HomeMy WebLinkAbout333 6th Ave W C-3513 TV811N FALLS COUNTY
RECORDED FOR;
TWIN FALLS, CITY OF
2:2]:29 p1t, 08-10-2006 ✓ tltl
2006-01994s
no, PAGES: 5 FEE:
S
KRISTINA GLASCOCK
COUNTY CLERK
DEPUTY: CHICE
CURB-GUTTER AND SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT
Tim Lis Agreement made and entered into this day of
2o�J by and between the CITY OF TWIN FALS, St to of Idaho, a municipal
corporation, hereinafter called -,City", and oe_ j5k
hereinafter called "Developer", for the purpose of constructing certain
improvements on property sought to be developed at f (OW 4A46iu nS Lx)C=1�
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 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,
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
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-gutter and
sidewalk until 2!-_?/ —
or until such time as th obligation i6f 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(B) (2) .
II.
Developer agrees to: 1) complete construction of curb-gutter 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 t1le 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 the improvements required
herein and to construct or contract for the construction of all such
improvements.
v 1
.4
Developer agrees to request in writing that th4 •City Engine'
er and any
other required department of the City make the foI'lowing "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 inspections shall be scheduled fifteen (15) days prior to
beginning work and the request for an inspection shall be made one working day
before the required inspection. Developer agrees to apply 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 and 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.
CI OF TWIN FALLS, IDAHO_
Mayo
DEVELOPE
STATE OF IDAHO STATE OF IDAHO /
On th's day of On this / fh day of .��
20 p�S`� before me a notary public 20 before me a notary Public in
in and for said State, personally and for said State, personally
appeared
pppered 117 appeared
known/ to me to be the person who �L 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 b�,(/if� executed that e. executed the
j.'iding
me. same. /
ary ublic Notary Public
at Twin Falls, Idaho Residing at Twin Falls, Idaho
JOANNE HALL KAREN RE- ACHAM
NOTARY PUBLIC
STATE OF IDAHO NOTARY PUBLIC:
STATE OF {4.-VUH0
RECORDING REQUESTED BY
First American Title Company
AND WHEN RECORDED MAIL TO: TWIN FALLS COUNTY
First American Title Company Recorded for.
260 Third Avenue North FIRST AMERICAN TITLE CO.
Twin Falls,ID 83303 11:49:02 am 08-12-200
2005-017849
No.Pages:2 Fee: 5 6AO
KRIBTINA GLASCOCK
Count'Clerk
Deputy: CKULIK
Space Above This Line for Recorder's Use Only
WARRANTY DEED
File No.: 127528-TF(ga) Date:August 10,2005
For Value Received, Mel Moeller and Prisclla Moeller,husband and wife, hereinafter called the
Grantor, hereby grants, bargains,sells and conveys unto Freda Olson,a single woman,
hereinafter called the Grantee, whose current address is 333 Gth Avenue West,Twin Falls,ID
83301,the following described premises, situated In Twin Fails County, Idaho,to-wit:
LOT 5, EXCEPT THE SOUTHEASTERLY 10 FEET THEREOF,IN BLOCK 159 OF TWIN FALLS
TOWNSITE,TWIN FALLS COUNTY,IDAHO,RECORDED IN BOOK 1 OF PLATS,PAGE 7.
SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and
zoning ordinances and use regulations and restrictions of record, and payment of accruing present year
taxes and assessments as agreed to by parties above.
TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,
restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant
and defend the same from all claims whatsoever.
REC VED
SEP 5 2005
CISUILLDING DEPT.LS
Date:asno/2aas Warranty Deed File No.:127528-TF(ga)
-continued
V � r
Mel Moeller Priscila Moeller
STATE OF Idaho )
ss.
COUNTY OF Twin Falls )
On this Twelfth day of August, 2005, before me, a Notary Public In and for said State, personally appeared
Mel Moeller and Priscilla Moeller, known or identified o e to be the person(s) whose e(s) is/are
subscribed to the within Instrument,and acknowledged to at he/s /they a ecuted the si me.
` GLENDA AZEVEDO Votary Public for the 1 e of Idaho
NOTARY PUBLIC esid(ng at: Buhl,I aho
STATE OF IDAHO My Commission Ex res: -25-09
Stare of Idaho
County of Twin Falls ) ~
I hereby certify the foregoing Ilo be a hill.tine
and correct copy of the original.
"JSTINA GLASCOCK
'TWIN PALLS COUNTY CLERK
DEPUTY C K DATE
Page 2 of 2
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