HomeMy WebLinkAbout1988-020 Hold Harmless-Gentry~-09704
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
consideration of the City of Ashland having no objection to the
CONSTRUCTION OF TWO BUILDINGS 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 MAY 1988.
STATE OF OREGON
COUNTY OF JACKSON
ss.
Harold T. 'G~ntr~
STATE OF OREGON
COUNTY OF JACKSON
SS.
Personally appeared the above named Harold T. Gentry and acknowledged
the foregoing instrument to be their voluntary act and deed.
Before me:
N~o~ary Public for Oregon
My Commission Expires ~57,~-ff
85-09704 E XU I "A"
TRACT A:
Beginning at a point on the west line of Donation Land Claim No. 53 in
Township 39 South, Range I East of the Wfl]amette Meridian in Jackson
County, Oregon, which point bears 1100.0 feet North of the inside Ell
corner of said Claim; thence North, along said Claim line, 1003.4
feet; thence South 73°23' East, along the southerly line of Emigrant
Creek Road, 486.83 feet; thence South 864.18 feet; thence West 466.5
feet to the point of beginning. EXCEPTING THEREFROM the following:
Beginning at a point on the west line of Donation Land Claim No. 53 in
Township 3!) South, Range 1 East of the Willamette Meridian in Jackson
County, Oregon, which point bears 2103.4 feet North of the inside Ell
corner of said Claim; thence South 73°23' East, along the southerly
line of Emigrant Creek Road, 240.03 feet; thence South 306.36 feet;
thence West 230.0 feet to the west line of said Claim No. 53; thence
North, along said west line, 375.0 feet to the point of beginning.
Also, EXCEPTING THEREFROM that portion lying within the following
described tract: Commencing at a 1" galvanized iron pipe (set in
concrete) with bronze cap, locating'the inside Ell corner of Donation
Land Claim No. 53 in Township 39 South, Range I East of the Willamette
Meridian in Jackson. County, Oregon, thence North 0°14'15'' East, along
the west line of said Claim, 1098.64 feet (record 1100.00 feet),
thence South 89°44'04'' East 160.37 feet (record East. 159.00 feet), to
a 3/4" iron pipe for the true point of beginning, (being the northwest
corner of tract described in Volume 548 page 357 of the Deed Records
of Jackson County, Oregon); thence South 89044'04'' East, along the
north line of said tract, 770.26 feet to a ½" iron pipe at the
northeast corner thereof; thence North 0°15'56'' East 100.00 feet to a
5/8" iron pin; thence North 89°44'04'' West 790;76 feet to a 5/8" iron
pin: thence South 11°19'04'' East 102:08 feet to the true point of
beginning. Also, EXCEPTING THEREFROM the following: Commencing at a
1" galvanized iron pipe (set in concrete) with bronze cap, locating
the inside Ell corner of Donation Land Claim No. 53 in Township 39
South, Range i East of the Willamette Meridian in Jackson County,
Oregon, thence North 0°14'15'' East, along the west line of said Claim,
1098.64 feet, thence South 89°44'04'' East 160.37 feet to a 3/4" iron
pipe, the true point of beginning, and the northwest corner of'tract
described in Volume 548 page 357 of the Deed Records of Jackson
County, Oregon; thence North 11°19'04" West 102.08 feet to a 5/8" iron
pin; thence North 89°44'04'' West 109.92 feet to the easterly right of
way line of Dead Indfan County Road; thence South 0°14'15'' West, along
said right of way line, 100.0 feet; thence South 89°44'04' East 130.37
feet to the true point of beginning.
(Code 5-4, ,Account #1-11578-7, Map #391E12, Tax Lot #800)
TRACT B:
Commencing at the inside Ell corner of Donation Land Claim No. 53 in
Township 39 South, Range 1 East of the Willamette Meridian in Jackson
County, Oregon, thence North 0°14'15'' East, along the centerline of
t~e Dead Indian Road, 1934.80 feet, thence South 89°45'45" East 30.DO
feet to the true point of beginning; thence North 0°14'15" East 12¢.34
feet; thence along the arc of a 20.00 foot radius curve right {the
long chord of which bears North 53°36'45" East 32.10 feet) 37.26 feet
to a point 30.00 feet Southerly of'the centerline of the Emigrant
Creek Road; thence South 73°00'45" East, parallel with and 30.00 feet
from said centerline, 181.9~ feet: thence South 0°14'15" West 91.05
feet; thence North 89°45'45" West 200.00 feet to the true point of
beginning.
(Code 5-4, Account #1-11581-9, Map #39IE12, Tax Lot #803)
Jockson Coun~,, O~egon
Recozdecl
OFFICIAL RECORDS
MAY 2, 3 1988 lVL
KATHLEEN S. BECKETT
CLERK and RECORDER