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Home My WebLink About1995-163 Solar Access - Ross 95-02?03 SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver 60 Granite Street Tax Lot # of Property Requesting Solar Waiver 2'5oo Address of Property Agreeing to Solar Waiver 52 Granite 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 9t~, (Tax lot # 220o ), 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 w!th 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. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is Dated this,~ z/~ day of ~/1 .¢:- ;' --, ,-~ (*-..'. Property ~wner Property'Owner State of Oregon ) County of Jackson ) , Personally appeared the above named ,~'~-~.cd foregoing instrument to be a voluntary act and deed. and acknowledged the Before me: Notary ~BbbliC for Oregon My Commission expires: c~/~//~.~ 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 PAUL ROSS 95-02703 NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT a (Legal description of property agreeing to solar waiver.) (Plot plan of both the property 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 the agreeing property, the buildable space affected.) ~_ J~ ~¢r~c~ .... 2.2 ~ / Jockson County, (~regon Recorded[ OFFICIAL RECqRDS '~o". Ic~' / // '/'" q:l~ :JAN~ 1 1~15/~ M PAGE 2-SOLAR WAIVER AGREEMENT~:pm~,~o~r.,,wr)(9/~) ~,A~T~H,.LEEN S, BE~KETT ~ ' Deputy CITY HALL ADMIN. .}5 SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver ~ ~- Tax Lot # of Property Requesting Solar Waiver Address of Properly Agreeing to Solar Waiver ~] 001/002 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 MunicLpal Code on that portion of proper~ in Township 39, Range I East, Section /~/Z¢~ (T~x lot ¢ } O E ), fu~her described by legal description in the a~ached Bhibit "A". The undersigned cemi~ and agree to the following; 2. The undersigned are the ownem of the prope~ described on Exhibit "A" 3 This w~iver applies only [o the spec~ic building(s) noted in the a~ach~ Exhibit "B"; and to the shadow(s) ~st by such building(s) as space sh~n on ~hib~ "B" and the CI~ ¢ Ashland is indemn~ied and shall be held harmless for any damages resulting to any person or p~pe~ resulting from this waiver. 5. The consideration for this ~greement acknowledged by the undersigned. Dated this ~ ~ day of_ /~// Property Owner State Of Oregon ) / ~ --/ ¢ ,~,~ R,/ County of Jackson ) V.////~/~ _<~.~...~,/..~. ~ , 19__ ~ Personally appeared the ~ named ~ ~ ¢/~ ( ' an~ ~cknowledged the foregoing instrume't~~u~~ W~--~ .,~ OFFICIAL SEAL ~ '~ --- ~t&w-PGb~or Oregon .', ;~ :~ARY TONEY ~ ' / ~ // ~ .~, ~0M~ISSIONN0.03~225 , '-u ............... ~ .... ~ ~/./ / ~ · ' ,,S JMM~SSI0 ' EXPIRES JUNE 23,1~8 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 t5 0~70~ L ? 95-02702 ./ * * * SURVEYOR'S CERTIFICATE * * * Z. JAMES E. R~BBS, A REGISTERED LAND SURVEYOR OF THE STATE OF OREGON. HEREBY CERTZFY THAT TH~S PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME, AND COMPLIES WITH THE REGULATIONS FOR PARTITIONS, AND REPRESENTS LAND. THE EXTERIOR OF WHICH BEING ACCURATELY DESCRIBED AS FOLLOWS: TRACT "A" Parcel 4 of Partition Plat No. P-112-1999. according to the Official Plat thereof, mow of record in Volume 3. Page 119 of Partition Plats of Jackson County. Oregon; TRACT "B" Beginning at the Northeast corner of said Parcel 4; thence along that certain boundary line described in Document No. 90-26264, Official Records of Jackson County. Oregon. North 86'42'37" East. 87.69 feet (record North 86'49'29" East) to a 5/8" iron pin; thence North 86'43'23" East, ~49.64 feet (record North 86'43'35' East) to a 5/B" iron pin on the East line of that tract described in Document No. 69-09959, said Official Records; thence along said East line, South 0'00'31" West, 175.54 feet (record South] to s 5/8" iron pin on the North line of Nevada Street as described in Document NO. 89-~3446. said Official Records: thence along said right of way, South 89"59'21" West. 144.88 feet (record Nest) to a 5/8" iron pin at a point on the Southerly prolongation of the East line of that tract described in Volume 109, Page 275, Deed Records of Jackson County, Oregon: thence along said East line and its Southerly prolongation, North 0'00'39" West. 126.50 feet (record North) to a 5/8" iron pin at the Northeast corner of said tract; thence a]ong the North line thereof, South 89'59'21" Nest, 92.00 feet (record West) to a 5/8" iron pin at the Easterly Southeast corner of the aforesaid Parcel 4; thence along the Easterly line of said Parcel 4. North 0'00'39" Nest, 35.50 feet to the point of beginning. SURVEYOR * * * * * * * * * DECLARATION Know all men by these presents that I. Dan E. Bunn, am the owner in fee simple of the lands shown on this Partition Plat, more particularly described in the Surveyor's' Certificate, and have caused the same to be partitioned into the parcels as shown on the Partition Plat and hereby dedicate to the public for public use those easements labeled as Public Utility Easement (PUE) and Conservation Easement. Dan E. Bunn Jackson County, Oregon Recorded OFFICIAL RECORDS ~.'/a- J~N ~ 1 1~5 /? M KATHLEEN S. BECKETT ~ Deputy 7 ~ 0~'-0 0 Q r~c~ ~0 :::1 rt'