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HomeMy WebLinkAbout1997-152 Solar Access - Avery ' ~ CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 2560 Eagle Creek Lane Tax Lot # of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver: 2565 Eagle Creek Lane 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, Range 1 East, Section /'~ (Tax lot # ~ ), 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. acknowledged by the undersigned. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is Property Owner State of Oregon ) ~ County of Jackson ) x~~ O~4--~..(-~-L..~' Personally appeared the above named KEITH AVERY foregoing instrument to be a voluntary act and deed. Before me: ~ OFF~C~*L SEAL and acknowledged the / N~t~ry Public for Oregon My Commission expires: ?/'¢/~ '¢',~ 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 1-SOLAR WAIVER Lot Five (5) in EAGLE CREEK SUBDIVISION in the City of Ashland, according to the official plat thereof now of record. (Code 5-1, Portion Account #1-8232-5, Map #391E14C, Portion Tax Lot #200) NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A (Legal description of property agreeing to solar waiver.) EXHIBIT B (Plot plan of both the property requesting solar waiver and the property agreeing to the waiver. The plot plan must show, on the requesting property, the specific building(s) and shadow(s) cast by such building(s) and, on the agreeing property, the buildable space affected.) PAGE 2-SOLAR WAIVER ~ ~ . ;. ~- \ I ~ .. . ~ , ; ..~..~ ~ ~ , .. I / ~ ' ' 't ':.:~;," ' I1~/:~ ~::/.""., ,., .'::7 ~ .:.......;/-:,:/.-.:,,,