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HomeMy WebLinkAbout1994-133 Solar Access - Warren94-,10967 SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver Chruch Street Tax Lot # of Property Requesting Solar Waiver -~CE(,: ~'~/., zt-*Sr' ( .. /!.~D t~:l-~'l 1i,¢,.' ,i;,:/'C Address of Property Agreeing to Solar Waiver /¢~" © ~' ~'~0(:~ 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 7-'/J/~ (Tax lot # 4z?/~2.),.further described by legal description in the attached Exhibit "A". <w~o~ 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 ay of l~,.~:, ~C ~ ~¥.O,J~\ , 19 . State ct Oregon, Coumy of Jacks0n--SS. ~, _ The ~lthin instrument received and fiJ~l a ~t~o'ctoc~ 0regon.~~ountv Clerk. State of Oregon ) Coun~ of Jackson ) Property Owner Property Owner Personally appeared the above named ,/ foregoing instrument to be a voluntary act and deed. Before me: and acknowledged the ~ ~" Notary Public for Oregon My Commission expires: ¢,~L 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 1-SOLAR WAIVER AGREEMENT~:p~mmgXso'.r,w~0¢/~) Jonathan Warren LOUIS H. WOLFF AND SON,LO H. V~LFF ,grantor, convayo and L~RP. qNTS to GEORGE kV~gEH ,grantee, the folly/no described ritz property, together stt~ted in ~K~ County, Oregon: BX~XBXT "Ae Beginning at a point on the Northerly line o! Church Street in the City of Ashland, Jackson County, Ore, on, fr~-' which the intersection of the Northerly side line of Church Street, and the Nesterly side line of Nain Street in said City, bears North 59° 24* East, 116 feet; thence South 59e 24' Nest, 50 feetI thence North 29° 50' Nest, 97.4 feet~ thence North 59° Bast 50 feet~ thence South 29° 50' East 97 feet, ~ors or less, to the point of beginning. EXCEPTIHG THBREFROH the Southeasterly 5 feet heretofore conveyed to the City o£ ~8hland, for street purposes. ~ ~ subject to 1987-88 real property taxes, oo~ a lien, not yet payable, and liens and encumbraeces dated O&l~8? ud any encumbrances created hereby. ~JB~ECT TO COVEJd~HIS, CONDITIONS, KSTRZCTIONS,~EASIMiIiTS, /did OF UAY OF RECORD OR APPARENT ON TH~ GRQU#O. The true consideration paid for thin conveyance ts FIFTY TM) THOUG~HD FIVE HUHSRED ~d40 001100 DOLLARS I ! heA~wer the~hnle consideration includes other value given or promised. (check If other consideration statmst applies.) Thin instrument uill not allo~ use of the property described in this instrument in violation of applicable land use 1M aid regulations, hfnre signing or accepting this instrument, the person acquiring fee title to the property should check utah the ippropriate City or County PlBnoing hpartmeot to ver~fy ~proved uses. Dated this ~. d~y of ~.. , 1~7 . ~ ~. ~.- '" STATE OF OREGON County of N~Q~C~ ) ' "' '; '" . · A~ . t--- · : - Until a change in requested, send all tax statements to: P.O. Box 1037 Idaho Falls, idaho 836O2 7 7L Jackson untyqille 88-00640 o~i,~ 0~ c.~a..,,~ t..d ~d. co. ~:~¢ /° ~'~-' fiG2 WEST MAIN STREET · P.O. BOX 218 · MEDFORD, OREGON 975G1 * 1503) 779-2811 WARRANTY DEED KNOWALLMENBYTHESEPRESENTS, That H.~OkT) L..)'IIRCF:N.<~ and S~Z.T~ ~. AURG~g. husband . and vile, , ~rei~fm ul~ t~ Grantor, for 1~ co~ation ~minafte ~tld, lo G~nmr pid by UTTJ.TAM RdDg , hereinafter called the Grantee, does hereby grant, bargain, sell end convey unto the said Grantee and GrantEe's heirs, suc~rs and asdgns, that certain real property, with the tenements, hareditmnmts and eppurtensflcas thereunto belonging or eppertaining, situated in the County of 4 ack.on State of Oregon, described as follow1, to-wit: See EXB~BIT 'A' attached TO HAVE AND TO HOLD the same unto the said (.irantee and Grantee's heirs, succe~ors and assigns forever. And said Oran:or hereby covenantE to and with said Grantee and Grantee's bei~ suc.sso~s and assigns, that Grantor is lawfully seized in fee simple of the above 9tantad ptlmlsas, fr~l from all encumbreu,'~ and that Grantor will wa.ant and form defend the said premL~s and every pa~t and ~1 t~f ~i~ t~ ta~ul c~i~ ~ ~n~ of all ~m ~o~, except t~ ~im~ un~ t~ a~ d~b~ THE TRUE ANO ACTUAL CONSI DEflATION ~id f~ ~is tf~, ~ated in tef~ of dol~ ~ $ 99,500.00 ~ERE THE CONTEXT SO REQUIRES. t~ d~ i~lud~ t~ ptu~l ~d all ~m~fi~l c~ ~ll be impl~ to mb tM pw~ons hrHI ap~y qudly to i~dua~ and to cm~retion~ INWlTNE~WHEREOF. t~tor~t~thbinmu~tthb 1.e ~yof 3~e ,,1986 :ifa corporate ~t~, it ~ ~=d its ~ to ~ ~d by i~ orris, duly ~thodz~ t~to by ord~ of i~ bMfd of db~o~ . STATE OF O~.~N.,. {IND~tlOU~ ) COUNTY OF~-%~: Th~.-foreldmg ~Gm~t was ack~wl~d ~lore me th~ My ~mm~ ex~r~ 6-2 ~-9 & I STATE OF OREGON (com~xtD COUNTY OF The foregoing insbument was acknowledged before me this day of 19 , by p~esidanL end by secretary of A corporaUon, on behalf of the corporahon. Notary Public for 0rqon My commission expires 88-00640 ]~3C}IIBI~ "A" PARCEL l: ~g at the Intersection of the westerly line ,if Hdin Street with the northerly line of Church Street In the City of A~hland. Jackson County, Oregon, according to the Official lull8 Hal)of said City; thence South 59'24' West along the northerly line of Church Street, a olstance of 116.0 feet; thence North 29'50' West 94.0'feeL, more or less, to the northerly line of Lot S tn BInck g6 .f ti.: City of Ashland, Oregon, according to the Official 1881! Hap lhe,',~of; thence Northeasterly, along the northerly line of said Lot. a distance Of 116.0 feet to the northeast corner'.of said Lot; the,,ce 3putheasterly along the westerly line of Hain Street 94.0 feet, more ,,,' less, to the point of beginning. $ PARCEL 2: 8°ginning at a point on the westerly line nf Hain' Street in the City of Ashland, Jackson County, Oregon, from which the sto,~e mnnument at Ih° Intersection of the centerlines of Haimm Street and Ilelman Street, as shown on the Official Plat adopted November 5, 1~88. bears North 17°13' East 41.0 feet; thence South S9°00'. west l?u.o feet; thence North 29°SO' West 30.5 feet to a point 6 inches Hurth 29°50' West of the northeast corner of tract described in Volume 58 page 561 of the 0°ed Records of ~ackson County, Oregon; thence Horth 59000. East 169.90 feet to said westerly line of Hain Street; thence along said line, South 3~'02' East 3.15 feet; thence South g9o50, East 27.35 feet Io the point of beginning. {Code 5-1, Account 11-6620-4, Hap {391EgDli. lax Lot 14700) · . ..:::::.,-;: ·. 7L Parcel 1, as shown on the Minor Land Partition Plat filed in the Office of the Jackson County Surveyor as No. 13845 and recorded as Partition Plat No. P-13-1994 of "Record of Partition Plats" in Jackson County, Oregon.