HomeMy WebLinkAbout736 744 Main Ave N C-1723 (2) R 9^T o0o 105 Dora R PT boo IDS bot2-z)
CURB & GUTTER Ii1PROVEiIENT DEFERRAL AGREEMENT
This Agreement made and entered into this _Jr day of (jC-Fk)Q
19Q, by and between the CITY OF TWIN FALLS, State of Idaho, a municipal
corporation, hereinafter called "City", and FALLS, State
S-r�Ng-� 7,,I�ilut
Hereinafter called "Developer", for the purpose of construc certain
E Re
improvements on property sought to be developed at `73(v MlA car Svc ^(
WHEREAS, Developer certifies that he is 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: C +q-►.0 << U S _
I�t19 t rJ and,
WHEREAS, the Developer is obligated to construct certain improvements,
namely curb and gutter, pursuant to Title 10, Chapter 11 of the Twin Falls
City Code; and,
WIIEREAS, 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,
UITNESSETII, 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 45✓c t1 hLr. a— t7 C(( �_k C -1L - IA =S OT4"T/%
or until such time as the o ligation of curb and g tter 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 and gutter on the
real property described above when required by the City Council .
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 the improvement 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 pay all costs re-
sulting from his failure to property 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 and gutter; and 3) approval of finished curb and gutter.
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 awarded by the Court.
CITY OF IPA FALLS, IDAI10
By
Mayor
ATTESTf
De uty City "Cl
EVELOPER
State of Idaho, County of State of Idaho, County of
On this -30tit day of On this 4 day of 6X72113e&
191,7before me, a notary public in 19-R.'ybefore me, a notary public in and
and for said State, personally appeared for said State, personally appeared
�)Ott� a //M M-
known to me to be the person whos known to me to be the person 5 who S.i
name subscribed to the within names subscribed to the within
instrument and acknowledged to me instrument and acknowledged to me that
that h� executed the same. executed the same.
j
Notary lu 1 is Notary Publ iic
Residing at Twin Falls, Idaho Residing at Twin Falls , Idaho
-2-
(Ixdet No.
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'w I•jy
DEED OF RECONVEYANCE
'I'I'1'LI?FA('I', Inf., an Idaho (oeluuation, at '1'nlAtec
In the flood of tn►at exorutod by
Ron R. Stanf>oll and Nnolni StanAell, blushand end Wife
rrrordnl rip tohA r 12, .1977 In
Al
Vcdnme 212 al-pagr 2011 ,instniment No. 7 2 3 7 8 7 Mortgage remlide of Twin Falls y
County, )lobe),pursuant to the written reguru of the beneficiary,does hereby GRANT end RRCONVRY unto the PAR'I'HS
IlN'1'I'11.R1) '1'F1RRR'I'O, '
Lot 1.2 Block 80 of 'TWIN FALLS TOWNSI:T} r
without warranty, all rise miller and Interest derived to It by or through ssid Derrl of Trull, In the lands therein drMerll+ed
Thr corporate name auI►Acril►rl by its President ,
is lalrsuanr to a rnu►lutk)n aofhnrlylnR the rmntirnl of this rrcnnveyanct► dub adprtrd b Its Rnard of 1)irecrors, `
1Altcri; August 1.9, 1987 I' '.I`h . . Inr.
Secretary,
SPAII! OF IDAIIO I' SI'ATI! Oil IUAIIO, COLIN'IY of TWIN FALLS
COUNTY UI' Twin I"alli I Ilereby Certify that title Instrument *to filed (or rernrd at
the re a TITIFFACT INC 1 7
cfi fish 1 9 day of AII(JUfl t In the 9 tit of � � r . r
year Iy 8 7 before trip, a Musty I'uhllr In and for Bald of tI minutes Fan , n'clork /M. 1 0�
Sfafr, prnnnally appratrd R.i cdln rt'd It. .c'Y t;ivorn fhb AUG Q day of �I
known ro me to ho lisp n ��{,1�'� of IfileV, forlrrM i lq ,In my nfflre,and duly recorded In Role
lion first eaef uteri fir Ir�f f n or rip lw•utin will)n of Satldactlane at a •r,uterl fill- Instrument nil beholf of sold co[{wtfalion, and It RICHARD A. PENCE
a,Lnowlydprd of me, that mph o►rlw+tuinn espfuted the some,
IN WI'INIIaA Wlnlllrinl', I hove, herrunto art my hand still I'l Wall ;zo. R•rerw}er,
ldived myy offuiot opal lly and ymr hill reftiftrsre fast " ,�'l��,�l(
rlwrvr we en. by ,.,,,,^,. „ m,,.. .;1,
Nnrary Pahlh for Ilri.11rM of fdahn, Ffvy
ii�. Rerid/ng .t TW.1.11 FitI .111,11ro Mail to: flUilllftol1. 346 IIVYI)lll'll AVc. WenLl'
& ^ ^ . . , . . >ni
Co111111. exp. J 2-13-91 Twin Falls, Id 83301
Order No, 2.110 4 2.-1.14)
'17mlaxll:=vre crlitlunMTm:w:arnCCillit :ca:d[d20[c�:dl�lrir:+D: 1 +II'1�2riin armti�:�ffi Ii�:[1:UIsr,�t,�1i
t..
DEED OF RECONVEYANCE
'I ITTI'I M T, Inr , tin Idaho t r,[1r,u,tlfrm, its fntsrrr
III lilt,dotrrl fit truminXnruler1113' Itollnld fitnllnr+ll Ill Nnoma. SLnnne.11 , 11/14, AND
Jnn►nn Holton fr Loin 1101 t-on, 11/11
rrc•nrdrfttny 231 19'19 In y
Volurne 21.4 at page 2 21 ,Inv rurnrnt No. 759593 Mortgage records of Twin Fn 11 s
('onnly, 141011n,pllrationt to Ihs written rprinrlet of the 1wrlpfirlary,(Ion hereby GRANT and RPCONVRY unto the PARTIES
RN'I'I'I'ITI) THERETO, �
Irot_ 11 , I'lloc1: 00, TWJN FALLS 111()WNS:I.TI", Twin Falls County, Iclablo lrf
I'
without warrenfy, all file raiser and Inerrnt drrlvnl ill It by or ehrough said Drell of Triest, In the lands therein dMrrilW&
Thr corporate norne sukerrilxd by Its VJ co—I+ron i(Innt: ,
is pnrsllanl to a refiolulion anlhorlring the esrruflo►► of this reconveyance duly adopted by Its Ik►ferd of Uiremors. I'
Dole& ri/.l9 Rcl JI' 11FAU" - I
R .1 ...........y.........
VicR-Prealdpnt. �'
II,
Srrreury, C,
rt
9'IA'II' t►I' II►Alltt I S'IA'I'I! (►It II►All(►, ((►LIN'!'1' Or `rw{If i'III lIli t'!,
11.
r()I IN l'1' f)P'I'W{ I1 h'n 1 1 n I I I Ir[ehy ('pnlfy thmt this Inatnfinenf was 61rd Inc rrrnnl or
Oil fills 19 (lay of 11ny In thr the refrunt of fliLl eruct'., Inc. 1,
yror 19 Rf) , before nip, a Ninaly Puhlif In still Inr tail of r, 'S minntea Pon /� o'clock (a hl., y 0�
S#afr, lferao rally appeaterl D.D. Wnt.nl•n this day of tnNY �� 'G,y► '
known ro me, to he,IhrVJ{ Q—Pr es.idni etf the roflwrra ly In my nfflre,and dal if
In Poo4 wJ
fine #hilt eta urr•I rhr within inununen or fir lrrraon who y
ear,ford file hf+fntinrnr tin lrpholl of ta1d nfriwir+rloti, mild of Snlsfortlont me pone
0r1,111-Iniµrrl of file [list such rl)rlwfrstion rmnwed flip tariff kl'...I1ARD A, reran
IN W1fNnha IY ottiviw, I have Irefpunnf an illy hand still NaUflirin Rrrnrler,
allivril me,p oflirial a tire day and yral I 'thin reni6fste foal I M
olive we [[rn. I 7 i Ily i.,.,...l...l„'.A,v.,�.,�,(..1.... .....r..
Nnrnrr I'ubJrr for lire ,V,ur of 1blebr,, Firs 1 .t '
Refilling 0TW I I1 Fn I I.n Id"br, I Mmll en- aline,I 1 , 1`1(r I'M III Avo. 11
:tt"rarn ai7:M u'ri. a7mi
Ce.)II11I1. I?Wild rnrl I ')—I 1-01 m r.�