HomeMy WebLinkAbout1996-123 Noise Easement - Murray
96-30256 CITY OF ASHLAND
NOISE EASEMENT AND WAIVER OF OBJECTION TO NOISE
ASHLAND MUNICIPAL AIRPORT
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Owner name: Donald Murray & Nancy Murray
Owner address:
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The undersigned, referred to in this document as "Owner" whether singular or plural,
owns or is the vendee under a recorded land sale contract of real property in Jackson
County, Oregon, which is described in the attached Exhibit A and referred to in this
document as "the property."
Owner has sought development approval on the property and the Ashland Municipal
Code requires Owner to sign an agreement with the City agreeing that airport noise is
iikeiy to increase in the future and that the Owner waive all rights to complain about
airport noise. This document when signed by Owner represents Owner's agreement
complying with the Ashland Municipal Code.
In consideration of the issuance of the development approval, either by the City of
Ashland or Jackson County, Owner declares and agrees that noise may be caused by
the operation of aircraft landing at, or taking off from, or operating at or on the
Ashland Municipal Airport and that such noise may increase in the future. Owner shall
not protest or bring suit or action against the City of Ashland and shall indemnify and
save the City of Ashland, any operator or manager of the Ashland Municipal Airport
and any pilot or aircraft owner, their officers, agents, and employees from any and all
claims, actions, costs or other damages resulting from the noise described above, or
any increase in such noise. Owner further agrees that the property shall be held, sold,
and conveyed subject to the above covenants, conditions and restrictions, which shall
constitute covenants running with the land and shall be binding on all parties having
any right, title or interest in the property or any part, their heirs, successors and
assigns.
Owner has signed this document on the ~ ~ of q t{ , IJ.$ f- . 199L
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Owner
STATE OF OREGON
COUNTY OF JACKSON
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This instrument was acknowledged before me on>!..1-,/f;{; by / J/iy>. . .,
and 1/) \".,~ '-j D 1 '~r .. Y't //1. \ { y;' ':' .~
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_OFFICIAL SEAL
....: JANIECE A. NEWELL
\ ..i NOTARYPUBLfC-OREGON
". ,.' COMMISSION NO.028617
MY COMMISSION I;xftlAIS NOV, 21,1Q117
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PAGE 1-NOISE EASEMENT (p:8irport\nois8.E8S)
96-30256
Exhibit A
Commencing at a point on the line between the East and West Halves
of the SouthwestaQuarter of Section 11 in Township 39 South, Range 1
East of the Willamette Meridian, Jackson County; Oregon, which point
bears 29.85 chains North of the ,Southeast corner of the Southwest
Quarter of the Southwest Quarter of said Section; thence North 59°
53' West 498.0 feet; thence North 200.0 feet to the true point of
beginning; thence North 100.0 feet; thence North 89°53'' West 150.
feet to the East line of Clay Street; thence South 89°53' East
150.0 feet to the true point of beginning.
Recorded
OFFICIAL RECORDS
P V 7 1996
???unty Clark
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3?s ?.ti ? lc?B Boa
CITY OF ASHLAND
NOISE EASEMENT AND WAIVER OF OBJECTION TO NOISE
ASHLAND MUNICIPAL AIRPORT
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Owner name: Owner address:
The undersigned, referred to in this document as "Owner" whether singular or plural,
owns or is the vendee under a recorded land sale contract of real property in Jackson
County, Oregon, which is described in the attached Exhibit A and referred to in this
document as "the property."
Owner has sought development approval on the property and the Ashland Municipal
Code requires Owner to sign an agreement with the City agreeing that airport noise is
likely to increase in the future and that the Owner waive all rights to complain about
airport noise. This document when signed by Owner represents Owner's agreement
complying with the Ashland Municipal Code.
In consideration of the issuance of the development approval, either by the City of
Ashland or Jackson County, Owner declares and agrees that noise may be caused by
the operation of aircraft landing at, or taking off from, or operating at or on the
Ashland Municipal Airport and that such noise may increase in the future. Owner shall
not protest or bring suit or action against the City of Ashland and shall indemnify and
save the City of Ashland, any operator or manager of the Ashland Municipal Airport
and any pilot or aircraft owner, their officers, agents, and employees from any and all
claims, actions, costs or other damages resulting from the noise described above, or
any increase in such noise. Owner further agrees that the property shall be held, sold,
and conveyed subject to the above covenants, conditions and restrictions, which shall
constitute covenants running with the land and shall be binding on all parties having
any right, title or interest in the property or any part, their heirs, successors and
assigns.
Owner has signed this document on the
COUNTY OF JACKSON dav of Kq tkS , 1996
STATE OF OREGON
Owner
Owner
This instrument was acknowledged before me on by
and
? L OFFICIAL SEAL
JANIECE A. NEWELL
NOTARYPUBLIC - OREGON 'Notary Public for Oregon
COMMISSION N0.028617 i.4s „oFP6s;5€ i N E-x;ilIFIC-1 NOV 21, 1807 My commission expires: ?" -
PAGE 1-NOISE EASEMENT („ airport 4noise Ess?
Exhibit A
Commencing at a point on the line between the East and West Halves
of the Southwest Quarter of Section 11 in Township 39 South, Range 1
East of the Willamette Meridian, Jackson Counts' Oregon, which point
bears 29.85 chains North of the Southeast corner of the Southwest
Quarter of the Southwest Quarter of said Section; thence North 89°
53' West 498.0 feet; thence North 200._0 feet to the true point of
beginning; thence North 100.0 feet; thence North 89°53`'West 150.0
feet to the East line of Clay Street; thence South 89°53' East
150.0 feet to the true point of beginning,