HomeMy WebLinkAbout2014-252 Solar Access Waiver - Lively Family Trust
i
CITY OF
ASHLAND
Jackson County Official Records 2014-023594
R-A
tnStn 09/0512014 02:24:03 PM
Grantor: S
Property Owner: Vic and Claudia Lively , Trustees $to.o.0o $ $1i1.00 .oo $1
o.oo ss.oo $20.00 $3. 00 $67.00
st
Property Owners Address: PO Box 3399, Ashland OR 97520 55.00
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
Gra records. Christine Walker -County Clerk
Property Owner: Jason and Dana Schallheim
Property Owners Address: 399 Beach St., Ashland OR 97520
After Recording Return To:
City of Ashland
City Recorders Office
20 East Main Street,-Ashland, OR 97520
Unless a cha_nae is requested all taxes shall be sent to: For County Use
Grantor
AGREEMENT - SOLAR ACCESS WAIVER
Address of Property Requesting Solar Waiver: 399 Beach Street
Tax Lot # of Property Requesting Solar Waiver: 1200
Address of Property Agreeing to Solar Waiver: 391 Beach Street
Legal Description of Property Agreeing to Solar Waiver: The North Half of Lot Eighteen (18) of H.B. CARTER ADDITION to
the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record.
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 39 1 E 09DD Tax Lot # 1300).
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 as described in the legal description above.
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 "Bn,
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 being recorded to clarify a clerical error made in recording of the original
document (85-05018), and does not approve additional development of Tax Lot 1200 without first obtaining
approval from the City of Ashland.
Property Owner(s) Agreeing t oiar W " er, Vic and Claudia Livelydhtey Sep tees g1,th, ively Family Trust
Signature Date a /
Signature Date
State of Oregon
County of Jackson
) f , t(
On this !5*' day of " 20A- before me personally appeared, tG aad - l~l f yf'
whose identity was proven to me on the basis of satisfactory" evidence to be the person(s) whose name(s) is (are) subscrib to this instru nt and
acknowledged that he (she) (they) executed the sa
N f Public for regon Commission Expiration Date
OFFICIAL STAMP
REGM MARIE TRAPP
NOTARY PUBLIC-OREGON
MMMISS[ON No 22Z422_
t W COMMISSION EPM APFUL 24 MO J
Approved by City of Ashland Planning Staff Date E ~J
CITY OF
ASHLAND
Grantor:
Property Owner: Vic and Claudia Lively , Trustees
O Property Owners Address: PO Box 3399, Ashland OR 97520
v Grantee:
~s Property Owner: Jason and Dana Schallheim
Property Owners Address: 399 Beach St., Ashland OR 97520
After Recordinq Return To:
City of Ashland
City Recorders Office
20 East Main Street, Ashland, OR 97520
Unless a change is requested all taxes shall be sent to: For county use
Grantor
AGREEMENT - SOLAR ACCESS WAIVER
Address of Property Requesting Solar Waiver: 399 Beach Street
Tax Lot # of Property Requesting Solar Waiver: 1200
Address of Property Agreeing to Solar Waiver: 391 Beach Street
Legal Description of Property Agreeing to Solar Waiver: The North Half of Lot Eighteen (18) of H. B. CARTER ADDITION to
the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record.
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 39 1 E 09DD Tax Lot # 1300).
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 as described in the legal description above.
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 being recorded to clarify a clerical error made in recording of the original
document (85-05018), and does not approve additional development of Tax Lot 1200 without first obtaining
approval from the City of Ashland.
Property Owner(s) Agreeing 3tf olar W err ;Vic and Claudia Livelydateds S ptember g5 t~b,~ively Family Trust
Signature Date /
Signature Date
State of Oregon ) u r0
County of Jackson)
On this r_* day of 20~, before me personally appeared, t L cal, 0(0C 46~'
whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscrib to this instr ent, and
acknowledged that he (she) (they) executed the sa
N t Public for regon Commission Expiration Date
OFFICIAL STAMP
REGAN MARIE TRAPP
NOTARY PUBLIC-OREGON
MY COMMISSION EJ0'M APRIL 24, 2018
Approved by City of Ashland Planning Staff v Date
G:lcomm-de4lanningWgreements0each_391_Solar Waiver_2.docc 915/2014
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