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HomeMy WebLinkAbout1998-102 Solar Access - Meese ~8 36847 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 94 Granite Street Tax Lot # of Property Requesting Solar Waiver ..'~ / ~"-'- t..b~' ~(_.~ / ~,._~;;~.~ Address of Property Agreeing to Solar Waiver: 88 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 Munibipal Code on that portion of property in Township 39, Range 1 East, Section ~/--/¢C (Tax lot #~'~OO), further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: I. 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. acknowledged by the undersigned. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is Property Owner Property Owner State of Oregon ) County of Jackson ) Personally appeared the above named foregoing instrument to be a voluntary act and deed. Before me: ,  OFFICIAL SEAL JULIA & GRIMES NOTARY PUBLIC - OREGON My COMMISSION EXPLqES MAY 30. 2000 ,19~/ and acknowledged the otary Public 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 PAGE 1-SOLAR WAIVER AGREEMENT~:om~mgV, o]~.~w)(9/~2) Ashland Planning Department JED D. MEESE and CELIA MEESE 98 NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A (Legal description of property agreeing to solar waiver.) EXHIBIT B (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.) PAGE 2-SOLAR WAIVER AGREEMENT~:~I~,,m~o~.~.~)(9/92) 1.8/'92 13:47 ~503 488 1786 JACK CO TLE ASItL ~]001~ 98 36847 EX~XBIT A A parcel of land situated in the Northwest Quarter of Section 9, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, being more fully described as follows: Commencing at the southeast corner of Lot 4 in Block 8, in the City of Ashland, Jackson County, Oregon, as shown upon the Official City of Ashland map, accepted and adopted by the City Council on the 5th day of November, 1888, said point bears South 32°17'16" West 112.51 feet from a found 1" iron pipe with a bronze cap situated at the centerline intersection of Granite Street, and the alley which separates Lots 3 and 4, said Block 8; thence South 67057'05" East (deed record South 68° East 40.0 feet) 40.00 feet to a point in the southeasterly right of way of Granite Street, being situated at the southwest corner of tract set forth in Volume 68, Page 182, Jackson County, Oregon, Deed Records; thence North 22002'55" East (deed record North 22° East, 75.0 feet), along said southeasterly right of way, 75.00 feet to a 5/8" iron pin situated at the northwest corner of tract set forth in Volume 134, Page 40, said Deed Records, and being the true point of beginning; thence continuing North 22002'55" East along said right of way (deed record North 22° East) 86.00 feet to a 5/8" iron pin situated at the West-Southwest corner of tract set forth in Volume 282, Page 138, said Deed Records; thence leaving said street right of way, South 67057'05" East (deed record South 68° East} 172.30 feet to a 5/8" iron pin; thence South 12°21'15" West 87.245 feet to a 5/8" iron pin situated in the most southerly boundary line of tract set forth in Volume 282, Page 138, said Deed Records; thence North 67°57'05" West (deed record North 68° West) along the southerly boundary line of said tract, and along the northerly boundary line of tract set forth in Volume 134, Page 40, said Deed Records, 186.99 feet to the true point of beginning. (Code 5-1, Account ~1-6745-2, Map #391E09BC, Tax Lot #2900) (Code 5-1, Account #1-68858-0, Map #391E09BC, Tax Lot #3002) jl:lCkson County, Oregon Recorded OFFICIAl. RECORDS