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HomeMy WebLinkAbout2004-018 Solar Access - HellerJackson County Official Records 2004-017781 E-A Cnt=l Stn=3 MORGANS~)4/05/2004 12:10:03 PM This is a nofee document NO FEE 01019105200400177810050052 I Kathieen S Beckett, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Kathleen S Beckett - County Clerk CITY OF ASHLAND SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver 197 MORTON STREET, ASHLAND Tax Lot # of Property Requesting Solar Waiver AddressofProperty AgreeingtoSolarWaiver 197 MORTON STREET /f 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'~9-i ~--- Tax Lot # ~ ¢) ,-~ ), further 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 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 undersi~d. Dated this / z?L day of '"'''g b)~/~' The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is ,,, ','-~.:-:~, OFFICIAL SEAL ~ COMMISSION NO. 361487 MY COMMISSION EXPIRES SEP 23. 2006 J ' "' '/Property"d~¢n'b'r'-, Property Owner DANIEL HELLER State of Oregon ) / / County of Jackson ) ,-J ~_,/) L/ Personally appeared the above named ~,~ ,A,j / ~- Z-. /Z~/(¢ // and acknowledged the foregoing instrument to be a voluntary act and deed. Before me: ~....z~ 4.LA-~' ,/~ -,'LC Notary Public for Oregon My Commission expires: 6'~- ~%_.~ --('~/,~ Approved ,19 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 EXHIBIT A The north 50 feet of the parcel of land situated in the Northwest Quarter of the Southeast Quarter of Section 9 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, described as follows: Beginning at the intersection of the north line of Iowa Street and the west line of Morton Street in the City of Ashland, Jackson County, Oregon; thence West, along the north line of Iowa Street, 100.0 feet; then North, parallel to the west line of Morton Stree'~, 105.0 feet; thence East, parallel to the north line of Iowa Street, 100.0 feet, to the west line of Morton Street; Thence South, along the west line of Morton Street, 105.0 feet to the point of beginning. _frO' I I "7/I 4-[6 ~3 This document has been acknowledged by Susan Yates on behalf of the City of Ashland. Susan Yates, Executive S,~retary Date: April 2, 2004 STATE OF OREGON ) County of Jackson ) On this 2nd day of April, 2004, before me personally appeared Susan Yates, whose identity was proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that she executed the same. ~,~-'~ OFFICIAL SEAL ~ ~.-~x NANCY E SLOCUI~ NOTARY PUBpC FOR OREGON MY COMMISSION EXPIRES: ~/