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HomeMy WebLinkAbout2002-120 Solar Access - MorjigSteven Morjig 611 Forest - CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 611 FOREST Tax Lot # of Property Requesting Solar Waiver: 391E 16AB TAX LOT 2009 Address of Property Agreeing to Solar Waiver: 6115 FOREST The undersigned, for themselves, their heirs, successors and assigns, con~,ent to i~ermit obstruction of their solar access rights described in Ch_apter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section I ~ f~ ~) Tax Lot # ~, dO ~1~ ), 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: 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Dated this day of STEPHEN H. MORJIG Property Ov~n~) Property Ow~) State of Oregon ) County of Jackson ) Personally appearedtheabovenamed ~ff~r.~ ~-~f'~--- and acknowledged the foregoing instrument to be'a voluntary act and deed. Before me: ~j~otary Public for Oregon My Commission expires: Approved ,19__ Ashland Planning Department 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 - ,02 37974, EXHIBIT A APPLICATION FOR A SOLAR WAIVER AT 611 FOREST STREET GRANTED BY 615 FOREST STREET GRANTEE: Steve Morjig 610 Chestnut Ashland, Oregon 488-2014 GRANTEE LOT #: 39-E 16AB Tax Lot # 2009 AGREEING GRANTOR: same as above AGREEING GRANTOR LOT #; 39-E 16AB Tax Lot # 2008 U.,GGAlL DESCRIPTION: Parcel 3 of Partition plat no. P-6-2000 a re-plat of parcels 1 & 3 of partition No. P-42-1998 & in the NE 1 /4 of sectionl 6, T.39S, R.1 E, W.M. EXPANATION: There are already significant tress along the property line between the two lots that shade the northerly property. And, whereas the house creating the solar shadow is designed with a minumum roof pitch, 3.5/12, and a setback two story section, attemps in the design have been made to lessen the solar impact. Also , a 6 fence casts a shadow when the sun is at the solar acces code standard of 23 degrees 13' 8" . The additional shaded area, considering existing trees, is negligible. -3 /'00' 02 37974 EXHIBIT B h? 77 I I sew T3 Jackson County, Oregon Recorded OFFI(-IAL RECORDS JUL 17 2002 a`t4 U'? CLERK {