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HomeMy WebLinkAbout1992-077 Solar Access - Fisher92-39~.39 ~ CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 135 Coolidge St Tax Lot Cf of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver: 535 Rock Street The undersigned, for themselves, their heirs, successors and assigns, hereby consent to permit obstruction of their solar access rights as guaranteed by Chapter 18.70 of the Ashland Municipal Code on that portion of Tax Lot 39 1E~o~.% qO© , further described by legal description in attached Exhibit "A". The undersigned certify and agree to the following: !, This Agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. He/She/They are listed below as property owner(s). That this Waiver applies only to the specific building(s) noted in Exhibit "A"; and to the shadow cast by that building as noted in Exhibit "A". That the solar access guaranteed by Chapter 18.70 of the Ashland Municipal Code is waived only for that buildable space shown on Exhibit "A" and the City of Ashland is hereby indemnified and shall be held harmless for any damages resulting to it form this Waiver. Dated this The consideration for this Agreement is ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the property owner(s), ~? day of Jq~,4¢.. , 19¢22 · ~ /~"~'~'- ,P'roperty-Owner State of Oregon ) ~-~ County of Jackson ) L~..~...../¢¢,,¢ ., 19 ~ z/ Personal~ appeared the above named ~~. ~~ ~~. ~ , ¢ fore¢ing instrument to b6 ¢o~untaw act and deed. / Before me: My Commission 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 Nancy Fisher Janet Taylor 92 391.39 ~ CTI-83974-SS ,~.oo 92-1 os2 WARRANTY DEEI DAVID P. MAIZE, Grantor, conveys and warrants to NANCY C. FISHER,; Grantee, the following described real proper~y, together with appurtenances, free of encumbrances except as specifically set forth herein, situated in JACKSON County, OR: Beginning al the Southwest comer of Lot 2 of Bind~ ~, C00LIDGB ADDITION lo fl~ C/ty of Ashland, Jack~on County, Orcgon; thcacc No~h along tho W~t ll~ of ~d loL 21.0 fc~ th~c~ ~a~ I~.0 fee~ thenco North $9.0 feet to the No~h l/nc of ~d log th~n~ ~t ~ong sa/d No~h ~ 85.0 feet to the No.cast comer of said Lot ~ thenee Sou~ 80,0 f~t to ~e So~.~ a~a= thyroid, th~ac~ Wc~ 100.0 feet to the point of bcglnnini. EXC~I~O 'rl/]~.]~OM thc fo~ow~g: ]k_~,~l-$ at the Southw~ comer of Lot 2 of Block 36, COOLIDGB ADDITION to the C/fy of A~ad, ~'~'~n Couat~, Orcgoa, according to the offic/al plat thereof, now of ~co~d; thcnee Noitb, ~long th~ Wc~ ~ of sa/d lot 21.0 feet; thence East 15.0 feet; thcoee South 21.0 feet to the South l~ of sa/d 1o2 th~nee W~t 15.0 feet to thc poln! of beginning. SU~fE~TTO: An easement granted Ci~2 of Ashland for storm sewer and drain tile pur- poses, including the terms and provisions thereof, ag eat forth in Docunent No. 68-00333. The true consideration pald for this conveyance is NINETY FIVE THOUSAND AND 00/100 ($95,000.00). ( ) However, the whole conside~ation includes other value given or promised (check if other cor~tderatlon statement applies). This instrument will not allow use of the property described in chic instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate ~lty or County Planning Depar~men~ to verify approved Dated this 20thday of April , 1992. DAVID P. MAIZE STATE OFOREGON ) )ss. Court, of Jackson ) .TIlSa,,ins~?ment was acknowledged before me on the ,,,'T992 b~ D~.D P. MAIZE ' .-. '"",,!.t/f , r'r Until a ch~ge B requate~ send all t~ statements to: Grantee 535 Rock Ashland, Or. 97520 Return document to: Crater T~gle Insurance 485 E. ~aln Ashland, Or. 97520 20th day of April My commiss~n ~tp~s: 10-23-92 [!