HomeMy WebLinkAbout1988-034 Hold Harmless-ToneyHOLD HARMLESS AGREEMENT
ERV TONEY CONSTRUCTION CO., INC., an Oregon Corporation,
hereinafter referred to as "Convenantor", hereby covenants and agrees
for itself and its successors and assigns, that they will not protest
the operations of the adjacent golf course nor make any claim nor file
any suit or action with respect to damage that may result from golf balls
or other golf course activities. The Covenantor and its successors and
assigns agree to hold the City of Ashland and its officers, agents and
employees harmless with respect to any claim or damage made by or suffered
by anyone while on their property and with respect to golf balls or any
other thing which in any way relates to the operation of the golf course.
The real property of Covenantor subject to this agreement is
situated in the County of Jackson, State of Oregon, and described as
follows:
The real property fronting on Oregon State Highway No. 66
known as Code 5-1, Account #1-11629-9, Map #391E13B, Tax
Lot #2101, more particularly described in exhibit A attached
hereto and made part hereof.
This covenant and agreement is made and executed by the
Covenantor in consideration of the City of Ashland granting a Planned
Unit Development use permit for Covenantor's use and development of
the above-described real property.
This covenant and agreement is intended to be binding upon the
Covenantor, its heirs, successors and assigns and inure to the benefit of
the City of Ashland and its successors and assigns.
DATED this /~__day of June, 1988.
COVENANTOR: ERV TONEY CONSTRUCTION CO., INC.
STATE OF OREGON )
: SS.
County of Jackson )
The foregoint instrument was acknowledged before me this f43 day
of June, 1988, by !. ~"A./~ ~ ~Cc , President of ERV TONEY
CONSTRUCTION CO., '~C. ~-~ a~- Or~g6n C~r~Tation, on behalf of the
Corporation. J
RONALD L. SALTER
ATTORNEY AT LAW
94 THIRD STREET
ASHLAND, ~REG~N 9752~
HOLD HARMLESS AGREEMENT
Notary Public for 0re'g'~'n
My Commission Expires
SS-1313G
L-33529
EXHIBIT "A"
Commencing at the brass cap monument marking the corner common to Sections
11, 12, 13 and 14 in Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon, thence South 00°02'01'' West 449.74
feet, along the west boundary of said Section 13, to a 5/8" diameter iron
pin for the true point of beginning; thence leaving said west boundary
South 58°29'49" East 300.00 feet to a 5/8" diameter iron pin; thence North
43°17'33" East'130.O0 feet to a 5/8" iron'pin; thence South 38°42'51" East
445.00 feet to a 5/8" diameter iron'pin; thence North 51017'09" East'150.O0
feet to a 5/8" diameter iron pin on the westerly right of way boundary of
Oregon State Highway 66; thence North 38°42'51" West along said westerly
boundary 744.15 feet to a point of curve; thence along the arc of a 686.20
foot radius curve to the left ~the long chord to which bears North
43°52'47" West 123.57 feet) a distance cf 123.74 feet to the most easterly
corner of Lot 93 of GREENSPRINGS SUBDIVISION, EXTENSION No. 1, according to
the official plat thereof now of record; thence, leaving said westerly
right of way boundary, South 45°08'46" West, along the southeasterly
boundary of said subdivision (record South 45008'35'' West) 266.78 feet to
the west boundary of said Section 13; thence South 00°02'01" West 166.00
feet to the point of beginning.
(Code 5-1, Account #1-11629-9, Map #391E13B, Tax Lot #2101)
Jockson County, O~egon
Recoxded
omcm,. zco r s
JUL 5 lg88/ ,lVL
KATHLEEN S. BECKETT