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HomeMy WebLinkAbout1995-093 Solar Access - McWhinney SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver : 640 Beach Street Address of Prope~ Agreeing to Solar Waiver : 624 Beach 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 I East, Section I/,~ ~ (Tax lot #dl-5OO), 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. Datedthis /' dayof ~.~~~,_~_~._./,19~.~.~/ Property Owner State of Oregon ) .~ ~'~ County of Jackson ) Personally appeared the above named ,19 ' and acknowledged the foregoing instrument to be a voluntary act and deed. Before me: Notary Pul~ic 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 MCWHINNEY 3 (1 ?L I {"? it\ -? Jackson County, Oregon Recorded OFFICIAL RECORDS I O4 y I , I ?? t I I i ' r I 3200 loo 95-2360'7 LEGAL DESCRIPTION OF TAX PROPERTY 4500 624 Beach Street From a point on the section line between Sections 9 and 16, Township 39 South, Range I East, Willamette Meridian, Jackson County, Oregon, which point is South 89~ 56' West, 703.60 feet, from the corner co,anon to sections 9, 10, 15, and 16, said Township and Range, said point also being South 89~ 56' West, 459.5 feet from the intersection of the center line of Ashland Street, with the center line of Mountain Avenue, in the city of Ashland, Jackson County, Oregon, measure South 0~ 11' West, 578.0 feet; thence South 89~ 56' West, 109.80 feet to the true point of beginning, thence South 1" 01' East 113.51 feet; thence North 89 ~ 49' West, 113.97 feet, to the East side line of Beach Street; thence along said side line, North 0 ~ 11' East, 113.51 feet; thence South 89 ~ 49' East, 110.2 feet, to the true point of beginning.