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HomeMy WebLinkAbout1993-121 Solar Access - Mayers93-43995 SOt, AR ACCESS WAIVER AGREEMENT Address of Property Rgquesting Solar Waiver Tax Lot # of Property Requesting Solar Waiver //i / Address of Property Agreeing to Solar Waiver: 693 WASHINGTON 14A 1103 - ~ ' 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 /4//~ (Tax lot #/! C.~ ), 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· Dated this I -] ~ay of <-~-~'~x~,-.-f,~l~-~ ........ ~ , 19 ~:t ~ ~-~f,~,~-~ DEBORAH A. MARTIN ~ NOTARY PUBLIC- OREGON ~ COMMISSION NO.017188 ~, MY COMMiSSiON EXPIRES AUG. 31, ~96 Prope~y Owner State of Oregon ) County of Jackson ) Personally appeared the above named~-')~CE~Lr , 19~ ~/. ~:t~.%L~%.and acknowledged the foregoing instrument to be a voluntary act and deed. Before me: ~ ~©vc_ ~--~ ~.~ ~ ~)O ~'--~ ' Notary Public for Oregon My Commission expires~:¢,- ~%1 ~'¢-~ Lc , 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 AGREEMENT~:¢:,,~m~o~r.~r)(9/9~) ROBERT MAYERS 93-4399S 93-10S24 JOHN R. KING AND FEATHER W. KING , hereinafter called grantor, convey(s) to TIMOTHY R. RICHARDS AND GEORGIA L. RICHARDS, HUSBAND AND WIFE of JACKSON , State of Oregon, described as: SEE EXHIBIT "A" A'i~ACHED AND MADE A PART HEREOF .all that real property situated in the County and covenant s) that qrantor is the owner of the above described property free of all encumbrances except SEE EXHIBIT B' ATTACHED AND MADE A PART HEREOF -- and will warrant and defend the same against all persons who may lawfully claim the same, except as shown above. The true and actual consideration for this transfer is $ 35,580.00 Dated this ~x-/~-~ day of U UC- '~;~ COMMISSIdN NO, 0171~ ~1 APRIL STATE OF OREGON, County of ~C~SC~1 APRIl, ,~'~ ~7OJ~q R. KING AND FF, ATRF,~_ instrument to be THEIR voluntary act and deed. , 19 93 FEATHER W. KING / , 19 93 personally appeared the above named and acknowledged the foregoing Not~a~c for Oregon My commission expires: 7/29/96 The dollar amount should include cash plus all encumbrances existing against the property to which the property remains subiect or which the purchaser agrees to pay or assume. If consideration includes other property or value, add the following: "However, the actual consideration consists of or includes other property or value given 'or promised which is part of the/the whole consideration." (I ndicate wh ich) WARRANTY DEED (iNDIViDUAL) JOHN & FEATHER KING %~.'.~'F~STO~ TIMOTHY R. & GEORGIA L. RICHA ASHLA~D_~R 975~Q_ .... After Recording Return to: ASHLAND AMPAC #707629 Fnrrn Rq¢~l .? ¸DS STATE OF OREGON, County of, ~) I certify that the within instr/~ent was received for record onthe , ...~'~__.. d ~,/O f , ,. at O clock 'l'v~.d recorded_in hook on page Rec/grSs~4:te.~of said County. Witness my ha~rld seal of Count~afflxed. Title Def:,uty .... 93-4399S 93-10924 Order No. 707629-EZ Exhibit 'A' ParCel' No.. 2 of Minor Partition Plat recorded May 30~ 1991 as Partition Plat No. P-53-1991 of "Record of Partition Plats" in Jackson County, 0regon, and filed as 12528 in the Office of the Jackson County Surveyor. RegUlations, rights and easements for ditches and canals of the Talent Irrigation District. (An inquiry has been directed to the DSstrict concerning the status of such liens and r~port will follow if such liens are found.) EXHIBIT "B" - including levies, assessments, water and irrigation The rights of the public in and to that portion of the herein described property lying within the limits of public roads, streets or highways, An easement created by instrument, including the terms and provisions thereof, Recorded : December ~, 1951 Volume: 360 Page: 198 In Favor of: The California Oregon Power Company, a California corporation For : Transmission and distribution of electricity (General area description) An easement created by instrument, including the terms and provisions thereof, Recorded : April 25, 1962 Book: 524 Page: 502 In Favor of: Pacific Power and Light Co. For : Transmission and distribution of electricity Access restrictions, subject to the terms and provisions set forth in Decree in the Circuit Court of the State of for Jackson Coutnty, entered January 30, 1962 in Case No. State of Oregon, acting by and through its State Highway Commission, vs. M.A. Ring, et al. thereof, Oregon, 61-804L, Access restrictions, subject to the terms and provisions thereof, contained in deed from Clark Walker, et al., to the State of Oregon, acting by and through its State Highway Con~ission, recored January 11, 1972 as. No. 72-00467 of the Official Records of Jackson County, Oregon. Easement and Common Roadway Agreement, subject to the terms and provisions thereof, by and between Robert W. Meyers, et al., and John R. King, et al., dated May 10, 1991 and recorded May 13, 1991 as No. 91-10472 of the Official Records of Jackson County, Oregon. Easement and common roadway for access, ingress and egress, as set out in Agreement recorded May 13, 1991 as No. 91-10472 of the Official Records of Jackson County, Oregon, and as shown on Minor Partition Plat recorded May 30, 1991 as Partition Plat NO. P-53~1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed as No. 12528 in the Office of the Jackson County Surveyor. Public Utility Easement, as shown on Minor Partition Plat recorded May 30, 1991 as Partition Plat No. P-53-1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed as 12528 in the Office of the Jackson County Surveyor. (Affects flag portion) "Block Retaining'Wall", as shown on Minor Partition Plat recorded May 30, 1991 as Partition Plat No. P-53-1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed as 12528 in the Office of the Jackson County Surveyor. (Affects West line of flagpole portion) "Easterly Edge of valley Gutter and Asphalt", as shown on Minor a~tzt~on Plat recorded May.,v,aa 1991 as PaL u~on Plat ~{o. P-53-1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed as 12528 in tile Office of the Jackson County Surveyor. "Subject to: Riparian Drainage Channel per City ~f Ashland Land use Ordinance Chapter 18.62", as shown on Minor Partition Plat recorded May 30, 1991 as Partition Plat No. P-53-1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed as 12528 in the Office of the Jackson County Surveyor. Rights of the public, riparian owners and of governmental bodies in that portion of the above described property lying below the high water mark of a creek, as shown on said survey. 93-4399S io~u~ ~o~ U o~ 0 ~ SHOP DESIGN FOR: o> O0 ~00 o // ~ < ~ ~: // , / / / \ 89.18' 90.00' / / RICHARDS HEATING & SHEETMETAL INC. / / / / / / / / / / / / / / / / / / / / / 7 RICHARD VEZIE & ASSOCIATES 94 THIRD STREET ASHLAND, OREGON 97520 803 488-1453