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HomeMy WebLinkAbout1995-059 Solar Access-Schoeul.95--02701 CITY OF ASHLAND 'l,' SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver 350 High Street Tax Lot # of Property Requesting Solar Waiver ~ffO0 Address of Property Agreeing to Solar Waiver Z,5'g H ir,,~ ,517. 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 ,,~'Pp (Tax lot #.~00), 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. Dated this -..~ day of '/r~o~~w her State of Oregon ) County of Jackson ) ~-~ ,~ , ,19¢J ,~ Personally appea~ed the above named ~~ ~:,~~ ~,.. .~~~~~ ~ ~ ~ ~an~ ~n~wle~ged the Toregoing instrument to be a volunta~ act and deed. Before me: ~ Notae Pu~r'Ure~on My Commission~ This dooument reoorded on the deed of the aforementioned prope~ owner(s) by the Offioe of the dackson Coun~ Reoorder this ~ day of , 19 County Recorder Approved , 19 PAGE i-SOLAR WAIVER AGR~,EMENT~:¢~.mg~so~a~.~)¢/9~) Ashland Planning Department ELIZABETH SCHOEUL NOTE: THE FOLLc, WING EXHIBITS MUST BE A'!-rA~HED TO THIS DOCUMENT: EXHIBIT A (Legal description of property agreeing to solar waiver.) EXHIBIT B (Plot plan of both the prqperty 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 th~ agr.seing property, the buildable space affected.) PAGE 2-SOLAR WAIVER AGREEMENT~:p..,%,~o~.~w,)(w92) 95-0 701 Commonly' known as 358 High Street, Ashland, OR Tax Lot 3800, Towns' P 39, Range 1E, Section 5 · ,-crlpt~on of the tro¢l' o~ le.d"~lic~-i'~-the ,ubj~.¢, ef ,hi, rep~',: PAnCEL 1:. Beginning at the Southwest corner of Lot ~, Block 14 in ~-~e city of ~hl~d, Jackson Sooty, Oregon; ~ence-East~rly along the Sou~ beldam] line of Lot 8, a distance of 115 fe~t; thence I~c~h, parallel. to the East side line of A~ond Street, 67 feet, more or !ess, to ~a ~orth boundary line of said ~t 8; thence %~aster!y along ~e. Northerly line of said Lot 8, a dist~ce of 115 feet to ~e ~ast side line. of A~ond Street; .~ence South along ~e side line of Al~nd Street, 67 feet, more or less, to th~ point of begi~ing. ~SS ID~D EXCEPTI%:G THEREFROM the following: Beginning at a point cn the North bo%%ndary line of Lot B in Block 14 in the City of Ash- land, Jackson Co%~nty, Oregon, which said point is 115 feet Easterly frcm the North%~ost corner' of Lot 8; thence. Southerly, parallel to the East lin~ bf High Street' (formerly Almond Street), to the cen- terline of Lot -.8: thence North to the North line of Lot 8, parallel to the West lane of North ~&ain Street; thence Easterly along th~ North line of Lot 8, 12-1/2 feet to the place of beginning. P3:RCEL 2: Beginning at a point. on the South boundary line of Lot t, Block 14 in .the City of Ashland, Jackson County, Or~gon, which said point' is 115 feet-Easterly from the Southwest corner of Lot 8; thence North, parallel to the East line of High Street (formerly Almond Street), to the centerline of Lot 8; thence Southerly, paral- lel to th~ West line o~ North Main Street to th~ South line of Lot 8; thence Westerly.along thG South line of Lot 8, 12-1/2 feet to the place of beginning. Code 5-'1 Account 391E 5DD Tax Lot 3800 95--0Z701 ~ .... . Jackson County, Oregon Recorded OFFICIAL RECORDS JAN ~ I 1995 ,4 M