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HomeMy WebLinkAbout1999-187 Solar Access - JarvisJarvis CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver Tax Lot # of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver / / The undersigned, for themselves, their heirs, successors an~/~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 I East, Section ~¢,.A.A (Tax lot # ~l~2), further described by legal description in the attached Exhibit "A". .-'~ The undersigned certify and agree to the following: 1. This agreement shall be binaing 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. Dated this A%t' day of The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is 19 44 , , / · Prop State of Oregon ) , County of Jackson ) z".Zi-..p"Lc- ('- Personally appeared the above named the foregoing instrument to be a voluntary act and deed. Before me: ~. a dged Public for Oregon My Commission expires: 'y/-~,-D;z_ 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 ~f: 2 ,. ~..¥ .-; ~.-:.-> __ .'.:1 Ashland Planning Department PAGE 1-SOLAR WAIVER AGREEMENTCp:p~ar, ning\so~ar.~vr) lg/92) NOTE: THE FOllOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A (Legardescription 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 AGREEMENT!p:planning\solar.wvr) (9/92) 99-35039 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That BRIAN H. 3ARVI , hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto DENNIS E. JARVI & JULIE A. jARVI , hereinafter qalled grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Jackson , State of Oregon, described as follows; to wit: Co:mncncing at the intersection of th<' Northerly line of Church Street, xv]th the Westerly line of High Street, in the City of Ashland, Jackson (~uunty, Oregon, a{;cording to the Offic~,~] 1888 Map thereof; thence >]{_.,rthwestcrly, a]t.~ng the Westerly 1.4:~{~ ,~f ]ligh Street, 87.0 feet, more or less, to an [~tc:r~ctfon with thc~ [~ouLheasterly line of tract ct~nveyed to J,nmc~; i1. Russell, by dce~t recorded in Volume 4, Page 453, ,7,,cksoll Collllty, CI_'c,joll, Dec,.d Record:;; th,~llce continue along the West- ,~rl':' l..i.~c Of I~igh Street, in a No~Lt~wc,.~t:,:rly direction, 58.5 feet, to the true point of begironing; thence 5outI~westerly, parallel to the Southeasterly line of said Russell Tram:t, 125.0 feet, more or less, to the Westerly line thereof; thence NorLhwof;ter!y, along the Westerly L :_he of said Russe.]]_ Tract, 58.5 fe{~t, t.o the Southurly line of an alley; thence Northeaster]y, alo~g the S~,utherly line of said alley, 125.0 feet, more or less, to the West_{~rly line of said High Street; ~licnce Southeastcr. ly, along said lin~, 52.5 feet, to the true point of i3~,J LnTx~ ng. '1~ ~ave and to hold the same unto the said 9rantee and 9rantee's heirs, succes~rs and assigns ~orever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ NONE- · In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals.' In Witness Whereof, the grantor has executed this instrument this 2nd day of February , 19 84 ; if the undersigned is a corporation, it has caused its corporate name to be signed by its officers duly authorized by order of its Board of ~ Jo~v'sen Counl~, Oregon vt ,~-O:~-!J!~~ ~; 90 Re~ded ) , "' . JUL 3 1985 ~ ~ ) ~:~d~' : ';'- ~THLEEN S. BEC~TT : ~~ ~d RECORDER !\,~~ \~' L (,'1 T (f> -j ~ m m ~~ ~9-J5099 fT. k,;,~~, -- -t- . ~_-i!!~C_ , ,0"I-I;( --- -- 1'- ". '" <'l' ""'" H:wd ~- 3Sf'OH lN3J'7r0'1 L: // / ,01. '"I 3 l '1:) S Nvld 311S I 000t lOl XVi V'1'<i 31 ,,<;; d\1W S,~S3'>S\l' NO,,) 3 !j 0 . 0 N '1 l H S \l' '1:1:1 ~ 1 S H t) 1 H >:II CdH! 3NIl A1~3d0<*! ----\ ,[<;1.1 00,,<;; lOl X\11 '7It'<i 31 ,,<;; d11'W S,~S3'>S'1 NO,) 3 dO' 0 N \l' l H S '1 '1:1 3 d 1 S H ") I H LII ~ Jackson County, Oregon Recorded OFFICIAL RECORDS JUl 0 1 1999 / /.' O~~ ~\ J_L'/ \;x!~ ~TY CLERK