackson County, Oregon; thence North 00° 00' 50" West along the boundary line common to the land described in Document Nos. 66-09089, 66-09090, 74- 15557 and 75-08976, said Official Records to the Southwest comer of the land described as Parcel 1 in Document No. 81-06043, said Official Records; thence Northerly along the West line of said land to the Northwest comer thereof; thence South 89° 58' 59" East along the North line of said land, 1296.12 feet to the true point of beginning. ~__93-26255 .............