HomeMy WebLinkAbout2003-071 Solar Access-Spencer03 38934
CITY OF ASHLAND
S JLAR ACCESS WAIVER AGR .EMENT
Address of Property Requesting Solar Waiver 2275 SISKIYOU BLVD ASHLAND OR
Tax Lot # of Property Requesting Solar Waiver TAX LOT 3600 MAP 391E 14CB
Address of Property Agreeing to Solar Waiver 945 JAQUELYN STREET ASHLAND OR
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 ,. ~.[.~_~Tax Lot # ~:,OO~ ), further des-cribed 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.
.
The undersigned are the owners of the property described on Exhibit "A".
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".
.
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:
o
acknowledged by the undersigned.
Dated this //,./~ day of ~_/_~
The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is
HARRY SPENCER & LESLIE SPENCER
- Prope"rty Owner
State of Oregon )
County of Jackson ) //.~ , +9 ,~O~ ~L
Personally appeared the above named ~~.~'~ ,/'~f_.~/~_-~./?y~",~..
and acknowledged the foregoing instrument to be'a volun~ ~ ~nd ~eed. ' ....
~ ~ OFFICIAL SEAL ~
Before me: ~~~ KATHRYN M FONTES ~ ~~ No~ Public f~ OregOn
~[~~ NOTARY PUBLIC - OREGON ~
~ ~%~/ COMMISSION NO. 344644 ~ My ~ommission expires: ~~
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
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.)
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EXHIBIT A
Beginning at the 1/2 inch iron pipe from which the initial point of EDMONDS
SUBDIVISION, situated in the Northwest Quarter of Section 14, Township 39 South,
Range 1 East of the Willamette Meridian, Jackson County, Oregon, bears North
66046'50'' East, 877.47 feet; thence South l°23'25'' West, 204.84 feet to a 1/2 inch
iron pipe; thence South 78°39'05" West, 37.86 feet to a 1/2 inch iron pipe; thence
South 0°15'25" West, 300.47 feet to a 3/4 inch iron pipe; thence South 0°15'25" West,
13.0 feet, more or less, to the northerly right of way line of the Pacific Highway;
thence South 56°15' East, along said highway line 246.0 feet, more or less, to the
east line of the Northwest Quarter of the Southwest Quarter of said Section 14;
thence North, along said east line and the east line of the Southwest Quarter of the
Northwest Quarter of said Section 14, a distance of 720.4 feet, more or less, to a
point which is south 450.0 feet from the northeast corner of the Southeast Quarter of
the Southwest Quarter of the Northwest Quarter of said Section 14; thence West, 171.5
feet, more or less, to a point which is north l°23'25" East from the point of
beginning; thence South l°23'25" West, 59.0 feet, more or less, to the true point of
beginning. EXCEPTING THEREFROM: Beginning at a 1/2 inch iron pipe from which the
initial point of EDMONDS SUBDIVISION, situated in the Northwest Quarter of Section
14, Township 39 South, Range 1 East of the Willamette Meridian Jackson County,
Oregon, bears North 66046'50'' East, 877.47 feet; thence North 1°23'25'' East, 59.0
feet to the northwest corner of that tract described in instrument recorded as No.
75-13344, Official Records; thence East along the North line, 171.5 feet to a point
on the West line of EDMONDS SUBDIVISION; thence South along the west line thereof,
300.0 feet; thence West 273.0 feet, more or less, to a point South 0°15'20" West from
a 3/4 inch iron pipe located on the west line of said tract described in No.
75-13344, Official Records, and referenced by Survey No. 4041, dated June 26, 1969,
George Burrell, Surveyor and filed with the Jackson County Surveyors Office; thence
North 0°15'25" East, 20.0 feet, more or less, to said 3/4 inch iron pipe; thence
North 78039'05'' East, 37.66 feet to an iron pipe; thence North l°23'25'' East, 204.84
feet to the point of beginning.
(Code 5-01, Account #1-061171-7, Map #391E14CB, Tax Lot #3600~
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