HomeMy WebLinkAbout1989-073 Hold Harmless - Zieminski 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 ATTACHED EXHIBIT 'A'
This covenant and agreement is made and executed by the Grantee in consid-
eration 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 16th day of August 1989.
STATE OF OREGON
COUNTY OF JACKSON
STATE OF OREGON
COUNTY OF JACKSON
SS.
SS.
GRANGES: ~) ~.
Personally appeared the above named BERNARD ZIEMINSKI and acknowledged the
foregoing, instrument to be his voluntary ac~ and deed.
~ ..... :;~. Nb%~r~ Public for Oregon
My Commission Expires 12./15./91
EXHIBIT "A"
Commencing at a 5/8" x 30" iron pin, monumenting the Northeast
Sixteenth Corner of Section 14, Township 39 South, Range 1 East,
Willamette Meridian, Jackson County, Oregon, said pin also being
the Northeast corner of tract described in Volume 335, Page 321,
Jackson County, Oregon, Deed Records; thence West, along the
North line of said tract, 126.55 feet, to a 5/8" iron pin, set on
the Westerly right of way line of Interstate Highway No. 5,
thence along said highway right of way line, North 26041'00''
West, 47.01 feet, to the true point of beginning; thence,
continue North 26041'00'' West, along said right of way line,
73.36 feet to a 5/8" iron pin; thence North 26038'49'' West, along
said right of way line, 319.92 feet, to a 5/8" iron pin; thence
North 43°24'07'' West, along said right of way line, 277.76 feet,
to a 5/8" iron pin; thence leaving said highway right of way
line, and running along the South line of a frontage road, as
described in instrument recorded as Document No. 72-00467,
Official Records of Jackson County, Oregon; North 89050'37'' West,
109.63 feet to a 5/8" iron pin, South 74o12'40'' West, 36.40 feet,
to a 5/8" iron pin, and North 89050'37'' West, 26.91 feet, to a
5/8" iron pin, set in the average center line of a creek; thence
along the average center line of said creek; South 04°04'34''
East, 69.52 feet; South 16014'57'' West, 181.37 feet; South 07°
40'02" West, 157.59 feet, and South 06o50'20'' West, 143.14 feet;
thence leaving said average Creek center line and running East,
622.31 feet, to the true point of beginning.
EXCEPTING THEREFROM, that portion conveyed to the State of
Oregon, by and through its State Highway Commission, by Deed
recorded January 11, 1972, as Document No. 72-00467, Official
Records of Jackson County, Oregon.
Jack, on County, O~egor
Recozded
OFFICIAL RECORDS