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HomeMy WebLinkAbout1995-103 Solar Access - Gibbons.')5--02700 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Prope~ Requesting Solar Waiver 500 Grandview Drive Tax Lot # of Property Requesting Solar Waiver #1 21 Address of Property Agreeing to Solar Waiver __ ~ernwood Drive~ Ashland~ Oreqon 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 5cD .(Tax lot # 11 6 .), 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 ere the n ~* ~ - .... ' -.' r =' o,z..ers o hc ~,ropert~, o~cnb,:.u c, ~..,.,c~[ 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 buildabie 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 ~o clay of f~ ~ ~wner State of Oregon ) County of Jackson ) ~' ~,19~'~ p..red .am.d and acknowledged the foregoing instrument to be a voluntary act and de~d. · ~ ..' '% : ary Public for Oregon My Commission expires: This do6iJrrfent 'recorded on the deed of the aforementioned property owner(s) by the Office of the JSCK~D Cou,.qt'v' p.~,-,,-,r~,=,- +~ ~ day of ,19 County Recorder Approved ,19 Ashland Planning Department PAGE i-SOLAR WAIVER AGREEMENT(p:¢,~m¢,omr.~0¢/9~) MARK GIBBONS Exhibit A Legal Description of Property at 500 Fernwood Drive, Ashland, Oregon Owner: Mark & Susan Gibbons 39-1E-5CD, Tax Lot #116 Lot 3, Block 2 of the Thunderbird Subdivision City of Ashland, Jackson County, Oregon Jackson County, Oregon Recorded OFFICIAL RECORDS. KA~LEE~ S. BECKET~ Deputy J STATE OF OREOON, ~ County of ~'~0~"~C'¥" ' 'I ss. BE IT REMEMBERED, That on this ~ ~ day of before me, the undersigned, a Nota~ Public in and for said County and State, personally appeared the within named ~.CC~. ~: [ known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that ~ executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the da~' and ye. ar last above written. My Commission expires ~ ~t~.") ~'-~