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HomeMy WebLinkAbout2005-291 Solar Access Waiver - Slack CITY OF ASHLAND Jackson County Official Records 2005-078569 ~~~=1 Stn=4 SHAWBJ 12/291200512:08:06 PM $20.00 $5.00 $11.00 Total:$36.00 II1III11 LlUJlJ.JlJIlJl Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 I, Kathleen S. Seckett, County Clerk 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 County Use Address of Property Requesting Solar Waiver: 811 ROCA STREET f/I /580 197 q CCaS.1- ~ 1(70 11 (!l C- CL S't, Tax Lot # of Property Requesting Solar Waiver: 15BC 2100 Address of Property Agreeing to Solar Waiver: 799 ROCA 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 15BC Tax Lot #2000, 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 "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 from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is ackno ~ged by the undersigned. Date I k ~l ~y C) 5 ...~ - /,~( - (':;- '-' Property Owner's Signature GARY M SLACK Property Owner's Signature JULIA SHARON SLACK Date State of Oregon ) County of Jackson ) o~s ~ day of f4 nf\ ,20.fLS.., before me personally appeared, (,;'Ir'l l( .:-'::;/a (jc.- Ot\ (.f J Ult C ,'5 h/J.('C' /\ ,rlc.(( /<", , whose identity was proven to me on the basis of satisfactory evidence to be the pers (s) whose namefs) is (are) subscribed to this instrument, and acknowledged that he (she) (they) execut€'d the same. . . \ . (.~ lor' .. .' '/~/-1-<"- Y'~I )' -C> 7 Nota Public for regon Commission Expiration Date Appr annin Staff OFFICIAL SEAL NANCY E SLOCUM NOTARY PUBLIC - OREGON COMMISSION NO. 371650 MY COMMISSION EXPIRES SEPT. 18, 2007 M>u>i IU II .<,'t1.. I(.G)('''\ Date I .' ."' If L ~/ I." ,~! .' :~') --...-.;: G:\comm-dev\p{anning\Forms & Handouts\SOLAR WAIVER AGREEMENT.Revised 2-25-Q5.doc 2128/2005 v <b Jackson County Official Records 2004-03571 B R~D M Cnt= 1 Stn=4 SHAVIIBJ 06/25/2004 08:30:00 A $1000 $5 00 $1100 Total:$26.00 111111111I1111111111111111111111111111111111111111 01038447200400357180020029 40g0400R82ja After recording return to: Lawyers Title Insurence Corporation 1555 E. McAndrews Road, Suite 100 Medford OR 97504 Until a change is requested. all tax statements shall be sent to Grantee at the following address: 311 Old McCloud Rd Mount Shasta CA 96067 I, I<.athlr..n S Seckett County Cllrk fOI Jackson C!)unly Or.gon, I;ertiry lhlt the In.trument id,nUn.d herein w.. recorded In Ihe Cl,rk recordl Kathleen S Beckett. County Clerk STATUTORY WARRANTY DEED Jetf Vivian and Dawn Vivian, as terlar:ts by the entirety , Grantor, conveys and warrants to C;poffrey L. Blaisdell , Grantee, the following described real property free of encumbrances except as specifically set forth herein: See Exhibit "A" attached hereto and made a part hereof ThiS property is free of encumbrances, EXCEPT: See Exhibit "A" artached hereto and made a part hereof The true consideration for this conveyance is $ 306,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS 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 AG.AINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. . d-7~_, 2002 i.J_ day of . Dated thiS -- 117 ~ ~ I / ' , l4A~ ylll117'- STATE OF OREGON, COUNTY OF :1 (..- '-~'-- _.~ _ r . ~L The foregOing Instrument was ackno . edged before me this -.2;2_ day of ....j. -u./ )/ _' _ Jeff Vl'..ian anct Dawn Vivian ! ~ \ 7 '~ /~) (( l;it/t tL ;j NotarYPut.c i r orego;:"tj,;t/c,?-:-_; My commrs~( expires _._ _ .__1.... , by - ~ . 9FFICIAI. SEAL ~ NOTARY AUSTAD COMMIS PUBLIC-OREGON ~ COMfAl;:>;;'f.,,, =xP~k~~ NO. 3118759 JUNE 21 2007 --... ~ nJ I "0 Q r:: W :g ~ > ~ ..r:: jjJ :: ~ (.) ct:: - W ~ 0 a:<(~ U Il- ~ i- . E-< ~ ~ ~ ~ ~ ..- -p- C/l <t: u o ~ 140' 6I..AISt'el..l.. At't'ITION SITe PI..AN FOR SOl..AR VIIAlveR 56sle. 1/1t."- 1.00' i',""'" i, C,0 .i'C'/i) ? 40g0400882ja EXHIBIT A Commencing 25 0 feet East and 685.0 feet North of the southwest corner of the Northwest Qllarter of Section 15 in Township 39 South, Range 1 East of the willamette Meridian in Jackso~ County, Clregon; thence East 280.0 feet to the southeast corner of tract descrit)ed in \'olt:!T.e 369 page 239 of the Deed Records of ,Jackson County, Oregon,' thence North along the east line of said tract, a distance of 160 0 feet to the true point of beginning; ttlence continue lJorth along said line, a distance of 80.0 feet; thence West parallel wLth t~e south line of said tract, ~ distarlce of 140.0 feet; therlce Sc)uth parallel with the east line nf sai.l tract, a distance of 80.0 feet to a point West of the true point of beginning; thence East parallel ,,,,'ith the south lir.e of said tracL, a distance of 140.0 feet to thp ~rlle point of beginning. ":ude 5 01, Accoant #1 008999 0, 1-1ap #391EI5BC, Tax Lot #21001 Subject To: 1. The effect of said property, or any part thereof, lying within the Talent Irrigation Dist<ict, and subject to all water and irrigation rights, easements for ditches and canals, and all regulations of said District, including any and all assessments, liens and charges assessed, and to be assessed, 2. Easement O'Jer that portion lying ',"lithir. Roca Street, L-- t