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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