HomeMy WebLinkAbout321 Washington St C-3595 MIN FALLS COUNTY
Recorded for
I'\\'IN F,\LLS.CITY OF
I:fM:0 l m n 08-09-211116
2006-019772
No.Pegev:6 Fee: S
KRISTIN.\
C'ounlr Clerk,
fhputy: cKrI IK
MULTI-YEAR IMPROVEMENT DEFERRAL AGREEMENT
This Agreement made and entered into this 1-7 V- day of Aor;(_ ,
20 �, by and between the CITY OF TWIN FALLS, State of Idaho, municipal
corporation, hereinafter called "City", and Carol L. Sperry, hereinafter called
"Developer", for the purpose of construction certain improvements on property
sought to he developed at 321 Washington Street.
WHEREAS, Developer certifies that he is owner in fee simple or the
authorized agent of the owner in fee simple of the following described real
property:
See Attached
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 deed 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:
and,
WHEREAS, the Developer is obligated to construct certain improvements
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
10-11-1 to defer said improvements for a period not to exceed three (3) years
when the cost of the required improvements exceed twenty-five percent (25%) of
the cost of the proposed private improvements; and,
WHEREAS, the City Council on ''L/SF� UlJ agreed to defer
construction of the aforementioned improt6ments,
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 the construction of the required curb and gutter adjacent to
Washington St. S., 3`d Ave. W. and Buhl St. W. until such time as the
obligation of curb-gutter and sidewalk construction is required by the
City Engineer.
2) To defer construction of the required parking area surfacing and striping
until one (1) year after the construction of the required curb-gutter
and sidewalk; `
3) To defer construction of the required landscaping until one (1) year
after the construction of the required curb-gutter and sidewalk.
II.
Developer agrees to: 1) Complete construction of the above-listed
improvements on the real property described above by the above-listed dates.
III.
Developer further agrees that in the event that Developer fails to
complete the aforementioned construction, the City may complete the
construction at the City's 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 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. A11 such inspections shall be scheduled fifteen (15) days prior to
beginning work and the request for an inspection shall be make one working day
before the required inspection. Developer agrees to pay all costs resulting
from his failure to properly schedule and request a required inspection or from
proceeding with work before receiving approval to proceed. Developer agrees to
remove or correct any rejected, unapproved or defective work or materials, all
as required by the City Engineer.
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 all finished improvements.
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
constructing 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 costs a rded by the Court.
CITY OF IN ALLS, IDAHO
BY
Mayor
DEVELOPER
STATE OF IDAHOyr, STATE OF IDAHO
On this day of ) , on this /7/11 day of AJYi�
20 before me a notary public 20 CY1 , before me a notary public
in and for said State, personally in and for said State, personally
appeared appeared COrO) Sp//y
_.' zd"a_ 61�_o
known to me to be the person who known to me to be the person who
name subscribed to the within name subscribed to the within
instrument and acknowledged to me instrument, and acknowledged to me
that executed that She. executed
the same. the same. �n^�'/�
.�1 /lXlLl,61 ,
Notk'ry Public Notary Public
Residing at Twin Falls, Idaho Residing at Twin Falls, Idaho
G:\ro \ orms\2003 MULTI-YEAR IMPROVEMENT AGREEMENT KAREN REACHARD
LEILAA. SANCHEZ NOTARY PUBLIC
NOTARY PUBLIC STATE OF IDAHO
STATE OF IDAHO
RECEIVED
APR 2 0 2006
CITY OF TW4,1 1 ALLS
41040 rtb
TitleFact, Inc.
163 Fourth Avenue North
P.O.Box 486 Ttia Falls C�IIstT IN�p
Twin Falls, Idaho 83303 tsar ar:
11:11p■ TITI UT
•ees• ee000 job-11,1111 :
SPACEABOVf FOR RECORDER No if 19 9 9—0 3 0 1066 e I'1,11 `
1111T S. F01T
_TRUSTEE'S DEED EK Officic IecorCtr-
#"Vtr: 11
TITLEFACT, INC., a corporation(herein called Trustee) as Trustee under the Deed of
Trust hereinafter particularly described,does hereby bargain,sell and convey,without
covenant or warranty as to title, possession or encumbrances,to CAROL L.SPERRY,
of P.O. Box 5022, Twin Falls, Idaho 83303, (herein called Grantee), all of the real
property situate in the County of Twin Falls,State of Idaho,described as follows:
All of Block 125,TWIN FALLS TOWNSITE,Twin Falls County,Idaho,according to the
final and amended plat thereof recorded In Book 1 of Plats, page 7, records of Twin
Falls County, Idaho.
EXCEPT
BEGINNING at the North corner of Block 125, Twin Falls Townsite;
THENCE running South 00118'00" East along the Westerly line of said Block 125 a
distance of 251.72 feet to the South corner of said Block 125;
THENCE running North 44°36'21"East along the Southeasterly line of said Block 125
a distance of 69.64 feet;
THENCE running North 60°23'46" West a distance of 21.95 feet to a point 35 feet
Easterly of the West line of Section 16, Township 10 South, Range 17
E., B.M.;
THENCE running North 01039'30" West parallel with and 35 feet Easterly of said
section line a distance of 142.46 feet;
THENCE running North 35148'50' East a distance of 16.03 feet to the Northeasterly
line of said Block 125;
THENCE running North 45123'57" West, 51.11 feet along said Northeasterly line of
Block 125 to the POINT OF BEGINNING.
This conveyance is made pursuant to the powers conferred upon Trustee by the Dead of Trust from
David K.Fox,an unmarried man,to TitleFact,Inc.,an Idaho corporation,Trustee,and Carol L.Sperry,
an unmarried woman, Beneficiary, dated July 9, 1997, recorded July 10, 1997, as Instrument
No. 1997-011077, records of Twin Falls County, Idaho.,and that the said Grantors are the present
record owners of said real property;and after the fulfillment of the conditions specified In said Deed
of Trust authorizing this conveyance as follows:
(a) Default occurred in the obligations for which such Deed of Trust was given as security and the
Beneficiary made demand upon the said Trustee to sell said property pursuant to the terms of
said Deed of Trust. Notice of Default was recorded as Instrument No. 1 998-001 1 89 in the
records of Twin Falls County, Idaho,the County in which the property described in said Deed
of Trust,and each and every part thereof is situated,the nature of such default being as set
forth in said Notice of Default. Such default still existed at the time of sale.
lb) After recordation of said Notice of Default,Trustee gave proper notice as provided by the laws
of the State of Idaho,of the time and place of the sale of said property by certified mail, by
so mailing a copy of said Notice of Default, and Notice of Trustee's Sale to each of the said
David K.Fox,to his last known address,and to all persons,corporations and/or entities having
or holding a lien or liens against said property,by personal service upon the occupants of said
real property,and by posting in a conspicuous place on the portion or portions of said premises
which were vacant, and by publishing In a newspaper of general circulation in said County in
which the property is situated,as more fully appears in the affidavit of mailing,Sheriff's return
of service and affidavit of posting,and affidavit of publishing,recorded at least 20 days prior
to the date of sale,as Instruments No.199MO8592, 1998-008593 and 1998-008594 IS"
attached Affidavit of Compliance)In the Mortgage records of Twin Falls County,Idaho.
J.
(c) The provisions,recitals and contents of the Notice of Default referred to in paragraph(a)supra
and of the affidavits and return of service referred to in paragraph(b)supra,shall be,and they
are hereby incorporated herein and made an integral part hereof for all purposes as though set
forth herein at length.
(d) All requirements of law regarding the recording of notice of default and the mailing of a copy
thereof by registered or certified mail, and the mailing be registered or certified mail, the
personal service and/or posting, publication and recording of notice of sale, and all other
notices have been complied with.
(a) Not less than 120 days elapsed between the giving of notice of sale by registered or certified
mail and the service thereof on the occupant of the property and the sale of said property.
(f) Trustee, at the time and place of sale fixed by said notice therein at public auction, in one
parcel,struck off to Grantee,being the highest bidder therefor,the property herein described,
for the sum of $64,377.87, without covenant or warranty as to tide, possession or
encumbrances, and subject, however, to all prior liens and encumbrances and to said
covenants, restrictions, reservation limitations, conditions, uses, agreements, easements,
options and other provisions. No person or corporation offered to take any part of said
property less than the whole thereof for the amount of principal,Interest,advances and costs.
IN WITNESS WHEREOF, THE TRUSTEE, pursuant to resolution of Its Board of
Directors,has caused its corporate name to be hereunto subscribed,by its President.
Dated: June 4, 1999
TJTLEFACT,
A. ::,,�
TODD BLASS, Vice President
State of Idaho
County of Twin Falls
On this 4th day of June, 1999 before me,the undersigned,a Notary Public in and for
said State, personally appeared R.Todd Blass, known to me to be the Vice President
of the corporation that executed this Instrument, or the person who executed the
Instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same as such Trustee.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the
day a ear in tZISCificate first above written.
Notary Public for Idaho
Residing in: �/,r�•��C� d
Commission Expires:jy-�S",-�ve,.3
DON
NorAR�YP AlUS
��r�OF DAHo
77tkFact,Inc.
163 Fourth Avenue North
P.O.Box 486
Twin Falls,Idaho 83303
***** SPACE ABOVE FOR RECORDER ae"a
41040%8
STATE OF IDAHO AFFIDAVIT OF COMPLIANCE
COUNTY OF TWIN FALLS
R. TODD BLASS,being first duly sworn,deposes and says upon oath:
That he is a citizen of the United States,over the age of twenty-one years;
That on the 30th day of April, 1999,he deposited in the United States Post Office in the City of
Twin Falls, County of Twin Falls, State of Idaho, a true copy of the Notice of Rescheduled Trustee's
Sale dated April 29,1999,and covering the property hereinafter described;enclosed in a sealed envelope,
with postageprepaid thereon,by registered mail,each envelope addressed to the filowing named persons
at their respective last known addresses,and that there is regular communication by U.S.Mail between
said post office of deposit and said place of residence of said addressees:
Volco,Inc., % Robert E.Williams,P.O.Box 168,Jerome,Idaho 83338
Anderson Lumber, %David E.Raybom,P.O.Box 1,Pocatello,ID 83204
JM Kitchens,Inc., %Jeff Rolig,P.O.Box 2749,Twin Falls,Idaho 83303
D.L.Pace Family Trust, %Charles W.Fawcett,P.O.Box 700,Boise,Idaho 83701-0700
Douglas T. Nelson, %Steven Tuft, 1918 Overland Avenue,Burley,Idaho 83318
Metcalf Electric,Inc., %M.Lynn Dunlap,415 Addison Avenue,Twin Falls,Idaho 83301
David K.Fox,636 Spring Dr.No.47,Cape Girardeau,MO 63703
David K.Fox,P.O.Box SM2,Twin Falls,Idaho 83303
Kathryn Celine Fox, %Hollifield&Bevan,P.O.Box 66,Twin Falls,Idaho 83303
Following is a particular description of the real property referred to in said Notice of Trustee's Sale,
which said property is situated in the County of Twin Falls, State of Idaho, and is more particularly
described as follows:
All of Block 125,TWIN FALLS T'OWNSITE,Twin Falls County,Idaho,according to the final
and amended plat thereof recorded In Book I of Plats, page 7,records of Twin Falls County,
Idaho.
EXCEPT
BEGINNING at the North corner of Block 125,Twin Falls Townsite;
THENCE running South 00°18100" East along the Westerly line of said Block 125 a distance
of 251.72 feet to the South corner of said Block 125;
THENCE running North 44036'21" East along the Southeasterly line of said Block 125 a
distance of 69.64 feet;
THENCE running North 60°23'46"West a distance of 21.95 feet to a point 35 feet Easterly of
the West line of Section 16,Township 10 South,Range 17 E.,B.M.;
THENCE running North 01°39'30"West parallel with and 35 feet Easterly of said section line
a distance of 142.46 feet;
THENCE running North 35°48'50"East a distance of 16.03 feet to the Northeasterly line of said
Block 125;
THENCE running North 45°23'57"West,51.11 feet along said Northeasterly line of Block 125
to the POINT OF BEGINNING.
And I do further certify that a notice of advertisement was published in the regular and entire issue of
the TIMES-NEWS,published daily at Twin Falls,Idaho,and do solemnly swear that a copy of the Notice
of Advertisement relating to the Notice of Rescheduled Trustee's Sale was published in the regular and
entire issue of said newspaper, and not in any supplement thereof,for three publications,commencing
on May 6, 1999, and ending with the issue dated May 20, 1999.
The Trustee makes this Affidavit of Compliance as required byion 45-1506A(4),Idaho Code.
R.TODD B�LASSS
Subscribed and sworn to before me this 3rd day of Ju e, 1999.
----------------------
KATHLEEN MOORE Notary Public for Id o
NOTARY PUBLIC Residing
STATE OF IDAHO Commission expires:of"
ROUT= AND FM UT sM= 3 �
sm. ORDI86MC8 LEM CONTU= DEED OTMa
DATErrA131Gn:{rAnjm
MO! n
MAM 31== y.�{
CLTT NASAM S2Cim
OTM� EIONm ..:.
CITT CLE AXQM:`.
I=RDEDS
lONL7.SaED DATi
KUM Or DEM
EzrrnersaK DAtir:`: .;•...
CIIi ATTORNEY AFPR4PN
CorM zv4
n6li95.tN90�.Tw-'.':;ODQ�CI1?..: CLSY.IVf A= `lSYARCE:.°iOLICR-: nu
at taus- ,ot+n,`,rtui :.zossao: nrseaCTIOM
S'SIMLSA LOr:; wtlt i aSROM : ?ARKS.
ImcllArsaN aoLt
j. ae jam.`. .
. yam..... ,�.�.�.���.y �.}.jam.._.:.: ...:J..: ..
EETfI0RD8 T643 To
wcmm.
3TAKTXW:UM or':CONCRACT- ;..
_ •rnDsi�c<tiiiss or;�co�rrRw� :° �.:
az