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HomeMy WebLinkAbout1990-021 Hold Harmless-Nazarene90-1218'7 , HOLD HARMLESS AGREEMENT 1%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 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 church and parsonage 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 30 day of ~?,-i I 1990. STATE OF OREGON COUNTY OF JACKSON ) GRANTEES: ) )ss. ) Church of the Nazarene, Inc. President ecretary Personally appeared the above named individuals and ack,-iow',t-~1§ed ~;-,e fo,-efjo;i,g ;, ,~i-u,,,e.t tobe the voluntary act and deed of the Church of the Nazarene Corporation. ~ / Before me: [ , Notary Public for ~)regon ','! My Commission E[,<~f_e~ ?, . '90-12187 EXHIBIT A TRACT A: Beginn'"ing at a point on the east line of Donation Land Claim No. 45 in Township 39 South, Range i East of the Willamette Meridian in Jackson County, Oregon, which point bears South 0°04' East 417.42 feet from the southeast corner of Lot 47 of ASHLAND ACRES, according to the official plat thereof, now of record; thence West 417.42 feet; thence North 0°04' West, parallel with the east line of said Claim, 208.71 feet to the south line of that tract described in Document No. 70-11377 of the' Official Records of Jackson County, Oregon; thence West, along the south line of said tract, 124.865 feet to the southeast corner thereof; thence South 0°07' East 415.71 feet; thence East 541.92 feet to a point of intersection with the east line of said Claim; thence North 0°04' West, a. long the Claim l~ne, 207.00 feet to the point of be§in~i'ng.' ' - (Code 5-12, Account #1-11431-1", Map #391E10D, Tax Lot #912) TRACT B: Commencing at a point on the east line of Donation Land Claim No. 45 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point bears South 0°04' East 417.42 feet from the southeast corner of Lot 47 of ASHLAND ACRES, according to the official plat thereof, now of record, thence West 208.71 feet to the southwest corner of tract described in Document No. 75-05379 of the Official Records of Jackson Coun'ty, Oregon, the true point of beginning; thence continue West 208.71 feet; thence North 0°04' West 210.06 feet to the south line of that tract described in Document No. 70-11377, said Official Records; thence East, along the south line of said tract, 208.71 feet; thence South 0°04' East 1.35 feet to the northwest corner of that tract described in Document No. 75-05379, said Official Records; thence South 0°04' East, along the west line of said tract, 208.71 feet to the true point of beginning. (Code 5-12, Account #1-11421-4, Map #391E10D, Tax Lot #902) TRACT C: Beginning at a point on the east line of Donation Land Claim No. 45 in Township 39 South, Range i East of the Willamette Meridian in Jackson County, Oregon, which point bears South 0°04' East 208.71 feet from the southeast corner of Lot 47 of ASHLAND ACRES, according to the official plat thereof,, now of record (said point is also the southeast corner of tract described in Volume 516 page 19 of the Deed Records of Jackson County, Oregon); thence South 0°04' East, along said Claim line, a distance of 208.71 feet; thence West 208.71 feet; thence North 0°04' West 208.71 feet to the south line of said tract; thence East, along said line, a distance of 208.71 feet to the point of beginning. (Code 5-I2, Account #1-11427-1, Map #391ElOD, Tax Lot #908) 90'12187 EXHIBIT "A" Continued TPACT D Beginning at a point on the South line of Lot 47, ASHLAND ACRES, in Donation Land Claim No. 45, Township 39 South, Range 1 East, Willamette Meridian, Jackson County,' Oregon, according to the official Plat thereof, now of record, which point bears 208.71 feet West, of a stone monument at the southeast corner of said tract; thence West, along the South line of said tract, 88.29 feet, to the Southwest corner therof; thence North 0~ 0~' West, along the West line thereof, 384.77 feet, to the Southerly line of East Main Street; thence along said street, North 75~ 34' West, 97.15 feet; thence North 89° 33' West, 121.40 feet; thence South 0° 07' East, 557.29 feet; thence East, 303.63 feet.} the.rice North 0" 04' West, 147.36 feet, to the point of beginning. (Code 5-12, Account #1-011435-2, ~ap #391E 10D, Tax Lot #1000) TRACT E Commencing at a point on the East line of Donation Land Claim No.. 45, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oreqon, which point bears South 0" 04' East, 208.71 feet, from the Southeast corner of Lot 47, ASHLAND ACRES, Jackson County, Oregon, according to the official Plat thereof, now of record (said point also being the Southeast corner of tract described in Volume 516, Page 19, Jackson County, Oregon, Deed Records); thence West, .208.71 feet, along the North boundary of said tract, to the Northwest corner thereof, for the true point of beginning; thence North 0° 04' West, parallel with the East line of said Claim, 61.35 feet; thence West, 303.63 feet; thence North 0" 07' West, 557.29 feet, to a point of intersection with the South line of East Main Street; thence North 89° 33'West, along said street line, 30.00 feet; thence South 0° 07' East, 618.875 feet; thence East, 333.575 feet, to the point of beginning. (Code 5-12, Account ~.1-~011430-3, Map #391E 10D, Tax Lot #911) Jackson County, Oregon Recorded OFFICIAL RECORDS KATHLEEN S. BECKETT CLERK and RECORDER