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Home My WebLink About2011-246 Solar Access Waiver - Oberto Breneiser Jackson County Official Records 2011-028293 R-A ,CITY OF Cnt=1 SHAWBJ 09/14/2011 01:36:35 PM ' 525.00 510.00$5.00$11.00$15.00 TOtal:$69.00 ASHLAND $3.00 Community Development—Planning Department IIIIIIII II IIIIIIIII IIIIIIIIIIIIII I II IIII IIIIII III 20 East Main Street,Ashland,OR 97520 Phone 541-488-5303 Fax 541-488-6006 8-6006 i.chhsun.walker,cent 014979282011r1002829930050059 that the Instrument identified herein was recorded In the Clerk SOLAR ACCESS WAIVER AGREEMENT records, Christine Walker-County Clerk Planning Action# - � Udo For County Use {, Address of Property Requesting Solar Waiver ({l0 sceh IU Elf / A5'A f CS.t� ok Tax Lot#of Property Requesting Solar Waiver -2A�j It Ob t'� Q` Y D i!-, Address of Property Agreeing to Solar Waiver (or) J�.�sttt)c, , Dr %h (duA OR Legal Description of Property Agreeing to Solar Waiver(Attach,if necessary) 3 l 4E /dcb uuqqf, 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 OR Ab Tax Lot# 295501 ), 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. Propert (s)Agreeing to Solar Waiver RAN Sig44na " ll 1 Date S Signature Date State of Oregon ) County offJ Jackson )On this J r' `98y of rn 61.0/ 20 (� beroie me nally appeared, rQ ti Q I SQ/Li whose identity was proven to me o the basis of satisfacto ' ence to be the r n(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he(she)(they)executed the same. / o l a Publ' r on com I ission� w I N I 9 Piration Date WAL LAURA L. 611ffti `/ NOTAFIY PUBLIC OREGON COMML8810N N0.JA 445 MY COMMISSION t7tPBl� N• 91 10.2013 Approved by City of Ashland Planning Sta Date o G.momdawYenninpKOmga HeapaWS�SOIr WJw,lpn doc Y101. NOTE: The following exhibits must be attached to the Solar Access Waiver Agreement: (Make sure documents have at least a 1" margin on all sides for County recording purposes) EXHIBIT A 39 lE a&fib 2,5"p! (#JrAr%CH*-wP) (Legal description of property agreeing to solar waiver) 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. See attached sample.) oFeicw. ttr+coBUs 89-105 : o I MAY 2 21989 PA FAIBIT "N' KATHLEEN S. BECKETT X RK aad HE ER A/ IDsuty A tract or parcel of land situated in Donation Land Claim No. 40 and the Northeast quarter of Section 8, Township 39 South, Range 1 East of the Willamette Aleridian, Jackson County, Oregon and being more fully described as follows: Commencing at the Southwest corner of Donation land Claim No. 40, said 'Township and Range; thence North 00° 04' 40' East along the West boundary line of said claim, 647.55 feet to a 5/8 x 24 inch iron pin for the true point of beginning; thence continuing North 00" 04' 40' East (D.R. North) 88.35 feet to a 5/8x 24 inch iron pin situated at the Southwest corner of Volume 278, Page 454 of tite Jackson County, Oregon, Deed Records; thence leaving said claim line, South 67° 25' 20' East (D.R. South 67" 30' East, 135.30 feet) 135.30 feet to a 5/8x 24 inch iron pill, thence South 00° 04' 40' West and parallel to the West boundary line of Donation land Claim No. 40 (D.R. South) 55.35 feet to a 5/8 x 24 inch iron pin; thence North 81" 22' 46' West, 126.40 feel to the point of beginning. IDLE 11ER 141111 and Mso including a sanitary sewer easement over and across a strip of land 10 feet in width and lying 5.0 feel on each side of the following described centerline: Commencing at the Southwest corner of Donation land Claim No. 40, said Township and Range: thence North 00° 04' 40' East along the West boundary line of said claim, 735.90 feet to a 5/8 x 24 inch iron pin situated at the Southwest corner of Volume 278, Page 454, of the Jackson County, Oregon, Deed Records; thence leaving said claim line, South 67" 25' 20' East (D.R. South 67° 30' East). 111.3 feet to the true point of beginning; thence North 34° 58' East 111.2 feet, more or less, to an existing sanitary sewer casement as described in Document No. 72-03207, Official Records of Jackson County, Oregon and being the terminus of this easement. SUBJECC TO: Rights of the public in and to any portion lying trithin the limits of public roadaays, if any, and/or rights of private parties over any portion lying within enasting roadaays or drixeways not disclosed by the public recor ds. Easemzrnt for sanitary setter, including the terns and provisions thereof, as disclosed in Wcumnt Ro. 75-15089, Official Records of Jackson, County, Oregon. A Trust Deed. including the term and provisions thereof, given by tWra B. Belloc, as grantor, Hilliam Ganong, Jr., as Trustee, for Klawth First Federal Savings and Loan Association, a corporation organized and existing under the laws of the United States, as beneficiary, dated August 25, 1977, recorded August 26, 1977, as Ilocument NO- 77-17619, Official Records of Jackson County. Oregon, given to secure payment of a note in the amount of $35,000.00, with interest thereon. a' 3 O Y O YI C p to � sew �68p5cer�c Drive* � Sib ' ti t e � V t s Exlasi $ vriv ea m a e e rive Iva Mlowabl shadow fr m a vatwn �y 6'4enc a Propert Line i h ar N V VA Shad from pr used O new on5trua i n fY P fice/G a Geroge / lope-4/ below. eri lope•4/ z:Eeve verns am a . I Y s bb °xe�Df p2 n� 4 ri Fke��`i P. GGE55 {LIVER OT AN ' N REQUESTING PROPERTY: 66 5GENIG DRIVE GRANTING PROPERTY: 66 SCENIC DRIVE EXHIBIT B-1 -- _ 4-30-2011 OLA .GL S. SH S. GA T FRO ORTTH VE, (GR ATE5T ADOW ODUGI G. POIN ®NOR -EAST G RN ER T APP X. 1 4. MOO ITCH - /1 2 ' p 4 i " 9 , �m 19Poe�m1Y�s®a�®� a F. ' a, 4�;�� Y � Y. X. Nt E4:1 ' yy Cii.��FYF;�ta 5 S 3 �Y 3'r 1 r c T A m d. � r�r^ u�Y,�wvW. Ca `.-:. � 4 �.�'�. z�,a9!• I Ct R r b aa m 7,}A- CYi-�Ir goo, WE rb +' 3y� u x z x� � c ix,: ,,,✓. arK r � � 1, 4 . 3 kCA`a4N ar R ..wf 9" fM F m 4111",k F Fv Y h i N&Jr 9 '+. J sxfttl G �'a`�u P. o,` e i ti. i^ 1 1