HomeMy WebLinkAbout1989-026 Terrace St SubdivisionAGREEMENT
This Agreement, entered into between DEAN ROYCE and SANDRA
ROYCE and DAVE LEWIS, as applicants for subdivisions within the
City of Ashland (hereinafter "applicants") and the TERP~CE
STREET NEIGHBORHOOD, as appellants in said action (hereinafter
"Terrace Street Neighbors").
RECITALS:
A. WHEREAS, Dean and Sandra Royce have applied for
subdivision approval pursuant to Planning Action No. 88-131,
and
B. WHEREAS, Dave Lewis has applied for modification of a
previously approved outline plan for a subdivision pursuant to
Planning Action Nos. 88-183 and 84-050; and
C. WHEREAS, Terrace Street Neighbors have appealed both
of the applicants' subdivisions; and
D. WHEREAS, all parties desire to work out a settlement
agreement in lieu of pursuing the appeals before the City
Council and beyond, now, therefore,
IT IS HEREBY AGREED AS FOLLOWS: ~' ..~
1 This Agreement is conditioned upon the City of Ashland "~
approving the improvement of Terrace Street in substantial
conformance with the terms ~ %o~li~,~on~p~_.c~z.o~nta~%~in,.~ Ii ~~
shall be no obligation to ~mplete the improvement-cfr Terrace
Street under the terms of this Agreement. ~%'~'~ .....
2. A preliminary map showing the improvement of Terrace
Street shall be signed by Dale Hofer on behalf of applicant~
and John Jensen on behalf of Terrace Street Neighbors. Said
preliminary map shall be presented to the City of Ashland for
approval by city staff and the City Council. Upon approval by
the City of said preliminary map, the Terrace Street Neighbors
shall withdraw their objections to the applications of
applicants for subdivision approval. Thereafter, the final map
for the improvement of Terrace Street shall be prepared by Dale
Hofer and approved by John Jensen. Dale Hofer and John Jensen
shall sign the final map and present it to the City of Ashland
for approval in connection with the construction of Terrace
Street.
3. The parties acknowledge that the improvement of
Terrace Stree~ shall be designed and constructed by the City of
Ashland and shall be in conformance with all applicable
governmental requirements. Nevertheless, applicants shall
retain ~he services of a geologist at their cost and the
Terrace Street Neighbors shall retain the services of John
Jensen /engineer) at their cost. The geologist and engineer
shall have oversight responsibilities to applicants and the
Terrace Street Neighbors to see the project is constructed in
accordance with the terms of this Agreement, including all
applicable City standards, and that final design and
construction shall not create erosion or structural problems
within the Terrace Street Neighborhood.
4. Except for blackberries, applicants shall take care
not to remove or disturb existing vegetation except as may be
AGREEMENT - 2
necessary for construction of the improvements on Terrace
Street in conformance with this Agreement.
5. The Terrace Street Neighbors' private driveways and
foot paths shall be incorporated into the paved street in a
safe manner, and the quality of the Neighbors' ingress and
egress shall not be diminished as a result of the improvements.
Street improvements shall not cause any damage to Don and
Maureen Sever's existing driveway or railings.
6. Applicants shall work with the Terrace Street
Neighbors at the time of paving with regard to design of
private driveway entrances, walkway entrances, etc.
7. The existing hedge on the west side of Terrace Street
in front of the Fitch property, 555 Terrace, shall be inspected
by Peter Giffen who will prune back or take other measures as
are reasonably necessary to insure that the hedge will not be
damaged by the Terrace Street construction. Applicants shall
pay Peter Giffen's fees. The existing wooden fence (including
the ivy covering it) on the east side in front of the Martin
property shall be left untouched and undamaged.
8. No fill shall be used along the bank on the Martin
property from south of their garage up to and including the
north end of the wooden fence. Past that point, north to the
Martin driveway, only minimum fill of top soil or slough off
from digging shall be used except as needed to improve driveway
access. Prior to removal of lilacs, if necessary for
construction of Terrace Street and the Martin's driveway, Peter
Giffen shall be retained to replace Martin's lilacs.
AGREEMENT - 3
Applicants shall pay the cost of moving or replacing any lilacs
that are required to be moved. No damage shall be caused to
the fourteen inch (14") diameter fir trees beside the [.iartin
garage. Parking spaces shall be provided as shown on the
2/3/89 map along the Sever, Hei!enga and ~.lartin properties.
9. Ail fill shall be engineered and placed as required by
the geologist (subject to restrictions set forth herein) and
approved by the City of Ashland, and no fill material shall be
allowed to impact the existing irrigation ditch along Terrace
Street.
I0. Ail new fill slopes shall be riprapped, seeded or
covered with mulch as necessary to prevent erosion. Applicants
shall pay the cost for four soil pockets and four drought
resistant trees (maximum size - 15 gallon containers) that
shall be planted along the east side of the street in front of
the Sever, Heilenga and Martin properties north of the Martin
driveway.
11. A retaining wall shall be built on the west side of
Terrace Street per the basic drawing of engineer Dale Hofer, a
copy of which is attached hereto. The retaining wall shall be
constructed according to generally accepted engineering
standards considering the purpose for which it is built. A
retaining wall shall be used wherever a cut slope on the
project would result in a slope of greater than 1:1 ratio
(100%) slope. The walls should be of sufficient height and
length as to ensure that any cut slope greater than 1:1 will be
protected by the retaining wall. The resulting slope from the
AGREEMENT - 4
top of the retaining wall to the level portion of the Joos'
property shall not exceed a 1:1 ratio (100%) slope. All new
fill behind the retaining wall shall be a decent quality sandy
loom and replanted to prevent erosion with plants as chosen by
Peter Giffen to assure suitability to the site.
12. No trees shall be removed from the Terrace Street
Neighbors' property except as the same may be necessary in
order to complete the paving of Terrace Street according to the
terms of this Agreement. Prior to actual construction or
removal of trees from the Terrace Street Neighbors' property,
all trees to be removed shall be clearly marked by the
applicants, who shall then notify Mr. and Mrs. Joos. Peter
Giffen's services shall be used and paid for by applicants on
judgment of removal of trees and treatment of remaining trees.
Peter Giffen shall be retained to recommend the variety,
location and size of trees (maximum size - 15 gallon
containers) to be planted on the Joos' property so as to
reasonably replace the shade, erosion control and screening
effect provided by the removed trees. Applicants shall pay
Peter Giffen's fees and for the costs of such trees and the
costs of planting same. The City of Ashland shall have no
responsibility for this provision.
13. Terrace Street Neighbors hereby agree to the
formation of a local improvement district for the improvement
of Terrace Street upon the following conditions.
A. None of the property of the Terrace Street
Neighbors shall be liened, encumbered, or put at risk for
AGREEMENT - 5
payment of any portion of the local improvement district
costs, or assessments, including any portion assessed to
Terrace Street.
B. ~[one of the Terrace Street Neighbors shall be
required to pay any amount toward improvement of Terrace
Street, or any other portion of a local improvement
district, either directly or indirectly.
Terrace Street Neighbors shall sign the Petition for Street
improvement (copy attached), contemporaneously with the signing
of this Agreement, for presentation to the City of Ashland
authorizing the improvement of Terrace Street. Said
~,ezghbors shall remain in full
authorization by Terrace Street
force and effect as long as the terms and conditions of this
Agreement are complied with by applicants.
i4. To the extent the City of Ashland is not otherwise
responsible, applicants shall pay actual costs to repair any
damage to the Joos' property as a result of any construction
necessary to remove or protect the power poles existing on
their property.
15. Ail new cut slopes shall be revegetated or protected
and constructed as agreed upon by John Jensen and Dale Hofer to
prevent erosion after approval by the City of Ashland.
16. Improvements shall be designed so as not to result in
any damage to the integrity or stability of the Joos' yard,
driveway or house.
17. Applicants shall provide to the Terrace Street
>~eighbors' designated engineer, copies of all plans,
AGREEMENT - 6
specifications and working drawings prepared by applicants with
respect to the Terrace Street project, and shall allow
inspection by said designated engineer at all times during the
course of the project.
18. Ail disputes between the parties as to the
interpretation and enforceability of this Agreement shall be
resolved by arbitration. Arbitration may be instituted by any
party upon five days' written notice to all other parties %o
this Agreement. Any master in dispute shall initially be
arbitrated by John Jensen on behalf of the Terrace Street
Neighbors and Dale Hofer on behalf of the applicants, if John
Jensen and Dale Hofer are unable to resolve the dispute, they
shall mutually agree upon a third arbitrator, and, if they are
unable to do so within five days, any party may apply to the
Circuit Court of the State of Oregon for Jackson County for the
appointment of the third arbitrator. Upon appointment of the
third arbitrator, the arbitrators shall make their decision
within 15 days, and such decision shall be binding upon the
parties to this Agreement. The arbitrators may award attorney
fees to the prevailing party in the arbitration proceeding.
The fees of John Jensen shall be paid by the Terrace
Street Neighbors, and the fees of Dale Hofer shall be paid by
the applicants. The fees of the third arbitrator, if any,
shall be paid equally by the parties.
The decision of the arbitrators in any instance shall be
subject to final approval by the City of Ashland.
AGREEMENT - 7
19. This Agreement shall be binding upon the parties
heretO, their heirs, personal representatives and assigns.
20. The parties understand and agree that all of the
agreements contained herein affecting the Lmprovement of
Terrace Street within the City of Ashland's right-of-way are
subject to the approval cf the City of design and construction
of Terrace Street pursuant to the City of Ashland's code and
state law.
.~and r a Royce
Dave Lewis
Date
Date
Date
Applicants
Don Sever
Maureen Sever
Date ~//'~//~
Date ~'
Dat~
Date
Date
Date
AGREEMENT - 8
Tangr~ -Alexander
~ i~itc~,///
Irene
Date
Date
Chet Fitch
Date
Je s,~ie Fit~
Beth Martin
Sandra Fletcher
Drew Fletcher
Date
Dane
Date
Date
Date
Dat~
Date
Sheri Hillenga f
~4ichael Hillenga /
Date
Date
Kenneth Hooper ' ' ' - -
AGREEMENT - 9
Flora-H~ope.r t --i ~
Susan Lundquist ~!
Date
Date
Terrace Street Neighbors
AGREEMENT - 10
¢¢,,¢ h/'~',,e/.y~' '24
SUBJ[~? ~ ~' DATF
Office of MARQUESS & ASSOCIATES, Inc., Consuhing Engineers Sheet
PETITION FOR STREET IMPROVEMENT
Terrace Street - from the end of pavement to Ashland Loop Road,
LOCATION Ashland Loop Road - from Terrace Street easterly amproximately 700 feet.
Received by City Engineer
Dace
NOTICE TO PETITIONLRS: Persons signing this petition must be legal owners of
record, or purchasers in possession under a recorded land sale contract of real
property abutting, the proposed street improvement. If title to any parcel of
property is in the name of two or more persons, all must sign. Petitioners
should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNC%L OF THE CITY OF AShlLAND:
We, the undersigned owners of record of real property in the City of Ashland,
Jackson County, Oregon, hereby petition that: Terrace Street and Ashland Loop
Road be improved with curb, gutter, paving a.nd storm drains to the limits shown
above be paved, and that curbs be constructed thereon
in accordance with plans and
specifications therefor as shall be adopted by the City of Ashland and the cost
of such paving and improvements be assessed upon the real property ~d :? .'
thereby', and that we are the owners of the real property fronting
TAX LOT
PETITION FOR STREET IMPROVEMENT
Terrace Street - from the end of pavement to Ashland Loop Road,
LOCATION Ashland Loop Road - from Terrace Street easterly aDuroximately %OO feet.
Received by City Engineer
Date
NOTICE TO PETITION.S: Persons signing this petition must be legal owners of
record, or purchasers in possession under a recorded land sale contract'of real
property abutting the proposed street improvement. If title to any parcel of
proper~y is'in the name of Two or more persons, all must sign. Petitioners
should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:-
We. the undersigned owners of record of real property in :he City of Ashland,
Jackson County, Oregon. hereby peri:ion that: Terrace Street and Ashland LoOp
Road be improved with curb, gutter, paving and storm drains to the limits shown
above'be paved, and that curbs be constructed thereon
in accordance with plans and
'specifications therefor as shall be adopted by the City of Ashland and the cost
of such paving and improvements be assessed upon ~he r~al property benefited' .'
thereby', and ~hat We are ~he owners of the re~l property fronting (or benefitting)
TAX LOT
PETITION FOR STREET IMPROVEMENT
Terrace Street - from the end of pavement to Ashland Loop Road,
LOCATION Ashland Loop Road - from Terrace Street easterly aDprpximately 700 feet.
Received by City Engineer
Date
NOTICE TO PETITIONERS: Persons signing this petition muse be legal owners of
record, or purchasers in possession under a recorded land sale contract of real
property abutting the proposed street improvement. If title To any parcel of
property is in the name of two or more persons, all must sign. Petitioners
should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNC%L OF THE CITY OF AS~AND:
We, the undersigned owners of record of real property in the City of Ashland,
Jackson County, Oregon, hereby petition that: Terrace Street and Ashland Loop
Road be improved with curb, gutter, paving and storm drains to the limits shown
above'be paved, and that curbs be constructed thereon
in accordance with plans and
specifications therefor as shall be adopted by the City of A~hland and the cost
of such paving and improvements be assessed upon the real property benefited .'
thereby, and that We are the owners of the re~l property fronting (or benefitting)
on said street. -- ~0~,~. · ~ ~/2~ ~ZI~,~T ~f ~-Z~/.~/~/~/~>~ .~¥d~ ~/~/~' ~/~
TAX LOT