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HomeMy WebLinkAbout1993-005 Solar Access -Traister93-12012 CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver Tax Lot Cf of Property Requesting Solar Waiver 243 Fourth Street Tax Lot~ ~ 3000 -- Address of Property Agreeing to Solar Waiver 265 Fourth Street 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 09]~A (Tax lot Cf 3200 ), 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. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is Dated this 7 day of . '?4' ~. ;~ ;,, ."' ,'" ~-'.' State of ' ,,"~ County of Jackson ) Personally appeared the above named Properb] Owner and acknowledged the foregoing instrument to be a voluntary act and deed.~ ¢o_~ ~.. /~ ~~ " Before me: _Sj~z)~ ~ ~. ~~.~,~/~ ~ ~.~_~~ Notary Public for regon My Commission expires: ~/~ ~ ~..~ This document recorded on the deed of the aforementioned property owner(s) by the Office of the Jackson Count' Recorder this~ day of ,19 . County Recorder Approved ,19 Ashland Planning Department PAGE 1-SOLAR WAIVER AGREEMENT~:p~m~X,o]ar.~r)(wgz) Marta Traister NOTE: THE FOLLOWING EXHIBITS MUST BE &TTACHED 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.) PAGE 2-SOLAR WAIVER AGREEMENT~:p~m~.w~r)(9/~) ~ x EXHIBIT "A" Solar Waiver Agreement ( Legal Description Of Property Agreeing To Solar Waiver ) Lots 3~,32,33 and 34 of Block "C" of the RAILROAD ADDITION TO the City of Ashland, Jackson County, Oregon. apr ~ 6 199~ ~ M. KATHLEEN S. BECKEIT