HomeMy WebLinkAbout1989-069 Hold Harmless - Wiley90-01 87
HOLD 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 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 dwelling
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 inure to
the benefit of the City of Ashland and the Airport, their successors and assigns.
STATE OF OREGON ) ~/ G~
County of Jackson )
STATE OF OF~EGON )
County of Jackson ) ss.
Personally appeared the above named ~-~ ~. ~./~
and acknowledged the foregoingS/instrument to be~.~J
voluntary act and deed.
Before me:
N ' for Oregon' -
My Commission Expires: //-/~- ~/
90-01757
A t~act of land situated in Donation Land Clai~ No. 55, the North-
east quarter and the Southeast quarter of Section 24, Township 39
South, Range 1 ~ast of the Willamette Meridian in Jackson County,
Oregon, and being more fully described as follows,
Commencing at a fou~ 1' galvanized iron pipe and bronze cap situated
at the Northeast corner of Donation Land Claim No. 55, said Township
and Range! thence South 89e57'29' West, along the northerly line of
said Claim, (deed r~cord South 89'56*20' West 71.52 feet) 71.52 feet
to the north-northeast corner of that tract of land as set forth in
Volume 567, page 470 of the Deed Records of Jackson County, Oregon,
thence, leaving said CLaim line, South 20'17'29' West (deed record South
20'16~20' West 430.50 feet), along the line of said Volume and page,
430.40 feet, thence South 89'57'26' East (record East 95.94 feet) 95.95
feet to a found 1/2' smooth iron rod, thence continuing South 89'57'
26' East (record East), along the line of that tract of land as set
forth in Volume 567, page 470 of the Deed Records of Jackson County,
.Oregon, 30?.36 feet to th~ true point of beginning; thence continuing
South 89~57~26' East (deed record East), along the line per said volume
and page, 209.92 fee= to a found 3/4' iron rod; thence South 24'24'
59' East (deed record South 24~28' East} 323.67 feet to a found 3/4'
pinched top iron pipe; thence continuing South 24~24'59' East (deed
record South 24'28t East) 0.26 feet to a point in the northwesterly
right of way of Reften Drive; thence South 17'06t20' West (deed record
South 17~06 West}, along said northwesterly right of way, 300.00 feet to
a point which bears south 74'57'48' East 2.07 feet from a found 3/4' iron
rod Witness Corner~ thence, leaving said right of way, North 74'57'48'
West 2.07 feet to a found 3/4 iron rod Witness Corner~ thence continuing
North 74'5?'48' West 146.86 feet to a found 3/4' iron rod Witness Corner;
thence continuing North 74'57~48' West 2..00 feet; thence North 12'39'44'
West 9.91 feet to a found-3/4' iron rod; thence North 72'16'46' West
594.08 feet to a point in the westerly line of that .tract of land as
set forth in Volume 567, page 470 of the Deed Records of Jackson
County, Oregon~ thence North 0t'11'20' East (deed record North 09'11'
East)· 199.36 feet; thence, leaving said westerly line, South 77'46'33'
East 551.745 feet~ thence North 22'30~41# West 294.68 feet to the true
point of beginning.
RESERVING THEREFROM an easement for the purpose of ingress and egress
over and across a strip of land 25.0 feet in width, lying 12.50 feet on
each side of, when measured at right angles therefrom, the following
described centerline:
Commencing at the southeasterly corner of the herein described tract
of land: thence North 17y06'20' East, along the northwesterly right of
way of Reiten Drive, 12.51 feet to the true point of beginning; thence,
leaving said Road right of way, North 74'57'48' West, along said easement
centerline, 46.065 feet; thence along the arc of a 90.00 foot radius
curve to the right, the radial bearings "in and out' are North 15'02'
12" East and South 71'12'22" West (the central angle is 56 degrees 10
minutes and 10 seconds) 88.23 feet; thence North 18'47'38" West 38.05
feet; thence along the arc of a 665.00 foot radius curve to the right,
the radial bearings 'in 9nd out' are North 71'12'22' East and South 77'
47'12' West (the central angle is 06 degrees and 34 minutes and 50
seconds) 76.38 feet; thence North 12o12'48" West 125.17 feet to a
point in the northerly line of the hereinabove described tract of land,
said point being the terminus of said easement centerline. Extend and/
or shorten the sidelines of said easement to close upon the northwesterly
right of way of Reiten Drive and upon the Northerly line of the herein-
above described tract of land, as required.
State ct Oregon, Coulr~y of lackson--SS.
The within m~[rument receive~ and filed at Il ~ ~ o'clock
Recoraed in e~/_dZ~'~',-,_ , .~Zor6~ f~,JaEkson County
Oregon._ !,'~_~ ~} c~_, L~'.J~ r,~?£ounty Clerk.