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HomeMy WebLinkAbout2004-253 Solar Access-Lawrence RECORDING COVER SHEET PER ORS 205.234 ~~~kson County Official Records 2005-012612 Cnt=1 Stn=4 SHAWBJ 03/07/200503:43:19 PM .. $2/lil,illliiiWIIII" '11II111111,j~rjiiif 01094858200500126120040049 I, K~thleen S. Beckett, County Clerk for Jackson Count Ore on certify that the Instrument idenl:ifJed herein was record:d In t~e C'lerk records. Kathleen S. Beckett - County Clerk THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE A1TACHED INSTRUMENT FOR RECORDING ANY ERRORS IN THIS COVER SHEET DOES NOT AFFECT THE TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF. AFTER RECORDING RETURN TO: Name and address of tlhe person authorized to receive the instrument after recording, as required by ORS 205.180(4) and ORS 205.238. 1. NAMES OF THE TRANSACTION(S), described in the attached instrument and required by ORS 20S.2:34(A) NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule federal law or regulation to be recorded including, but not limited to, any transfer -Ar~ 2 ' Grantor(s) as described in ORS 205.160. 3. Grantees(s) as described in ORS 205.160. 4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee tiUe to any estate and all memoranda o'f such instruments, reference ORS 93.030. . 5. UNTiL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO THE FOllOWING ADDRESS: for instruments conveyin!~ or contracting to convey fee title to any real estate reference ORS 93.260. CITY OF ASHLAND SOLAR'ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 167 Garfield Street Tax Lot # of Property Requesting Solar Waiver: #3601 Address of Property Agreeing to Solar Waiver: 158 Garfield 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 Municipal Code on that portion of property in Township 39, Range 1 East, Section Tax Lot # ), further des'tribed by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: 1. This agreement shalll 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 cmly 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 liB". 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 liB" and the City of Ashland is indemnified and shall be hE~ld 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, tlhe receipt of which is acknowledged by thE~ undersigned. \ )A:tL,o day of "ALb-v tAt~ \ - /,0 f)Jrx...t .1-9~1 Dated this 12th day of February, 2004. Susan Lawrence Property Owner Steve Lawrence Property Owner State of Oregon County of Jackson' ) ) . >f--d:flDLf Fe. b T lAc.L I' '1 . 'J- Personally appeared the above named $ L\ ~f"\ L " c:s '\ fA} t. LcLLuv-.e ." L,- and acknowledged the foregoing instrument to be a voluntary act a,nd deed. (J ~ . ,).,' ' ) . Before me: ~ . . . '--'1 \-:L~YJ-- t-~~cUL4~ /,~~; . OFFICIA~ SEAl. Notary Public f~OregOn .~~ . ~~"" REBA HAAS '" . ~ ~ ,)CC> .... ~,;~, '. ," ./~ NOTARY PUBLIC-ORE, GGN My Commission expires.. ,_(._~ . \, S~. . COMMISSION NC'37t4900 . .. . . . . . . . . . . . . . . . . . .'_,!/9,. Y I I P . . . . . . . . . . . . . . . . . . . . ~~ . . . . . . . . . . . . Approved .;2 I~ </' I' ' 4-< (, d - fJ:"'?'~"-:'-' . Ashland Planning Department f- ........................................................................ .tl'Yf . 19 I This document recorded on the deed of the aforementioned property owner(s) by the Office of the .Jackson County Recorder this day of . 19 J- County Hecorder NOTE: THEfh1.,~o~ii-Jt~~MU~TACHED TO THIS DOCUMENT: ~~I~f~ .1~ . r- ~~ \". -.\' ~.&~ ..~, ..~ \ f.'~ - l.~) · !(tegal esb~t~n tfproperty r e 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.) AttCAC~ ~d j :"~t I I ~ o (j) ~ (D ~- ~ (3-_ - J( ~... 3 ~ )7~ f)Q ~ (fJO \Sl~ at I ...-....tJ> ~!) ':5" rp .~R. ' i{ \.;I~ X Qw I-~~ (--'~..' ~, \'.J-: I \ {1 ...-~ ' D '~ 0 (J) -f;-+ IT~ f'.. ~ !..pO '3P p ~ ~- 'l\ '_R___ .~_._~_ ~ .___.__ . 01 11521 !,o ER RECORDING HElmRN 10: ~.QriTitle~! l- 0 p. ~~ Warrenty DEED SUSAN L, LAWRENCE, hereinafter caUed Grantor, conveys and warrants to 1157 GARFIELD LLC, an Oregon Limited Liability Company, hereinafter called Grantee, that certain real property commonly known as 157 Garfield Street, situated in ~ Jackson County, Oregon, Imd legally descn'bed as fonows to-wit: Beginning at the Southeast comer of Let 14, THE HOMESTEAD ASSOCIATION. in the City of Ashland, Jackson County, Oregon; thence North along the East line of said lot, 100.0 feet; thence West, parallel to the North line of said lot, 113.52 feet; tbence South 100,0 feet to the South line ofLat 14; thence East along the South line, 113.52 feet to the point of beginning, TO HA VB AND TO HOLD the same unto the said Grantee and Grantee's heirs, successors and assigns forever. The consideration for this conveyance consists of other property or value given or promifled. IRIS INSTRUMENT WILL NOT ALLOW USE OF' THE PROPERTY ])ESCRlBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE lAND USE LAWS AND REGULA nONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE 1TI'LE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LA WStJITS AGAlNSTFARMING OR FOREST PRACI1CES AS DEFINED IN ORS 30.930. DATED thisdb day of~01. ~,\. '\...~'-,"\~~~~:~:C\.~ ~"'{c~\ ~.~ Susan L. Lawrence STATE OF OREGON ) ) 85. County of Jackson ) This instrument was acknowledged before me on~~~~ 2001 LAWR1~CE. by SUSAN L. I-OFFICIAL SEAL ~ . KAREN E STEVENSON . : NOTARY PUBLIC. OREGON 11 \. .i COMMISSION NO. 321060 I ........ MY COMMISSION EXPIRES APRl 2, 2001- t tf-2.-o ~ ~ Aiim:..Looordinll return to: Send tax statements to: Jackson County, Ore go" Recorded OFFICIAL RECORDS 157 GARFffiLD LLC 550 Crowson Road AshIan(~ OR 97520 157 GARFIELD LLC 550 Crowson Road Ashland, OR 97520 MAR 2 6 2001 ~q,.oo ~~ , xI~~ COUNTY CLERK o.-IWyPlla\W"IIDaBDS\WAJUWn1\l$7 adIkI.dMd.",. ~ 1- WlIlITanty Deed l 'd 090S'oN ~ ~NI~M38 ~O~HJS Slll~ AHdOM8 ~VEE:6 100l '9l'qa~ -- ---. -----_.-- _.- ._--~ .---- --~-~- ----