HomeMy WebLinkAbout1996-042 Solar Access - Mittag '~ CITY OF ASHLAND
SOLAR ACCESS WAIVER AGREEMENT
Address of Property Requesting Solar Waiver 892 Harmony Lane, Ashland, Oregon
Tax Lot # of Property Requesting Solar Waiver 39-1E-15 AC TL 2200
Address of Property Agreeing to Solar Waiver 882 Harmony Lane, Ashland, Oregon
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 15 AC (Tax lot # 2300 ), 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. C)~ day of /~:~-/,:o?~
The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is
State of Oregon )
County of Jackson )
Property Owner
Vilas E. Mitt~g, mrus~ee
Property Owner
Ellen M. Hittag, trustee
Personally appeared the above named Vilas E. Mittag & Ellen M. Mittag,~ustees
of the Mirtag Family Trust dated Sept. 21, ±993 and acknowledged the
foregoing instrument to be a voluntary act and deed.
Before me~, ..
,,, No~ry-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
PAGE 1-SOLAR WAIVER AGREEMENT~:¢,~m~.~ob~.~r)(9/~)
Ashland Planning Department
9G-13~Tg
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.)
Commencing at a point 2.98 chains West and 0.14 chains
South of the Southeast corner of Donation Land Claim
No. 45 in Township 39 South, Range 1 East of the Wil-
lamette Meridian in Jackson County, Oregon, thence
South 682.0 feet, thence West 20.0 feet to the west
line of Peachey Lane in the City of Ashland, Oregon;
thence West 250.0 feet to the true point of beginning;
thence continue West 150.0 feet to east line of Harmony
Lane; thence North along said east line 65.0 feet;
thence East 150.0 feet; thence South 65.0 feet to the
true point of beginning.
PAGE 2-SOLAR WAIVER