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HomeMy WebLinkAbout1998-086 Solar Access - Grove98-31698 ~- CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver 11 68 Ashland Mine Road Tax Lot # of Property Requesting Solar Waiver 1 000 Address of Property Agreeing to Solar Waiver 11 70 North Main Street 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 5 (Tax lot # 600 ), 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. Dated this C~day of The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is / / Property Owner Property Owner State of Oregon ) County of Jackson ) 0t , 19 c~") Personally appeared the above named foregoing instrument to be a voluntary act and deed. Before me: i~' ~,L- ' --~-~, ,~,~a ',{' ~ ~¥;~ ~*tr:.E:' & HAMILTON :~,, .~ x[~t.~ ,, , ,, ~ ,~ 040903 ~! and acknowledged the Notar¥'.f'ublic for Oregon My Commission expires: i - oq.~ This document recorded on the deed of the aforementioned property owner(s) by the Office of the Jackson County Recorder this ~ day of , 19~ SANDRA GROVE and BERNARD GROVE DESCRIPTION Pile No. 2650g 98,-3169 A tract or pares1 o~ land, situated in the Northwest quarter of Section 5, Toumship 39 Sou~hs Ran~e I g~t~ W~l~ette ~erid~n~ ~kson ~ounty, Oregon, and be~ mor~ fully described ae lolleel Commencing ace 1" 8slvanized iron pipe, with a 2-1/2" diameter bronze cap, monumenting the section corner ccm~non to Sections 31 and 32, Township 38 South, Range ! East, ~d ge~tioxls 5 and 6, T~hip 39 South, Rsm~e 1 East, Will.errs Her~dian, Jackson Co~ty, Oregon; thence South, 578.7i feet, ~d Bast, 1703.05 feet, to s 1-112" ~alvanized iron pipe, satired on the Sout~esterly ri~t of way o~ North Ma~ Street, a; n~mon~ted, a~d the true 55" ~ast (Deed ~aord S~th 43" 26' Eaat~ 76.57 feet), 76.92~ feet, to a 5~8" i~on p~; thence ~th 69" 48' 55" East (Deed Record ~ou:h ~9~ 40' East)~ 2.605 fast, to a 518" iron p~[ thence South 40e 23' 53" West~ 86,07 ~eet, to intersect a bo~d~y agre~ent, recorded as Inet~ent No. 75-15347, O~ficial Records o~ Jacke~ Co~ty, O~eBoul thence ~o~th 66~ ~' 45" West, alon~ said abreast li~, 82.695 fee2, ~o a [~n~ 1/2" Balv~ized iron P~! thence ~orth 40' 23' ~3" East, 117.87 feet, to the t~ po~t of beginn~g. (39-1E-05~A, TL 600)