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Home My WebLink About521 2nd Ave S C-4840 TWIN FALLS COUNTY �- Recorded for: TWIN FALLS.CITY OF 11:18:53 AM 07-24-2018 2018-011422 No.Pages:4 Fee: S KRISTINAGLASCOCK CURB-GUTTER AND SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT County Clerk Deuuh 11HU `TER fihis greement made and entered into this , `�� day of 2012-1 by and between the CITY OF TWIN FALLS, State of Idaho, a municipal corporation, hereinafter called "City", and F&e y a- SAr� 14-osga.,-1. , hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed at 7 I a� /7 Yc S� lcvl.�oUs,��amd/ev- �3 9 kr-'4 -m -5 S. wM taus, L10. 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: �'�wsFrt��f new �()rG blki1ai Q IV(- f�PQCL("Fk Aj o 5udes ; 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 QLfi4t-r 30 -,WIIZ 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 �L-Lb,,r &0 �0 , 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(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 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 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 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. CITY O TWIN FALLS,,-,IDAHO BY Mayor DEVELOP R LORRIE BAUER NOTARY PUBLIC .MwES S STATE OF IDAHO NOTAW i�� STATE OF IDAHO STATE OF IDAHO STATE OF ISO ' On this � day of On this/7�Sday of 6c-4-_e/ , 201;7 , before me a notary public in 20 /7, before me a notary public in and for said State, personally and for said State, personally appeared appeared 1 10 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 the that executed the same. same. '7 N y Public Notar ublic Residing at Twin Falls, Idaho Res' ing at Twin Falls, Idaho RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company TWIN FALLS COUNTY 260 Third Avenue North RECORDED FOR: Twin Falls, ID 83301 FIRST AMERICAN TITLE-TWIN FP 12:09:27 PM 02-04-2015 2015001594 NO.PAGES 2 FEE:$13.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY:BH Electronically Recorded by Simplifile Space Above This Line for Recorder's Use Only WARRANTY DEED File No.: 529978-TF(sg) Date:January 26, 2015 For Value Received,Janet A. Latham, as Personal Representative of the Estate of Robert A. Latham,Sr. (deceased) and Janet A. Latham,an unmarried woman, hereinafter called the Grantor, hereby grants, bargains,sells and conveys unto Tony Hoggarth and Sara Hoggarth, husband and wife, hereinafter called the Grantee, whose current address is 2522 East 3707 North,Twin Falls,ID 83301, the following described premises, situated in Twin Falls County, Idaho, to-wit: PARCEL 1 THE NEI/zNEIfz LOT 9, IN BLOCK 107,TWIN FALLS TOWNSITE,TWIN FALLS COUNTY, IDAHO, RECORDED IN BOOK 1 OF PLATS, PAGE 7, RECORDS OF TWIN FALLS COUNTY,IDAHO. PARCEL 2 THE SWI/z OF LOT 9,IN BLOCK 107,TWIN FALLS TOWNSITE,TWIN FALLS COUNTY,IDAHO, RECORDED IN BOOK 1 OF PLATS, PAGE 7,RECORDS OF TWIN FALLS COUNTY, IDAHO. PARCEL 3 LOTS 15 AND 16,IN BLOCK 107,TWIN FALLS TOWNSITE,TWIN FALLS COUNTY,IDAHO AND THE SW'/2 OF THE NEI/z OF LOT 9,AND ALL OF LOTS 10, 11, 12, 13 AND 14,IN BLOCK 107 OF TWIN FALLS TOWNSITE,TWIN FALLS COUNTY,IDAHO RECORDED IN BOOK 1 OF PLATS, PAGE 7, RECORDS OF TWIN FALLS COUNTY,IDAHO. 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. Date:01/26/2015 Warranty Deed File No.:529978-TF(sg) continued Janet A. Latham, as Personal Representative net�ALath�am �� of the Estate of Robert A. Latham, Sr. (deceased) NOTARY URLIC CERTIFICATION Debra Abaire , i Third Judicial Ci4 lrCu�t u� Doc. Description et A. Latham, Personal Representative Ft�f }5��q -16- r c � 1t N f Pages. Z Date of Doc N STATE OF o`` �re�,,��'� p ss. Notary Signature r� COUNTY OF _fat rn * c._D On this 2 y dayof�� i��t.A 2 I ' O\' 2015, before me, a Notary Public in i4r id'' ,o°\ State, personally appeared Janet A. Latham, known or identified to me to be the person(�,vr�%01""�� name(9) is subscribed to the within instrument as Personal Representative of the Estate of Robert A. Latham,Sr., and acknowledged to me that she exec ed the sam�1s such Personal Representative. Notary Public of !�>bwf,1 ��```� DEe�''�.,,�� Residing at: OT •. 9y ''% Commission Expires: ARC -o STATEOF ��iepll ) _� �6,, �•'m` COUNTY OF On this -L-2 day1- �„~�u4n' of '� . 2015, before me, a Notary Public in and for said State, personally appeared Janet A. Latham, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. NOTARY PUBLIC CERTIFICATION Debra Abaire 1 ' Third Judccia!Circuit Notary Public for the State of N A-->D0 Poc. Description \A IZ.z4 r,T•i � ro c Residing at:V-4 1� ��`j "-1 •iF i��b My Commission Expires: t2 ?S1 z�IS ��a�murrunp�grr of P;geZ- Date of Doc - ;� ,.�aOTA,q. 4 1 -l.. un l-'9�S Notary Signature 4-4 Dat t `\ �a��AR1- 9� ,.2°0 •* W:m ,o y'= s O\ -D• 4 CD:rn Ve LP of 2�1: �' >9Q \� r'urnrmuuuiaoo