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HomeMy WebLinkAbout1999-226 Solar Access - Hoadley; 'J-48370 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEIV, ENT Address of Property Requesting Solar Waiver 980 Beswick Way Ashland Tax Lot # of Property Requesting Solar Waiver 391E15AD2600 Address of Property Agreeing to Solar Waiver' 981 Park St Ashland 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 1 SAD Tax Lot # 2 5 O0 ), 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". 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". 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. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Dated this '~" dayof j ,~ ~,~ , 19~''] . State of Oregon) co.nty of Jackso./. ....... and acknowledged the foregoing instrument to be a volunta~ act and deed. OFFICIAL SEAL Before me: ~ LONNY S SLACK 2 e??n NOTARY PUBLIC - OREGON Notary Public for r COMMISSION NO. 042940 My Commission expires: (;) MY COMMISSION EXPIRES JUNE 21. 1999 Approved '-~-.-< ~ '< / C,, , 19 ' -,-_A,_ i I ~; " Ashland Planning Department 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 NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A (Legal description of property agreeing to solar waiver.) SEE ATTACHED 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.) SEE ATTACHED PARCEL I: Beginning at a , "nt on the East line of Lot 38 in Bellevue Tract in Section 15, Townstup 39 South, Range I East of the /lamette Meridian, Jackson County, Oregon, which point is 100 feet South of the Northeast corner of said Lot; thence North 56° 13~ West, 300.0 feet; thence South 11° 01~ West, 265.21 feet to the Northwest corner of tract described in Volume 326, Page 190, Deed Records of Jackson' County, Oregon; thence East along the North line of said tract, a distance of 300.0 feet to the Northeast corner thereo£; thence North 87.62 feet, more or less, to the point of beginning. Excepting therefrom, beginnirq] at a point on the East line of Lot 38 of Bellevue Tracts in Section 15, Township 39 South, Range I East of the Wi/lamette M eridian in Jackson County, Oregon, which point is 100 feet South of the Northeast corner of said Lot 38; thence North 56° 13~ West, 26.18 feet for the true point of beginning; thence continuing North 56° 13~ West, 44.32 feet; thence South 2° 02~ West, 35.7 feet; thence South 78° 10~ East, 81.59 feet for the true point of beginning. PARCEL II: Beginning at a point on the East line of Lot 38 of Bellevue Tracts in Section 15, Township 39 South, Range I East of the Wir~mette Meridian, Jackson County, Oregon, 100.0 feet South of the Northeast corner thereof; thence North 56° 13~ West, 26.18 feet; thence South 78° 10~ Esst, 22.41 feet to the East line of said Lot 38; thence South, 10.0 feet to the point of beginning. _/ Jackson County, Oregon Recorded OFFICIAL R~cc'e~r~S ~'(~ ;,~7~ C~~~O~NTY CL B 0 Q h ~0 ~V'~ Lu Ij,3