HomeMy WebLinkAbout2005-293 Solar Access Waiver - Whitford
Jackson County Official Records 2005-078566
R-A
Cnt=1 Stn=4 SHAWBJ 12/29/200512:08:06 PM
$20.00 $5.00 $11.00 Total :$38.00
/III/III "/111/11111111/1111111
01166121200500785660040045
I. Kathleen S. Seckett, County Clerk for Jackson County, Oregon,
certify that the Instrument idertlned herein was recorded in the Clerk
records.
Kathleen S. Beckett - County Clerk
" , .' CITY OF ASHLAND
SO' \R ACCESS WAIVER AGREF"~ENT
Address of Property Requesting Solar Waiver 345 SCENIC DRIVE, ASHLAND 97520
Tax Lot # of Property Requesting Solar Waiver 39IE 05DC TL 400
Address of Property Agreeing to Solar Waiver 355 SCENIC DRIVE
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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, Section05'])c.. Tax Lot #.:100 ), further deSCribed by legal description in the attached Exhibit "An,
The undersigned certify and agree to the following:
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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 "B"; and to the shadow(s) cast by
such building(s) as noted in Exhibit "B".
4, The solar access rights described in Chapter 18:~0 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 hElld harmless for any
damages resulting to any person or property resulting from this waiver:
The consideration for this agreement is $1.00 and other good and valuable consideration, tlhe receipt of which is
acknowledged by the undersigned.
Dated this 28 74 day 0;::::' ",.5r . -fft" ~r
SAMUEL WHITFORD
Personally appeared the above named ~ .e- \ G-. W h j t ~O Y
and acknowledged the foregoing instrument to be a voluntary act and deed. ~. ~ (J I L-
,Before me: . OFFICIAL SEAL ~
, " KURT BERNHARDT .
\. ./ NOTARY PUBLIC. OREGON . ~otary P,ubllc for Oreg n
....., ,./ COMMISSION NO. 340264 My Commission expires: . I ~ rrJ ~O"Lf
MY COMMISSION EXPIRES DEC. 8. 2004 ,
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Approved Wov )... 3
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Ashland Planning Department
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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
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That the owner or owners of all property to be shaded, sign and
record with the County Clerk on the affected properties' deed, a
release form supplied by the City, which contains the fclllowing
information:
a. The signatures of all owners or registered leaseholders who
hold an interest in the property in question.
A statement that the waiver applies only to the specific
building or buildings to which the waiver is grant'sd.
A statement that the solar access guaranteed by this
Section is waived for that particular structure and the City is
held harmless for any damages resulting from the waiver.
A description and drawing of the shading which would
occur, and
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The Staff Advisor finds that:
a. The variance does not preclude the reasonable IJse of solar
energy on the site by Mure buildings; and
The variance does not diminish any substantial solar access
which benefits a habitable structure on an adjao3nt lot.
There are unique or unusual circumstances which apply to
this site which do not typically apply elsewhere.
18.70.070 Solar Access Permit for Protection from Shading by Vegetation.
A. A Solar Access Permit is applicable in the City of Ashland for protection
of shading by vegetation only. Shading by buildings is protected by the
setback provisions of this Ordinance.
B. Any property owner or lessee, or agent of either, may apply for a Solar
Access Permit from the Staff Advisor. The application shall be in such
form as the Staff Advisor may prescribe but shall, at a minimum, include
the following:
1. A fee of Fifty ($50.00) Dollars plus Ten ($10.00) Dollars for each
lot affected by the Solar Access Permit.
2. The applicant's name and address, the owner's name and
address, and the tax lot number of the property where the
proposed solar energy system is to be located.
3. A statement by the applicant that the solar energy system is
already installed or that it will be installed on the propeirty within
one (1) year following the granting of the permit.
4. The proposed site and location of the solar energy system, its
orientation with respect to true south, and its slope from the
horizontal shown clearly in drawing form.
5. A sun chart.
Revised February 1996
Title 18 Page 82
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[_ NOTE: THE FOllOWING EXHIBITS MUST BE ATTACHED TO THIS DOCUMENT: ]
EXHIBIT A
(Legal description of property agreeing to solar waiver.)
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EXHIBIT B
(Plot plan of both the property requesting solar waiver and the property
agreeing to the waiver. The plot plan must show, on the requesting
property, the specific building(s) and shadow(s) cast by such building(s)
and, on the agreeing property, the buildable space affected.)
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