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HomeMy WebLinkAbout1998-100 Solar Access - Green98-26031 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver ~ [~- ~ C~ ~---~~~ ~SDL,L, ~;dlDP[~JtSt~4 Tax Lot # of Property Requesting Solar Waiver ~)~)L~- Address of Property Agreeing to Solar Waiver : 419 FRIENDSHIP 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 Muni'bipal 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. 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 I~-~ day of ~,z~/ Property Owner State of Oregon ) County of Jackson ) Personally appeared the above named foregoing instrument to be a voluntary act and deed. Before me: ,:,.,~;,;;i~,~?,~ i¥:'~, :~ F!?_I', ~ ~f COMMISSION [XPIR[S SEPt, 18, 1999 ,19 ~"~S~ and acknowledged the ~/'~ N~ry Pu~i-~ 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 i-SOLAR WAIVER AGREEMENT~:pm,mm¢.~om~.~,,,r)(9/9~) DON GREEN and NIKI NEWKIRK 95-2 031 NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A LoT Two (2) in Block One (1) of BELL SUBDIVISION to the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record. ALSO, Chat portion of Lot Three (3) in Block One (1) of BELL SUBDIVISION in the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record, described as follows: Beginning at the southwest corner of said Lot, thence North 35°03' West along the westerly line of said Lot, 143.31 feet to the northwest corner thereof, thence along the north line of said Lot, North 89048'30" East 40.0 feet, thence South 19°48'10" East 124.85 feet to the point of beginning. (Code 5-1, Account_#1-7116-1, MaD #39!$0~.C3~.m~ ~Q~_~802) 15 x):m13'AINfiO0 y ~J(i~!O~)~)~! 1VI31:!:!0 pepJooea uo§eJo 'Aluno3 uos)!oo£ IEO9Z-,gG