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HomeMy WebLinkAbout2003-075 Solar Access-Jones CITY OF ASHLAND .. 03 38938, SOLAR ACCESS WAIVER AGREEMENT /g) __ Address of Properly Requesting Solar Waiver 643 FAITH AVE Tax Lot # of Property Requesting Solar Waiver TL 3300 Address of Properly Agreeing to Solar Waiver 641 FAITH AVE The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access dghts described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section /.5-/I ,.~ Tax Lot # -~ I00 ), fudher desbribed 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 dghts 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: 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 ~'~-T · GREGORY JONES & ELIZABETH JONES State of Oregon County of Jackson ) P ersor, ally appeared the anbOVe named and acknowledged the foregoing i strument to be a voluntary act and deed. Notaw Public f My Commission expires: Approved _, 19 Ashland Planning Department This document recorded on the deed of tile aforementioned property owner(s) by the Office of tile Jackson County Recorder this day of , 19 County Rec'.order NOTE: THE FOLLOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: EXHIBlf A (Legal description of property agreeing to solar waiver.) EXFIIBIT 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 properly, the buildable space affected.) 38938 Order No. 743103-DP Exhibit 'A' Beginning at a point on the east line of Section 15 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, which point is South 0°10' East 565.0 feet from the northeast corner thereof; thence West 320.82 feet to a point which is the northwest corner of property described in Volume 389 page 194 of Jackson County, Oregon, Deed Records, and the true point of beginning; thence South 90.0 feet; thence East 163.0 feet, more or less, to the west line of Faith Avenue in the City of Ashland in Jackson County, Oregon; thence North 3°08'30'' East along the west line of Faith Avenue to a point on the north line of property described in Volume 389 page 194 said Deed Records; thence West along the north line of said property to the true point of beginning. Jackson County, Oregon Recorded OFFICIAL RECORDS 03 38938 E-XJ-!t8IT 5 *5141rb9~ 1'fUJDUl.El) -e,y <S*~(~ fNf) OF 1200 f I 'J I - 3 II TO PEA K f+~o"E.- N I), VI M L 6- R-Jt bE - 10 'P 2' - q II V 10 L" IC'S 50LJlIL Ofl- b J ~ A AI ct.. AT ZL/o SLoPE sH-AOow V fZo ::JEC-TS oN 10 ,Il~ LoT it: 3100 13 'I I 7 I . '1 ."),. - - \ 1: -rIJ-'i LoT ""'3000 ~ 1> c.. '11 pflope/LTY L IlJt J /)4 ~ f..,o T '3 100 7.15 3/ ~ d-------SCALE-/-.,;;:; 2-0 I 7 'N \ ~ ~ PRopos~ b I-IOIA / "1. J I ~---_. -' L 17' Jackson Count~ 0 Recorded regon OFFICIAL RECORDS . JUN 1 6 2003 ~:o 9P/V1 COUNT~~