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HomeMy WebLinkAbout2005-229 Solar Access Waiver - Thurmond CITY OF ASHLAND Jackson County Official ReGords 2005-063830 ~~~::1 Stn::3 MORGANS~;O/19/2005 11 :16:26 AM $10.00 $500 $11 .00 Total:$26.00 11111111111111111111111111111111 01150363200500638300020029 Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 I, Kathleen S. Beckett, County Clork for Jackson County, Oregon, certify that the Instrument Identified herein was recorded In the Clerk records. Kathleen S. Beckett - County Clerk SOLAR ACCESS WAIVER AGREEMENT For Count:r Use Address of Property Requesting Solar Waiver: 524 W. Nevada Tax Lot # of Property Requesting Solar Waiver: 6400 Address of Property Agreeing to Solar Waiver: 510 W. Nevada 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 05 AC- Tax Lot 7000 ), 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 "N. : 3. This waiver applies only to the specifIC building(s} noted in the atfached Exhibit "S.; and to the shadow(s) cast by such building(s) as noted in Exhibit "S". : . 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 "S" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting frorn this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration. the receipt of which is ackno dged the undersigned. Property Owner's Signatur -- r ?-t~S Property Owner's Signature Date State of Oregon ) -County of Jackson ) Onthis~ day of ~ , '20~, before me personally appeared, All f]'n:r 17+U rZ M 0 tJJ) . , whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executE,d the same. 0l(rl;'t-4~ liJ-;l'r-()lp Notary PubliC for Oregon Commission Expiration Date ~_- OFfiCIAL SEAL MA"I~ A MUNSELL I \ .' NDTAij~.f. !.IBLle-OREGON . ".. COMM'"ION NO. 360382 MY COMMI&610N EXPIRES OCT 25, 2006 Approved by City of Ashland Planning Staff ..~j~~ if. S;~ Date Cf' j.z 1/05 Grantor's Name and fddress lID DEVELOPMENI', lLC \ V Jackson County OIIiclal Records 2005-054925" R-IlSD - THIS SPACE RESERVEI CnI=1 S1n=3 MORGANsR8I08l2OO6 02:3:0:00 PM :> $5.00 $5.00 $11.00 Total:S21.00 ( IIIIIII~IIIIIII~ IIIIIIIII~IIIIIII 0114070(120050054825(1010018 ~ t<,lhl..n'. l.clli.a:, COUnty e...... ,., JlCk..,. c....nty, l:ngon, cdft Ihet the I,*",",enl IlIendnd h....ln wall (K....II In h Ckril. ..c.... K8lhleen S. Beckelt . C"l'nly Clerk lll13ll-ev BIlLINGS RANCH Grantee's Name and Address A fter recording return to: AMERITlTLE 346 E. MAIN Sf AHSlAND, OR 97520 Until a change is requested all lax statements shall be sent 10 The following address: *NO CHANGE* Escrow No. ==--=z==========-~=-------=- BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That BIlLINGS RANCH GOLF GROUP, u.c, AN OREGON LLC hereinafter cal!~~ntor, for the consideration hereinafter stated, docs hereby grant, bargain, sell and convey unto lID DEVELOPMENT ue, AN OREGON LIMITED LIABILI'IY <ntPANY hereinafter called grantcc, and unto grantee's heirs, successors and assigns all of that cenain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anyway appenaining, silUated in the Counly of JACKSON, Sltate of Oregon, described as follows, to wit: LOI'S 18 1HROUGH 25 INCUISlVE, IN BIlLINGS RANCH SUBDMSlOO A PlANNED cnHJNI'IY IN 1lIE CI'IY OF ASHLAND, JACKSOO <DUNIY, ORFGON, ACCDRDING rO '!HE OFFICIAL PlAT lHEREX>F, tnI OF REOORD. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULA nONS. BEFORE SIGNING OR ACCEPTING TlIIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. To Have and to Hold tbe same unto grantee and grantcc's heirs, successors and assigns ~ The true and actual consideration paid for Ibis transfer, stated in terms of dollars, is S However, the actual consideration consists of or includes other pcoperty or value given or promised which is the whole I part of the consideration. In construing this deed, where the context so requires, tbe singular incl~ plural and all gram tical changes shall be made so that this deed shall apply equally to eorpontJiDps.l individ ~ ___1!J,~ess Whereof, the grantor has executed this instrument this.llt::.- day of ,~ ~ if a corporate granlor, it has caused its name 10 be signed and its seal if any, affixed by an officer or other person duly authorized to do so by order of its board of directors. GROOP, llc, AN OREGON u.c . OFFlClAl.seAL EVA VINEYARD . . NOTARV PUSUC . OREGON COMMISSION NO. 378254 MY COMMISSION EXPIRES APRil 30. ~ Stale of Oregon County of JACKSON Thi5-il\liImIDC(lUVJ.U!:knowledg~d before me on MANAU1NG MM1Bt:R OF BILLINGS I?-/~s- by MIQIAEL R. PERU AS AlJI'HORIZED u.c, AN O~ u.c 9-