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HomeMy WebLinkAbout2004-020 Solar Access - HallJackson County Official Records ~ R-A Cnt=l Stn=7 CREWSRA01/30/2004 12:30:01 PM Si 5 00 S5.O0 S~ 1 00 Total :$31.00 Jackson County Official Records 2004-017787 R-A cnt=l sin=3 MORGANS~0410512004 12:15:36 PM This is a nofee document NO FEE 01019111200400177870040045 I, Kathleen S, Becket't, 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 ASHLANL SOLAR ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver: 924 Park Street, Ashland Tax Lot # of Property Requesting Solar Waiver: 391E - 15HD 3404 Address of Property Agreeing to Solar Waiver: 910 Park Street, Ashland 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 .i~c~'i i::~ Tax Lot # t ~ (-107z,~lO~.~), 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. 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: Dated this The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Lauren Hall & Janet Robbins-Tuck (,,,. / - v ~rop~rt~ O~ner ' ~/ Prope~ Owner State of Oregon County of Jackson Personally appeared the above named LC_AL.t_ ~<_,, ~-'~.G t t O..¢~ ' '.-%--'--~ ~ and acknowledged the foregoing instrument to be a voluntaw act and deed. Before me: ~~ ~~ ~~~.~-,, ~ -- ~ot~ Publi~r Oregon ~~~.~ ~ My Commission expires: Approved ~'? :,', '~ ~ .-~ ~.~ ,---t9 ...?¢;'c'_ ...~... ~-- z' .- ~ .. Ashland Planning Depa~ment 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 A ~ract or parcel of land situated in a portion of Lot Five (5) BELLEVUE TPJICTS to the City of Ashland, in the East Half of Section 15, Township 39 South, Range!l West.of the Willamette Meridian in Jackson County, Oregon described as follows: Commencing at a 2-1/2" diameter brass disk monumenting the southeast corner of Donation Land Claim ~o. 45; thence South 27°44'26" East 1018.60 feet to a 5/8" iron pin, situated on the easterly right of way of Park Street, said point lies North 00014'32'' East 244.52 feet of ;he southwest corner of Lot Five (5) BELLEVUE TRACTS, City of Ashland, as described in document No. 85-17876 of the Official Records of Jackson County, Oregon, the true point of begir~ing; thence along said right of way North 00°14'32'' East 68.00 feet to a 5/8" iron pin; thence leaving said right of way South 89o46'50" East 153.37 feet to a 5/8" iron pin; thence South 00°14'42" West (Plat Record South 00°14'44" West)67.95 feet along the easterly line of said Lot 5, BELLEVIIE TRACTS to a 5/8" iron pin; thence North 89o47'38" West (Record North 89°47'41" West) 153.36 feet to the true point o~ beginning. {Code 5-0!, Account ~1-76300-7, Map #39!E15AD, Tax LoU ~3405) SUBJECT TO: 1. The effect of said property, or any part thereof, lying within zhe Talent Irrigation District, and sub]ect to all water and irrigation rights, easements for ditches and canals, and all regulations of said District, including any ~nd all assessments, liens and charges assessed, and to be assessed. 2. Solar Envelope and set backs, as set forth on Minor Land Partition recorded in Volume 8, page 18 of "Minor Land Partition" in Jackson County, Oregon, s_nd filed as Survey No. 11082 in the office of the Jackson County Surveyor. STATE OF OREGON. COUNTY OF The foregoing instrument was acknowledged before me thi ~___ day of APRIL, 1999, by SCOTT MCGREW, who executed the within instrument as HIS voluntary act a_nd deed. Not~a~y Public for Oregon  OFFICIAL SEAL ~ E EASTMAN NOTARY PUBLIC-OREGON COMMI,.~ION NO, 0522?0 MY COMMISSION EX~P~S MAR. 18, 2000 STATE OF WASHINGTON COUNTY OF The foregoing instrument was acknowledged before me this ~ day of APRIL, 1999, by BRUCE MCGREW and CATHERI~/E PL~L, who executed the within instrument as their voiunUaz-y acm and deed. Notary Public for Washington My commission expires Jack:on Cc~nty, Oregon Recorded OFFICIAL RECORDS UNTY CLERK This document has been acknowledged by Susan Yates on behalf of the City of Ashland. Susan Yates, Exe¢~/tive Secretary 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. OF'FICIAL SEAL NANCY E SLOCUM NOTARY PUBLIC - OREGON COMMiSSiON NO. 371650 ~Y COMMISSION EXPIRES SEPT. 18, 2007 NOT~i~V PUBI?{C FOR OREGON MY COMMISSION EXPIRES: :il-