HomeMy WebLinkAbout1998-137 Solar Access - HoldenHOLDEN
560 WELLER LANE
564 ASHLAND STREET
~38 45388 CITY OF ASHLAND
SOLAR ACCESS WAIVER AGREEMENT
Address of Property Requesting Solar Waiver ~-~0 //~!/~
Tax Lot # of Property Requesting Solar Waiver °t~//O
Address of Property Agreeing to Solar Waiver
The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction
of their solar access rights described in Chapter 18.70 of~e Ashland MunicipaLCode on that portion
of property in Township 39, Range 1 East, Section (Tax lot #,~/0~), 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 c2~%ay of ~",~
The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is
Property "er(~ .....
Property Owner
State of Oregon )
County of Jackson ) '
Personally appeared the above named
the foregoing instrument to be a voluntary act and deed.
Before me:
and acknowledged
Nota~ 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
Approved , 19
Ashland Planning Department
PAGE 1-SOLAR WAIVER AGREEMENTIp:~a~,g~o~ ....
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{p:p~a~ni;~g',so~a~.~w}{9/921
LA-48014
98 45388
EXHIBIT A
Lot One (1) in Block Two (2) of WET.T.~R LANE SUBDIVISION, to the City of Ashland, Jackson
County, Oregon, according to the official plat thereof, now of record. Together with a
right ~x~ ~t of enjoyment in and to the "Open Spaoe Area" (Open Area) of Weller Lane
Subdivision, Phase II to the City of Ashland, Jackson County, Oregon, acoording to the
official plat thereof, now of record, as granted by Declaration of Restrictions,
easements, assessments, and agreements, recorded July 11, 1984 as No. 84-11222 and by
Addendum recorded February 3, 1988 as No. 88-02210 of the Official Records of Jackson
(Code 5-1, ~ccount #1-71946-4, Map #391E16AB, Tax Lot #2108)
Subject to:
2. Agreement for in~rovements, subject to the terms and provisions thereof, by and
between Ed Houghton and JoAnn Houghton and the City of Ashland, dated June 6, 1984 and
recorded September 4, 1984, as No. 84-14572 of the Official Records of Jackson County,
Oregon.
3. Declaration of restrictions, easements, assessments, and agreements for Weller Lane
Subdivision, reoorded July 11, 1984 as No. 84-11222 of the Official Records of Jackson
County, Oregon. Addendum to Declaration of Restrictions, easements, assessments, and
agreements, recorded February 3, 1988 as No. 88-02210, said Official Records.
4. ByLaws of Weller Lane Hcmeowners Association recorded July 11, 1984 as No. 84-11223
of the Official Records of Jackson County, Oregon. Addendum to ByLaws recorded February
3, 1988 as No. 88-02210, said Official Reoords.
5. Agreement, subject to the terms and provisions thereof, executed by Edward L.
Houghton and Joann W. Houghton recorded May 2, 1989 as NO. 89-08899 of the Official
Records of Jackson County, Oregon.
Jackson County, Oregon
Recorded
OFFICIAL RECORDS