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HomeMy WebLinkAbout1996-109 Solar Access-Mt Meadow/ 5, az) 96-22813 CITY OF ASHLAND SO R ACCESS WAIVER AGREEMENT Address of Property Requesting Solar Waiver 741 NEPENTHE ROAD Tax Lot # of Property Requesting Solar Waiver TAX LOT #12 3 Address of Property Agreeing to Solar Waiver 740 CREEK STONE WAY 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 4DA (Tax lot # 126 ), 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 "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.70 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 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 acknowledged by the undersigned. Dated this day of ?` ' 1996 MOUNTAIN MEADOWS L.L.C. BY: Property Owner MADELINE HILL, PRESIDENT, HILL ASSOCIATES, IN.C, MANAGER Property Owner State of Oregon ) County of Jackson) 119 i Personally appeared the above named MADELINE HILL PRESIDENT ASSOCIATES, INC., MANAGER, MOUNTAIN MEADOWS L.L.C. and acknowledged the foregoing instrument to be a voluntary act and deed. ,. Before me: OFFICIAL SEAL STELLA ?fMIN: Z* C '10"A NQ 3 My Lu'VIMiSON FORES )M k Notary Public for Oreg n, ?I My Commission expires:1".1 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 Approved 19 Ashland Planning Department PAGE 1-SOLAR WAIVER AGREEMENT(p:planning\sotar.wvr)(9/92) 96_22813 EXHIBIT A Lot / in MOUNTAIN MEADOWS SUBDIVISION, PHASE 1 in the City of Ashland, Jackson County, Oregon, according to the official plat thereof, now of record ?f t)G-22813 y?PA LOT 7 740 CREEK STONE WAY_? G 00 6' SOLAR FENCE "d JCK&um County, C *ew Recorded OFFICIAL RECORDS JU1_ 1 0 1996." ,,.nty Clerk \ \ HOUSE SHADOW '\ / C OPE E MUTUAL ACC _ /EASEMENT / 1/ 1 7 u/nrad an/nrRa'? / l I J/If RIW I /J ,o / /•b u /urea ,( ? I 1 / woeR au ' / / / l , eno rmR J/a / ? / I I ?. ;r WAS, 1'-d PARM W WnR Im of ..... ... . NEPENTHE ROAD SLOPE yy??-.00?138gLOT 6 741 NEPtTfTHE SSB 4S -71" SWEit - W "3 11"