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HomeMy WebLinkAbout2006-182 Solar Access Waiver - Phelps/Friedl a:z1e8 woo~ ... C!:l C') - ...,wco- ...IWccC')> <io .lE w .0.... ~woZ= .d"'- - Jackson County Official Records 2006-046909 R.A Cnt=1 Stn=3 MORGANSQ9/15/200611 :20:07 AM $15.00 $5.00 $11.00 Total:$31.00 111111111 111111111111 III I "'I 01218240200600469090030033 CITY OF ASHLAND Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 Kathleen S. Beckett - County Clerk I, Kathleen S. Beckett, County Clerk for Jackson County, Oregon, certify that the Instrument Identified heroin was recorded In the Clerk records. SOLAR ACCESS WAIVER AGREEMENT For County Use Address of Property Requesting Solar Waiver: 777 JAQUELYN STREET Tax Lot # of Property Requesting Solar Waiver: 771 JAQUELYN STREET ~'I ,../ "J /' /'; i :::J Cl ? u e l'll-l ( 1=d1 ~I:; tv 9met-l d '11/ Address of Property Agreeing to Solar Waiver 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 /'-l8( Tax Lot # ~ co ), 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 "8"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 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 "8" 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 acknowled~ed ~~e ~.- . PropertyOwner'SSllJnature~ . ~~ Date S - 0 - 00 Property Owner's Signature ~ ~ Oed", J~- to -- f) b State of Oregon ) County of Jackson ) Onthis-Z!...":taYOf Mtty . 20()". before me personally appeared, EMILY LUCILE PHELPS and MICHAEL G. FRIEDL ,A1tc/'ae.1 G, Fr,.edJ . 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) executed the same. ~ri~,4-.tU~ tfIor: Ht.2ro, Notary Publ or Oregon / Commission Expiration Date . OFFICiAl SEAL MARGARETE MIEGER ;... ...i"'~~~I~~~I~~_, ab I taft i~~ dJ. ~~ Date 7/7/06 . , I :;. 1"" p~ . "",t., ! / COMPUTER GENERATED tADOW BASED ON: 1 . 'SOLAR ANGLE OF 240 (DEC 21) 2 GROUND SLOPE OF -0.04 (DOWNHILL IS TOWARD THE NORTH) 3. GROUND SHADOW CAST BY AN EAVE 12'-6" ABOVE NATURAL GRADE 4. ROOF PITCH IS 5/12 (EAVES GOVERN) -115'-4" 100'-0" NORTH -- PROPERTY LINE 9 N N I / ,/ / / // // / // / / PROPOSED GARAGE SHADOW OF //EXISTING GABLE /// I SHADOW OF //PROPOSED GARAGE /" / / / / 9 N C'i 1Cf'-4" JAQUEL YN ST SOLAR ACCESS WAIVER PLOT PLAN SCALE: 1 "=32'-0" - -;'-4" RECEIVED REQUESTING PROPERTY: 777 JAQUEL YN ST GRANTING PROERTY: 771 JAQUEL YN ST MAY 1 8 2006 DRAWN BY: BILL EMERY 5/11/06 CIty of Ashland Community Development ;) APN: 1-077597-1 StatutO!)' Warranty Deed . continued File No.: 7162-599046 (JMW) Date: 07/15/2005 EXHIBIT A LEGAL DESCRIPTION: That tract situated in the Northwest Quarter of Section 14 in Township 39 South, Range 1 East of the Wlllamette Meridian in Jackson County, Oregon, more fully described as follows: Commendng at a 1 inch diameter iron pipe with a 2-1/2 inch diameter brass cap monumentlng the center Quarter corner of Section 14 in said Township and Range; thence North 530 39' 29" West 1682.03 feet to a 5/8 inch iron pin situated on the Westerly right of way of Jacqualyn Street in the City of Ashland, Jackson County, Oregon, for the true point of beginning; thence, along said right of way, South 000 01' 28" East 99.92 feet to a 5/8 inch iron pin; thence, leaving said right of way, North 890 SO' 39" West 187.94 feet to the Southeast corner of the tract described in deed recorded as Document No. 66-08969, Offidal Records of Jackson County, Oregon; thence North 000 00' 46" West, along the East boundary of said described tract 100.01 feet (Deed record North 000 22' 30" West 100.00 feet) to ci 5/8 inch iron pin; thence South 890 49' OS" East 187.92 feet to the true point of beginning. Page 3 of 3 :3 RECEIVED MAY 1 8 2006 City of Ashland Community Development T