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HomeMy WebLinkAbout1990-055 Hold Harmless-FergusonHOLD HARMLESS AGREEMENT /o, co 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 storage 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 September 1990. STATE OF OREGON COUN'T'Y OF JACKSON ) ) GRANTEE: Personally appeared the above named Wayne F. Ferguson and Mary Jaque Mann, husband and wife, and acknowledged the foregoing instrument to be their voluntary act and deed. otary Public for Oregon My Commission Expires WAYNE F. FERGUSON MARY JAQUE MAHN 90-24997 EXHIBIT A Beginning at a point which bears South 13.43 feet and West 5280.82 feet from the section corner common to Sections 35 and 36 in Township 38 South, Range 1 East and Sections 1 and 2 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, said point also being on the southeasterly right of way line of Pompadour Drive as described in deed recorded as No. 68-09164 of the Official Records of Jackson County, Oregon; thence, along said southeasterly right of way line, North 0°24'27" East 2.64 feet; thence along the arc of a 95.42 foot radius curve concave to the right 128.48 feet (the long chord bears North 38°58'49" East 118.99 feet); thence North 77°33'12" East 300.59 feet; thence along the arc of a 1362.46 foot radius curve concave to the left 149.22 feet (the long chord bears North 74°24'57" East 149.14 feet); thence North 71°16'42'' East 127.38 feet; thence along the arc of a 285.39 foot radius curve concave to the right 215.86 feet (the long chord bears South 87°03'11" East 210.75 feet); thence South 65°23'03'' East 412.89 feet; thence along the arc of a 287.22 foot radius curve concave, to the right 89.43 feet (the long chord bears South 56°27'52" East 89.07 feet); thence south 0°12'43'' East 0.37 feet; thence South 89°37'28" West 1292.81 feet to the point of beginning. (Code 5-2, Account #1-9637-1, Map #381E35, Tax Lot.#702) (Code 5-4, Account #1-74399-1, Map #381E35, Tax Lot #702) Jackson County, Oregon Recorded OFFICIAL RECORDS OCT 2 KATHLEEN S. BECKETT CLERK and RECORDER ~~Deputy