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HomeMy WebLinkAbout2005-292 Solar Access Waiver - Medinger/Zare ~~~kson County Official Records 2005-078565 Cnt= 1 Stn=4 SHAVVBJ 12/29/2005 12:08:06 PM $1111if~nln 1I111111~f~lnw 01166120200500785650020024 I, K~thleen S. Beckett, County Clerk for Jackson County Oregon ~:~~%~hat the Instrument identlned herein was recorde'; In the Clerk Kathleen S. Beckett - County Clerk Address of Property Requesting Solar Waiver CITY OF ASHLAND SOLt . ACCESS WAIVER AGREE' :NT Address of Property Requesting Solar Waiver 539 MOUNTAIN MEADOWS DRIVE Tax Lot # of Property Requesting Solar Waiver TAX LOT 111 Address of Property Agreeing to Solar Waiver TAX LOT 900 (MAILING ADDRESS 1339 WEST VALLEY VIEW ROAD) 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 II 'f -AC Tax Lot # !l ()t) ), further des'cribed by legal description in the attached Exhibit" A-. -6 V. ~oo5 - () 17),0 ~ 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-o 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-o 4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are wc:lived only for that buildable space shown on Exhibit "S- and the City of Ashland is indemnified and shall be 11eld harmless for any damages resulting to any person or property res'ulting from this waiver: 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Dated this --20 tt day of OJ~ BEN ZARE / LARRY MEDINGER OffICII\\.. SE~bNG \{~'n"'R'fN ~ OREGOM Ql/1.R'I PUBLIC 37373~ ~OMM\SS\~~\~Pui:1. Iii, 1~~1 It'I~ tGlt'Ilt'I\~~\Gl\ ~-JA~", 0 .~ Property Owner ~~~~.G.4- . Prope Owner State of Oregon County of Jackson ( ... \.,). 'C'll'..I;,.c \ t ( ) .~ Personally appeared the above named I'j--{ \1 L CL r t" and acknowledged the foregoing instrument to be a voluntary act and deed. ) ) "-" . Ie (.'.- , f";:I ( J L.(L 'n'"'\ I \t.(t (',#1. \" { \ (~j fl.'V /,. \~>I-~- . - Notal Public for Oregdn My Commission ~xpires: lL' . I -SC' 7 Before me: ...............++++..+..+++.+..+++......+..+....+..+.....+++++++.+.++.+ Approve,j ~ ~O\) \.'0 , J..S 2005 . Ashland Planning Department . + + + + + . . . + + . + + + . . . + + + + . + + + . . . + . . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + . This dcc~ment rl':>rord..ed on the ~Rf the afore10tiOned property owner,s) 1Z tCf~Cf the Jackson County Recorder this _.... _day of 'II f31~IY .' {~ ,4Q- J 5 County Recorder / Grantee: BEN & LINDA ZARE Jackson County, Or.;o" R.corded OFFI(,,:IAl VECOIlDS l ~ ~;:jt" REGii"UIltG RETUftI 10: ~Amtle~ ~Ae-~/L-.s fo U 01 44370 REDHA CORP. Grantor: _z___________...____.___~~___._._=~= SEP 1~_ q~oo~ ~~>J COUNTY CLERK APTER. RECORDING RETURN TO: ________________________.___________..____aa_______._.....__c::._........._____ BARGAIN AND SALE DBBD ~ ., E~~,&rrA KNOW ALL MEN BY THESB PRBSBNTS, That REDBA CCRPCRATIOO . herein called grantor, for the consideration herein stated. does hereby grant, bargain. sell and convey unto R'F.N ANn r.nm& M 7.AR~. 'f'Ig,~ (W '1'RR 7.&1)." f.OY:VJG ~'l$'" herein called grantee, and unto grantee's heirs. successors and assigns all of that certain real property with the tenements. hereditaments and appurtenances thereunto belonging or in anywise appertaining. situated in the County of .1M'J(~ State of Oregon, described as follows, to wit: PARCEL 00. 2 OF PARTITICN PLAT 00. P-7-2000 OF THE RFaRDS OF JACKSC6 CXJlHl.'Y, CRE~; FILED FEBRUARY 7, 2000, INDEX VOLl.J'IE 11, PAGE 7, Cl:U'lTY stlRVBY 00. 16412 THIS INS'l'RUMBNT WILL NOT ALLOW USE 01" TIm PROPERTY DBSCRIBBD IN THIS IHS'l'RlJMBH'1' IN VIOLATION 01" APPLICABLE LAND USB LAWS AND RBGULATIONS. BBFORB SIGNING OR ACCEPTING THIS INSTRUMENT. THE PSRSON ACQUIRING FBB TITLE TO THE PROPSRTY SHOULD CHBClC WITH THE APPROPRIATB CITY OR COUNTY PLANNXNO DBPARTMBN'l' TO VERI" APPROVED USBS AND TO DBTBRMINB ANY LIMITS ON LAWSUITS AGAINST PARMING OR FORBST PRACTICES AS DBFINED IN ORS 30.930. To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this tranafer. Btated in terms of dollars, is $ ~~ However, the actual consideration consists of or includes other property or value given or promised which is the whole / part of the consideration. In construing this deed and where the context 80 requires, the singluar includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this lCL- day of !".~I\F.R ?OCll ; if . corporate grantor. it has caused its name to be signed and its seal affixed by an officer or other person duly author- ized to do so by order of its board of directors. ~ax statements shall be mailed to: 339 WEST VALLEY VIEW, ASHLAND, ~. 97520 . OF':CIAlSEAL LOIS L. STEVENS NOTA.... PUBUc;.<)REGON . .. CChIM<SSlON NO 33lI418 lIlY CQUIolISSIOfo E).,',ReS SEPT 23.2004 1'1 F.T1RA C'nRPrJ:l A'l'TNII RY. ~h....""~ BFN ZARE ~ S~A1"E OF ~ 55. SEPl'EMBER 10 2001 COmITY OF J J\CKSCN Personally appeared the above named RFN 7.ARP.. PQP..<:Tn""'" n1" RF.flI.lA I"l"QPrJ:lATTNII and acknowledged ~he foregoing instrument to be ~ voluntary act. Before Ille: ~ ~:~( . ary Public for n:lP1:["N My commission expires Q/'~/n4 (seal) !J-