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HomeMy WebLinkAbout1997-080 Solar Access - StarrAddress of Property Requesting Solar Waiver: 1615 Peachey Tax Lot # of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver: 1609 Peachey CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT 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 I East, Section (Tax lot # ), 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. acknowledged by the undersigned. Dated this ~J%¢ay of The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is 7¢- //Property Owner Property Owner State of Oregon ) ~9~-~ k~_(~ /27~./'~ ~ ,19 County of Jackson ) " © ~ ~? Personally appeared the above named ~ ~ ~/~~,~ ~ ~ ~_ ~~ foregoing instrument to be a voluntary act and deed and acknowled~d the Before me: ~' .~~ ~ .~~ '~ ....~t~P'~blic%Er Oregon ~::'"' ":-~ ' "': '"*'~"' ~'¢iblAL SEAL ~ .,...~ DIANE PETERMANN ~ My Commission expires: NOTAR~ PUBLIC OREGON ~ C~MI~SION NO. 047~74 MY COMMISSION EXPIRES OCT 3, 1999 This document recorded on the deed of the aforementioned property owner(s) by the Office of the Jackson County Recorder this __ day of ,19 County Recorder Approved , 19 Ashland Planning Department PAGE i-SOLAR WAIVER AGREEMENT(~:¢~m¢.~o~,~.~o¢/o~) JULIAN JAH STARR NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBIT A (Legal description of property agreeing to solar waiver.) EXHIBIT B (Plot plan of both the property requesting solar waiver and the property agreeing to the waiver. The plot plan must show, on the requesting property, the specific building(s) and shadow(s) cast by such building(s) and, on the agreeing property, the buildable space affected.) PAGE 2-SOLAR WAIVER I-i-~ .22. ft,-~,ft,. -1 ~ft.. - 44.2fL .445 + (-S) .445 +(-.0~5) .5S2 PEACHEY RD. STARRBUILT INC. STARRBUILT HOMES 921 BLAINE ST. ASHLAND OR 97520 PH.541 462 1244 i // 97-29949 SUF~ VE Y OF:i' ' B CERTIF'ICA TE S TA TE OF OREGON,) COUNTY OF' ,JACKSON) Ells Z, .Joseph A. 8ova. s duly Rapistsred Surveyor,of the State of Oregon. do description of the ~oundsriee: oercei No.~ end ~rce~ No.~ of ~rtit~on ~ist recorded t~e i~= day of ~ove~e~, ~g~, ~s ~rtit~on ~st ~o. ~--9~--~3 of "Record of Partition ~lats" in Jackson County, Oregon, end flied es Survey NO,, ~708 in the Office of the ~Sc~son COunty Surveyor. TOGETHER WITH: Parcel No. t of ~er'tition Plat recorded the 3rd day of ~sy, l~S~, e~ P~"tition Plat ~o. P--~8--19~ of "Reco~d of Partition ~ist$" in dec.son County Surveyor. ~eginning st the Initial ~otnt of Partition ~3et No. P.-~--i~ of "Record of o~ntition ~2ats" in decKson County. .Oregon. as monumented t~eneon. monument meing a ~/'B" X 30" imon pin for the INITIAL POINT OF ~GINNIN~: Thence e2or~g the west boundary of that Parcel deeded to tne City of in Instrument No. ~I--~81~4 of t~e Official ~ecord~ of smfid county South 0'06'~3" West, ~0.00 feet t~ the sout~wsst corner t~ereof; thence along the south boundary themeof South B9'~7'~7" East ~.~0 feet to the sout~esst corner thereof, said point aisc being the most e~stemly nopt~eeat coPnet of oa~c~l ~ o£ the afoPement~oned PaPtiticn Pier; t~ence along the east Ooundary of ~sid ~srce2 South 0'~'4~" West, 5~B.~O feet to the southeast corner thereof; thence along tt~e south boundary of $a~d ~spcei ~ North ~9'47'~7" West ~4~.TB feet to t~e southwest coiFTap thereof, said copDer also iylng on th~ east boundary of Pa~titto~ ~2at No. ~-~--~ of "RecoPd of ~9'47'57" West, l~.00 feet to t~e most westerly southwest corner of ~ort~ 0'0~'~" W~st, ~,l~ feet to t~e northwest coPnap thePeof: thence along the north boundary of ss~d ~a~cel ~ South B~'~S'WO" East, ~6~.67 feet to t~e northwest corner t~ePeof, ~atd corner also lying on t~e dest boundary t~e west boundary of said P~pcel 1 Nor, t~ 0'I~'~8" East, 0.8~ feet to SOut~ B~'~7*fi7" East, fi~.~4 feet to t~e Initial Point of Beginning. Jackson County, Oregon Recorded OFFICIAL RECORDS AUG / z-.1997 I cacti fy this to DS am copy of ,t~e/ o~tgSnsl PROF BBZONAI- . X~~' ~ LAND SURVEYOR p ;[TCOUNW CLERK // UOBEPH A. BOVA