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HomeMy WebLinkAbout1996-174 Solar Access - ACHAshland Community Hospital Foundation ~J6-28374 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT '"7 1/d~ )5/ Address of Property Requesting Solar Waiver .:}.3 Z ,A.I. ~1;11 AI Tax Lot # of Property Requesting Solar Waiver 53'1 I E IJS c~1'f 3 FtI() j41v""&lI7f';.,v VIeW /2&r/;t!~"'164-', c~",.,~ Address of Property Agreeing to Solar Waiver 5"1 E /1-'. /I-~~/;; The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstructior of their solar access rights described in Chapter 18.70 of the Ashland Municipal Code on that portior of property in Township 39, Range 1 East, Section "5 /)~ (Tax lot #39'" ), further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that buildabl( space shown on Exhibit "B" and the City of Ashland Is Indemnified and shall be held harmless for any damages resulting tc any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. jVt' _ Dated this J-). -- day of fi Ur:;, J S I J 19 9t? . , ,- /l5//{/I)J~ CCYJl//!t/A/;'T,/ /ltJ5PIJ7JL fat'ia/Tt)!) -;: y Prop rty Owner / , r State of Oregon ) County of Jackson ) ~ d~ h Property,O'Nner ~t-~/O&I'JT' ,19 9~ ~. and acknowledged the Personally appeared the above named foregoing instrument to be a voluntary act and deed. Before me: JJ.~ ~. ~ Notary Public. for Oregon ~_ OFFICIAL SEAL . :. ; GLENDA D. COLE ;~ \" ...... NOTARY PUBLlC-OIIEGON '00 . COMMISSiON NO. 025405 r~~~MISS_'ON EXPIRES JULY 23. 1997_) My Commission expires: tJ7--bl3 - 97 This document recorded on the deed of the aforementioned property owner(s) by the Office of the Jackson County Recorder this day of , 19 '-- County Recorder ****************************************************************************************** Approved ,19_ Ashland Planning Department PAGE I-SOLAR WAIVER AGREEMENT(p:plnnning\.olnr.wvr)(9192) ICode ~-l, Account #1-005611-1, Map #391E05DA, Tax Lot #4200). 96!'-28374 .' _ TRACT 0: From the point of intersectlon of the easterly slde I1ne of North ~ain Street, in the City of Ashland, Jackson County, Oregon, with the west side line of Donation Land Claim No. 40, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, measure South 28012' East, 61.8 teet, along said street line, to the southwest corner of Lot 1, BlOCK 13, in the City of Ashland, Jackson County, Oregon, aocording to the Official 1888 Plat thereof, now of record; thence North 61048' East, 200 feet; thence North 28Q12' West, 120 feet; thence South 61048' West, 100 feet, to the point of beginning; thence continue South 61Q48' West/ 100 feet, to an intersection with the easterly side line of North Main Street, thence South 28012' East, along said street line, 45 feeti thence North 61048' East, 100 feet; thence North 28012' west, 45 feet, to the point of beginning. (Code 5-1, Account #1-005609-8, Map #391E05DA, Tax Lot #4000) TRACT E: Beginning at the southwest corner of Lot 1, BlOCk 13, in the City Of Ashland, Jackson County, Oregon, aocording to the Official 1888 Plat thereof, now of record, said corner being South 28012' East 61.8 feet, from the intersection of the easterly line of North Main Street, in said city, with the west line of Donation Land Claim No. 40, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon: thence North 610481 East, 200.0 feet; thence No~th 28012' West, 120.0 feet; thence South 610481 West, 200.0 feet, to the easterly line of said North Main Street; thence South 28"12' East, along said line, 120.0 feet, to the point of beginning. eXCEPTING THEREFROM the following: Commencing at the southwest corner of Lot 1, Block 13, in the City of Ashland, Jackson County, Oregon, according to the Official 1888 Plat thereof, now of record, said corner being South 28012' East, 61.8 feet, from the intersection of the easterly line of North Main Street, with the west line of Donation Land Claim No. 40, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence North 61048' East 200.0 feet; thence North 28012' West, 120.0 feet; thence South 61u48' West, 100.0 feet, to the true point of beginning; thence continue South 61048' West, 100.0 feet, to the easterly line of North Main Street, said City, thence South 28012' East, along said line, 45.0 feet; thence NOrth 61048' East, 100.0 feet; thence North 28012' West, 45.0 feet, to the true point of beginning. 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