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HomeMy WebLinkAbout2016-074 Solar Access Waiver - Kleiman Properties -di tT Y OF i T Jackson County Official Records 2016-010832 -ASHLAA1~IL~ R-A Cnt=1 SHINGLJS O4/1 2/201 6 01:52:58 PM Grantor: $15.00$10.00$500$800$11.00 Total:$73.00 Property Owner: Kleiman Properties, LLC $20.00 $4.00 Property Owners Address: P.O. Box 1295, Ashland, OR 97520 Grantee: 11111111111111111111111111 1111 Property Owner: Kleiman Properties, LLC 01710932201600108320030036 Property Owners Address: P.O. Box 1295, Ashland, OR 97520 I. Christine Walker. County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk After Recording Return To: City of Ashland City Recorders Office 20 East Main Street, Ashland, OR 97520 Unless a change is requested all taxes shall be sent to: For County Use Grantor AGREEMENT - SOLAR ACCESS WAIVER Planning Action # PA-2015-00619 Address of Property Requesting Solar Waiver: 669 Clay Street Ashland OR 97520 Tax Lot # of Property Requesting Solar Waiver: 39 1 E 14BB Tax Lot #1400 Address of Property Agreeing to Solar Waiver: 667 Clay Street Ashland OR 97520 Legal Description of Property Agreeing to Solar Waiver: (See Attached-Exhibit A) The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39 South, Range 1 East, Section 14 BB, Tax Lot #1400, 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 buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to 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. Property Owner(s) Agreeing to Solar Waiver: Gavin Kleiman for Kleiman Properties LLC Signature Date Signature Date State of Oregon ) County of Jackson On this. day of ~e before me personally appeared,' ~C L whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executed the same. OFFICIAL STAMP Not Public for Oregon Commission Expiration Date LAURIE A. MILLER NOTARY PUBLIC-OREGON COMMISSION NO. 941242 W COMMISSION EXPIRES JULY 2k 2019 r~ Appr Date OFFICIAL SEAL ~ ~ c-9'n ~ U i-v -4, ©/~v CAROLYN MARIENE SCHWENDENER NOTARY PUBLIC-OREGON COMMISSION NO. 476064 q ~ MY COMMISSION EXPIRES MARCH 20, 2017 ~~~-Lt" S.\Surveys\925-15\Solar Waiver Agreementdocx 12123/2015 f72# &01*7yt~,ex- 004v-o- ,.4 A e7 - 17 LAND SURVEYING, LLC EXHIBIT "A" LEGAL DESCRIPTION - SOLAR ACCESS WAIVER AREA KLEIMAN PARTITION PARCEL 2 - 667 CLAY STREET, ASHLAND ASSESSOR'S MAP NO. 39 lE 14 BB, Tax Lot 1400 A portion of that tract of land described within Instrument No. 2003-071605 of the Official Records in Jackson County, Oregon, for a solar access waiver, lying situate within the Northwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian in the City of Ashland in said County, being more particularly described and bounded as follows, to wit; Commencing at the Northeast corner of Parcel 1, Partition Plat No. P-76-1994, recorded on August 2, 1994 in Volume 5, Page 76 of the Partition Plat Records in Jackson County, Oregon, and filed as Survey No. 14115 in the office of the Jackson County Surveyor, thence South 00°03'02" East, along the east line of said described Parcel 1, a distance of 51.05 feet; thence North 89°49'55" West, 33.62 feet to the Point of Beginning; thence continuing North 89°49'55" West, a distance of 30.00 feet; thence North 00°03'02" West, 26.50 feet; thence South 89°49'55" East, 30.00 feet; thence South 00°03'02" East, 26.50 feet to the Point of Beginning. Containing 795 square feet, more or less. Prepared by: REGISTERED PROFESSIONAL Shawn Kampmann LAND SURVEYOR Professional Land Surveyor I II,-Polaris Land Surveying LLC 1AW lzEGCa P.O. Box 459 Y 14, 1998 Ashland, Oregon 97520 CS hl2883L S l',4~I (541) 482-5009 Renewal Date: 6/30/17 Date: December 31, 2015 S:\surveys\925-15\Kleiman Partition Parcel 2 Solar Waiver Legal.docx P. 0. Box 459, Ashland, Oregon 97520 Phone: (541) 462-5009 Fax: (541) 466-0797 Mobile: (541) 601-3000 www.polarissurvey.com ~ ~y ~t\VC>-ws~ ~ ~ a a elf C, ~ .1 SQ OL'J ~ v ~ i r i~ 1 i. 1~ 7 1 t APP 2015 ~Sb - 37.'5)' ' i 20 I rye 4 4~)o ~r~►~ -14P5-5