HomeMy WebLinkAbout1989-042 Solar Access- SellerLA-35852
9--14555
SOLAR ACCESS WAIVER AGREEMENT
The undersigned, for themselves, their heirs, successors and assigns,
hereby consent to permit obstruction of their solar access rights as
guaranteed by Chapter 18.70 of the Ashland Municipal Code on that
portion of Tax Lot 39 1E 16AD, Tax Lot #4100 , further described by
legal description in attached Exhibit "A". The undersigned certify
and agree to the following:
1) This Agreement shall be binding upon their heirs, succes-
sors and assigns and. shall run with the land.
2) He/She/They are listed below as property owner(s).
3) That this Waiver applies only to the specific buildings(s)
noted in Exhibit "A"; and to the shadow cast by that building
as noted in Exhibit "A".
4) That the solar access guaranteed by Chapter 18.70 of the
Ashland Municipal Code is waived only for that buildable space
shown on Exhibit "A" and the City of Ashland is hereby
indemnified and shall be held harmless for any ~amages resul-
ting to it from this Waiver. i
5) The consideration for this Agreement is ONE~ DOLLAR ($1.00)
and other good and valuable consideration, the receipt of which
is hereby acknowledged by the property owner(s).
Dated thisl5~day of
May ,1989 .
p r~6 t~ r t y - _
Property Owner
Property Owner
Property Owner
· Sta'~.'~' o.f~,?.regon )
/"C~t.~j~t~f',~Jackson )ss. May 15 , 19 89
Y~ ,.-~,L~e~al.ly appeared the above-named ~THLE~N SEL~R-COX, T~stee,
~ '~: .[~d'[~ ~"kL~R, T~stee and acknowledged th~foregoi~g
.~: i~s~K~,%~.~[be their vo[(lntary act and deed.
: .......... ,?,,' ////
My Commission ~res~ 6/27/92
This document recorded on the deed of the aforementioned property
owner by the office of the Jackson Coupty Recorder this
day of
, 19..
'~C~cord~r '
Approved , 19
Ashland Planning Department
9- 4585
~-35852
.... EXHIBIT A
Commencing at the northeast corner of the West Half of the Southeast
Quarter of the Northeast Quarter of Section 16 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence
South 338.2 feet to the true point of beginning; thence South 98.8 feet;
thence West 130.0 feet; thence North 98.8 feet; thence East 130.0 feet to
the true point of beginning. EXCEPTING THEREFROM that portion conveyed to
City of Ashland, a municipal corporation of Oregon, for street purposes,
by deed recorded in Volume 564 page 451 of the Deed Records of Jackson
County, Oregon.
(Code 5-1, Account #1-9437-1, Map #391E16AD, Tax Lot #4100)
$9-14555
FXHIBIT A-1
THE PURPOSE OF THIS MAP IS TO SHC~; THE SHADOW CAST BY THE PROPOSED BUILDING ON 39 1E 16AD,
TAX LOT #4200 ACROSS PROPERTY. SHOWN IN EXHIBIT "A" ATTACHED AND KNOWN ALSO AS 39 1E 16AD,
TAX LOT #4100. THE PARCELS REFERENCED HEREIN ARE NOT SHOWN IN FULL ON THIS MAP.
Jackson Count, Ch'egoz,
Recto:deal
O.~2ICIAL RECORDS
///Z~-J-'JUL 1_,0 1989 ,~.~
~ATHLEEN S. BECKETT
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