HomeMy WebLinkAbout1996-062 Solar Access - Coffey96 16.)o7
Address of Property Requesting Solar Waiver 1015 Canyon Brk Drive
Tax Lot # of Property Requesting Solar Waiver
Address of Property Agreeing to Solar Waiver 1015 Clay Street
CITY OF ASHLAND
SOLAR ACCESS WAIVER AGREEMENT
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 I East, Section /~'C 6.~ (Tax lot # ~ d D ), 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 $1.00 and other good and valuable consideration, the receipt of which is
acknowledged by the undersigned.
Dated this /'~'¢~ day of /~/4/,// , 19 ?~,.
'' ..... P rOl~ e.~-y Ownbr
i~rop~~ner
State of Oregon )
County of Jackson )
Personally appeared the above named
foregoing instrument to be a voluntary act and deed.
Before me:
,19 ~(.,,
and acknowledCed the
~[ Notary P~blic for Oregon
My Commission expires:
This document recorded on the deed of the aforementioned property owner(s) by the Office of the
Jackson County Recorder this day of ,19
County Recorder
Approved , 19
Ashland Planning Department
PAGE i-SOLAR WAIVER
Coffey
3(-;-16057
NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT:
~,,~¢¢~ ?~,-~ (~egal description of prope~y agreeing to solar waiver.)
EXHIBIT B
(Plot plan of both the property requesting solar waiver and the property
agreeing to the waiver. The plot plan must show, on the requesting
property, the specific building(s) and shadow(s) cast by such building(s)
and, on the agreeing property, the buildable space affected.)
PAGE 2-SOLAR WAIVER AGREEMENT~:pm~.m¢sol~r.wvr)(9/~2)
LP 67583
EXHIBIT A
Lot Eighteen (18) in Block One (1) of CANYON PARK II SUBDIVISION, a
Planned Unit Development, to the City of Ashland, Jackson County, Oregon,
according to the official plat thereof, now of record. Together with a
right and easement of enjoyment in and to the Open Space Areas, and right
to utilization of the Pedestrian Access and Pedestrian Easements, as set
out in Declaration of Reservations, Easements, Conditions, Covenants,
Restrictions, Agreements, Liens and Assessments, recorded October 25,
1989 as No. 89-24742 of the Official Records of Jackson County, Oregon,
and amendment thereto recorded as No. 90-18474, said Official Records.
(Code 5-1, Account #1-77857-1, Map #391E14CC, Tax Lot #320)
Cou.h', O~.~n
Recorded
OFFIC~A! REC~q.O$