HomeMy WebLinkAbout1991-054 Settlement - HoughtonSETTLEMENT AGREEMENT
This Settlement Agreement entered into between ED and JOANN~
HOUGHTON, hereinafter refered to as "Houghtons," the CITY OF
ASHLAND, hereinafter refered to as "City," and STEVE and CRISSY
BARNETT, hereinafter refered to as "Barnetts,"
THAT WHEREAS, the Houghtons have applied and received
approval for construction of a subdivision and a street known as
"Logan Drive."
AND WHEREAS, Barnetts have filed an appeal with the Land Use
Board of Appeal (hereinafter "LUBA") concerning said street and
subdivision which involves the IIoughtons and the City,
AND WHEREAS, the parties desire to resolve and settle the
dispute in a manner which is acceptable and agreeable to all
parties,
NOW THEREFORE the parties do hereby agree as follows:
1. The Houghtons and City agree that the subdivision final
approval will be modified to provide that all grades on Logan
Drive, or any position which is a public way, but excluding
private driveways i.e., from curb to curb, shall not exceed 15%
rather than the 17.99% that existed in some locations and which
the City approved. Houghtons and the City will further reduce
the landing area where Logan Drive meets Scenic from 6.6% to 6.0%
and will make the landing 35 feet long instead of the 30 feet.
2. Compliance with the above grade and landing provisions
shall be determined by Steve Hall, the City's engineer according
to standard engineering principles. It is agreed that []oughtons
or their contractor shall give not less than two days notice to
}{all of when the finish grade, prior to paving, is completed.
Hall shall then within the next 48 hours view the finish grade
and determine if the same is in compliance with the terms of this
agreement and the approval. If it is, he shall so state in
writing. If it is not, he shall designate in writing the areas
which are not in compliance so that the contractor can bring them
to proper grade prior to any paving or other permanent structures
being placed. Any report by Hall shall be submitted to Robert
B]anton P.E. for review. If Blanton agrees with such report then
it shall be deemed conclusive. If he does not then Hall and
Blanton shall select a mutually agreeable professional engineer
to review the slopes and findings and that engineer's opinion
shall be conclusive. Neither Houghton nor the City shall have
any financial responsibility for Blanton's work in reviewing the
grades and landing area.
3. It is agreed that the revisions to the final approval
contained herein shall be considered a portion of the subdivision
approval and a part of the conditions of the approval so that in
the event the above grades and landing areas are not complied
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with, it shall be deemed that the subdivision and Logan Drive are
not bein9 prepared in accordance with the existing approval as
amended by this agreement.
4. The parties have mutual concerns relative to erosion
control and landscaping on the area which has previously been
excavated. The City has imposed certain erosion control and
ground cover requirements upon the subdivision and the Houghtons
agree that they will, as soon as weather and construction
permits, proceed forthwith to put the erosion control structures
in place and will diligently proceed to place any plantings and
ground cover required by the City of Ashland as soon as the
weather permlts, but in no event later than November 30, 1991,
unless such date is extended by the City in writing for good
cause.
5. Barnetts desire to place a fence with steel or
reinforced ballards on their property line facing Scenic Drive
for purposes of protecting their property from any vehicles or
other objects which may come down Logan Drive and cross Scenic.
It is understood that Houghtons are not responsible for this
fence or any of its effects nor do they have any responsibility
for paying for it. However, erection of the fence, which is
contemplated to be approximately 5 feet fro~ the curb line of
Scenic and a maximum of 7 feet tall with approximately 5 feet
above the curb line, will require a variance by the City.
Barnetts agree that they will promptly apply for such variance
and the City agrees that it will promptly and expeditiously
process the same. Houghtons agree that they will not oppose
allowance of the variance or construction of the fence and
ba]lards and further agree that they will not encourage others to
oppose the same. It is understood by all parties, that because
the request for variance is a land use matter, no guarantee can
be made that other persons will not protest or object to the
variance. This agreement is not subject to the final outcome of
the variance request, but it is subject to the parties good faith
efforts to process the same.
6. In consideration of these agreements, Barnetts agree,
upon execution hereof, that they will dismiss with prejudice,
their pending appeal to LUBA and will file no other proceedings
in LUBA, Circuit Court, or any other jurisdiction relative to the
subdivision.
7. Houghtons and Barnetts agree that they release, remise,
and discharge the other from any and all claims, demands, causes
of action, exsisting or anticipated which either may believe has
arisen or could arise as a result of the proceedings before the
City, processing of the application, objections to the
subdivision, hearings, etc., the intention being that this
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Settlement Agreement will settle any and all claims whatsoever
between Barnetts and Houghtons of any kind or nature.
Ed Houghton
Dated:
JoAnn~ Houghton
Dated:
Steve Barne~E
Dated:
Crissy Barnett
Re[~resent at iv~ for
City of Ashl~d
Dated:'
Dated:
TCH/nes/6.25
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