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Home My WebLink About2382 Bowlin Lane C-2908 C-o2902f CURB&GUTTER AND SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT This Agreement made and entered Into this -7 4 day of 19 by and between the CITY OF TWIN FALLS,State of Idaho,a municipal corporabo ,hereinafter called"City',and,hereinafter called Marais and Todd Coats "Developer", for the purpose of constructing certain improvements on property sought to be developed at 2382 Bowlin Lane WHEREAS,Developer certifies that he is the owner in fee simple or the authorized agent of the owner in fee simple of the real property described on the attached Exhibit"A;and, WHEREAS,there is attached hereto and Incorporated herein as if the same were set out in full,a certified copy of the deed to the above described real property, marked Exhibit"A", showing ownership of said real property to be in Developer,or,as the case may be,there is attached hereto and Incorporated herein as if the same were set out in full,a copy of the dead to the above described real property showing ownership in fee simple in someone other than Developer together with a notarized authorization,signed by the real property owner,authorizing Developer to act on behalf of said real property owner,and, WHEREAS,Developer desires to develop said real property in the following manner Build and new home and, WHEREAS,the Developer Is obligated to construct certain improvements,namely curb-gutter and sidewalk,pursuant to Title 10,Chapter 11 of the Twin Falls City Code;and, WHEREAS, the City Is authorized, pursuant to Twin Falls City Code Section 10-11-5(B)(2) 'to defer said Improvements;and, WHEREAS,the City Council on G` -J-f 4 agreed to defer construction of the aforementioned Improvements, WITNESSETH,that for and In consideration of the mutual promises,conditions and covenants contained herein,the parties agree as follows: I City agrees: 1)to defer construction of the required curb and gutter until G- 9- Roos or until such time as the obligation of curb-gutter and sidewalk construction on adjacent property or properties allows the City Engineer to require construction under the conditions specified In City Code Section 10-11-5(BK2). II Developer agrees to: 1)complete construction of curb-gulter and sidewalk on the real property described above when required by the City Council. III Developer further agrees that in the event the Developer fails to complete the aforementioned construction,the City may complete the construction at the Citys expense and may file a lien against the aforementioned property for expenses Incurred by the City In said construction. IV Developer agrees to pay the total actual cost of all materials,labor and equipment necessary to completely construct all of the Improvements required herein and to construct or contract for the construction of all such improvements. V Developer agrees to request in writing that the City Engineer and any other required department of the City make the following inspections and to not proceed with construction until the required Inspection is complete and the work has been approved in writing by the City Engineer or his authorized Inspector. All such imppectlons shall be scheduled fifteen (15)days prior to beginning work and the request for an inspection shall be Wone working day before the required inspection. Developer agrees to apply all costs resulting from his failure to schedule and request a required inspection or from proceeding with work before receiving approval to proce ebpar,Agrees to remove or correct any rejected,unapproved or defective work or materials all as required by C' ge1� A es Required Inspections shall include: 1)approval of all materials before Inspection;2)approval of forms and gravel base before pouring any concrete curb-gutter or sidewalk;and 3)approval of finished curb-gutter and sidewalk VI The Developer agrees to. 1) allow the City full and complete access to the construction; 2) provide all materials necessary to conduct all tests;and 3)provide the equipment and perform or have performed any testing of manufactured materials required by the City Engineer. VII Developer agrees to obtain any necessary permits from the Twin Falls Highway District or the State of Idaho Department of Highways prior to construction improvements on their respective rights-of-way If said permits are required by the aforementioned agencies. A certified copy of said permit or the original of said permit shall be submitted to the City prior to beginning construction thereon. This Agreement shall be recorded and shall bind the parties hereto,their heirs, successors In Interest,and lawful assigns. In the event of a breach of this Agreement,or should legal action of any kind be taken to enforce the provisions hereof,the prevailing party shall be entitled to reasonable attorney fees and cost awarded by the Court C1TY OF TWIN FALLS DE PER BY /�-r t.IV''I Mayor STATE OF IDAHO STATE OF _OtA4LO On 1�±day of 19 47,4, On,21�day of 19 before me a notary publ' in and for said State, _,before me a notary public in and for said personally appeared State.personally appeared U:c t �I?ay�.v�u.u.....e G.[�ev �oULO�.JD •j,Q, C O�A� known to me to be the person who name subscribed to known to me to be the per'son fro name subscribed the within instrument,and acknowledged to me that to the within in meet, and acknowledged to me executed the same. that I Ad executed the same Notary Public Notary Public Residing at Twin Falls,Idaho Residing Expiration Expiration date 'y 30" 00-�-- Twin Falls County,Idaho Recorded for: CITY OF TWIN FALLS 09:04am Aug.28,1999 BECCIE HOUSHt 1999-015814 Notary Public '`pe/ew» or Papa: 4 Fee: $12.ee State of Idaho .•`�11OAN11►e ROeERT S. FORT „' '• E.-OfficLa Recorder Geout Oeouty: 6l tior4 'o;A e••» 0 op f D P� .• c c i Twig Fal114=11}'r1 43062KE Iliac nnEE„__ lift i 71tleFact, Inc. Nof of la-D remit 1 163 Fourth Avenue North 11 P.O. Box 486 Et Twin Falls, Idaho 83303 Tr ""SPACE ABOVE FOR RECORDER •**� QUITCLAIM DEED For Value Received R. TODD COATS AND MARGIE A. COATS, husband and wife, do hereby convey, remise and forever quit claim unto RAYMOND TODD COATS AND MARGIE A. COATS, husband and wife, whose address is: 389 Knottingham Drive, Twin Falls, Idaho 83301, the following described premises, to-wit: Lot 8, BOWLIN ADDITION, Twin Falls County, Idaho, according to the official plat thereof recorded in Book 12 of Plats, page 4, records of Twin Falls County,Idaho._ together with their appurtenances. Dated: y 21, 1999L R. TODD COATS MARGIE A. COATS STATE OF IDAHO County of Twin Falls On this G 14day of May, 1999,before me, a Notary Public in and for said State, personally appeared R. Todd Coats and Margie A. Coats, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS HEREOF I have hereunto set my hand and official seal the day and year first above w 'tte KATHY C.EASTERDAY otary Publi r Idaho NOTARY PUSUC 'Residing Buhl STATE OF IDAHO Commission Expires: 1 27-P61 + �+ h C�3`7c'7t Return it): 039 201 220i4O 9 WASHINGTON FEDERAL SAVINGS Twin Falls Office PO Box 1629 Twin Falls ID 83303 Alto: Beverley Gregg i Na. '�• ., .,I ISpa-Above Thu Line Put Recordinic Datal ORDER NO. 43062ke DEED OF TRUST THIS DEED OF TRUST("Security Instrument")is made on May 21sI 1999 The grantor is RAYMOND TODD COATS AND MARGIE A.COATS,HUSBAND AND WIFE ("Burrower"). The trustee is TITLEFACT,INC. ("Trustee"). The beneficiary is WASHINGTON FEDERAL SAVINGS, which is organized and existing ua ier the laws of The United States of America,and whose address is 1001 W Idaho St,Bolse,Idaho 83702 ("Lender"). Borrower owes Lender the principal smn of ONE HUNDRED TWENTY SEVEN THOUSAND AND NO/1005 Dollars (U.S. $127,000.00 ). This debt is evidenced by -thrower's note dared the same date as this Security Instrument('Note"),which provides for monthly payments, with the full debt, if not paid earlier,due and payable on December ist 2029 71is Security Instrument secures to Lender:(a)tine repayment of the debt evidenced by the Note,with interest,and all renewals, extensions, and nmdilications; (b) the payment of fill other suns, with interest, advanced under paragraph 7 to protect the security of this Security Instrument;and(e)the performance of Borrower's covenants and agreements under this Security Instrument and die Note. For this purpose,Borrower irrevocably grants and conveys to Trustee•in trust,will►power(if sale,llte following described property located in Twin Falls County,Idaho: LOT 8,BOWLIN ADDITION,TWIN FALLS COUNTY,IDAHO,ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 12 OF PLATS,PAGE 44 RECORDS OF TWIN FALLS COUNTY,IDAHO. ,a ,g•: F.N:., . ,;,,"If which has the address of 2382 BOWLIN LANE''• TWIN FALLS Idaho 93301 ("Property Address"); •' •' ,�' ,.•.,,., i TOGETHER WITH all the improvements now or hereafter erected on lie property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights slid stock and all fixtures now or hereafter a part of rite property. All replacements and additions shall also be covered by this Security instrument. All of die foregoing Is referred to in this Security Instrument as die"Property." BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the right to grant and convey the property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally,cite title to the Property against all claims and denwids, subject'to any encuribratices of record. ;,,.se,,L r, •,,.,• r THIS SECURITY INSTRUMENT conhbines uniform covenants for stational use and rsoti•unlforn►covenalms'with limited variations by jurisdiction to constitute a'iiiiiform seeliri(y'insimment covering real property. X •'u I. • ;...,.rl..t, ..,.,.! ',;:... . ••,.�, Ne.spot itri!nw,N00A!nr.id!il+l I ,t,vU.•.flli,:nlVt.., p...�I"rc' .,r.i.. r•, 1,r:nl;•n ••r,+ .• ,.., ....b,+.nrrnt :roll tell: {!i•ttPch Iv sl(.,,., ;t..,ll Lh�:►h Lqi t .) /min n r1Re fttr ", r ,• , .•, ! •rr.1.Cc.v.+u•rl.(:rutl 111o4411 p?tl•I:r: Bonoemoes wieca p'.1L. IDAHO-Single Family•Fannie MaelFreddie Mao UNIFORM INSTRUMENT AFTER RECORDING MAIL TO: Twin Fa1Rs County} Idaho REPUBLIC MORTGAGE C0RP . eCOrdld Tor: 8 0 TITLEFACT SOUTH ORCHARD, SUITE A g 2 I S E 03:45pe Au 8,1111 I O 8 3 7 0 5 1 9 9 6—0 1 5 7 9 4 No. of Payes: 1. Fee: '11.00 ROQERT S. FORT Ex-OlE lei 0 Recorder Deputy: YF LOAN NO. 0404 . 35 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST("Security Instrument") Is made on A u g u s t 2 B , 1 9 9 8 The grantor is G R E G 0 R Y 0 . F R A S E R and W A N D A .l . FRASER , HUSBAND AND WIFE ; The trustee iS TITLE FACT I N C ("Borrower"). ("Trustee"). The beneficiary IS R EP UBL I C MORTGAGE CORP . which is organized and existing under the laws of U T A H S T A T E and whose address is 921 SOUTH ORCHARD , SU I TE A , BO I SE , I D 83705 ("Lender"). Borrower owes Lender the principal sum of Sixty One Thousand Seven Hundred Fifty Dollars a n d n o / 1 0 0 Dollars(U.S.$ 6 1 , 7 5 0 . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt, If not paid earlier,due and payable on S e p t e m h e r 1 , 2 0 2 8 . This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note,with Interest,and all renewals, extensions and modifications of the Note; (b)the payment of all other sums,with Interest,advanced under paragraph 7 to protect the security of this Security Instrument;and (c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose, Borrower irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located In T W I N F A L L S County, Idaho: LOT 9 AND THE SOUTHEASTERLY 10 FEET OF LOT 8 AND THE NORTHWESTERLY 8 FEET OF LOT 10 , BLOCK 65 , B U H L T0WNSITE . TWIN FALLS COUNTY , I1)AH0 . ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 1 OF PLATS , PAGE 33 RECORDS OF TWIN FALLS COUNTY , I D A H 0 which has the address of 415 8 t h AVENUE NORTH BUHL [Street] Idaho 83 3 16 ("Property Address"); [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. IDAHO—SINGLE FAMILY—FNMA/FHLMC UNIFORM INSTRUMENT FORM 3013 9/90 ISC/CMDTID//0491/3013(9-90)-L PAGE 1 OF 6