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Home My WebLink About1997-121 Water Purchase - Ward AGREEMENT FOR PURCHASE OF CITY WATER Agreement made this 22 day of October , 1997, between the City of Ashland, Oregon, ("City") and GEORGE F. WARD, ELEANOR O. WARD and GLEN M. WARD, Trustees for the Ward Family Trust ("Ward"). RECITALS: A. Ward owns property outside the City and desires connection to the city water supply system for a dwelling owned by Ward located on the following described property: See the attached Exhibit A. B. Connections to the city water system for dwellings located outside the city are authorized by Resolution No. 97-27 where the council finds: B1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. B2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. B3. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. B4. An Ashland water main or line exists within 100 feet of the premises. B5. The connection is to premises within the city's urban growth boundary. C. On October 21, 1997, the city council made such findings and authorized the connection on the terms and conditions contained within this agreement. City and Ward agree: 1. Water Sale: City shall supply to Ward a 3/4" residential water service from its water system for the dwelling located on Ward's property described above. The water service shall be provided to Ward's southerly boundary line from a new 2" water service line connecting both Ward and the adjoining property at 531 Dead Indian Memorial Road (currently owned by the Monte C. and Judy A. George). 2. Fees and Charges to be Paid by Ward: 2.1. Ward shall pay the city's water connection fee for connections outside the city and the systems development charges established by the City. 2.2. City shall supply a water meter at a location to be determined by City to measure the volume of water delivered to the property and Ward shall pay for all water delivered to the property through such meter at those rates established by the City for customers served outside the city. PAGE 1-AGREEMENT (plagreelward.k3) 2.3. Payment by Ward shall be made upon receipt of billing by the City. If the bill is not paid by the next billing date, a notice complying with the then current regulations for utility notices shall be given that service will be disconnected if the bill is not paid by the date specified. 3. Terms of service: 3.1. Ward shall comply with all ordinances of the city related to water service and use. City shall have the right to terminate service for failure to comply with such ordinances upon 10 days notice to Ward. 3.2. Failure to pay for charges when due shall automatically become a lien upon the property. 3.3. A memorandum of this contract shall be recorded in the county deed records with the cost of recording to be paid by Ward. 3.4. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. 3.5. Ward shall furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. 4. Quantity and Pressure of Water. No liability shall accrue against the City arising by reason of shortages in the quantity of water available, lack of water pressure or interruptions in water deliveries to Ward for any reason, including but not limited to, accidents or failure of City facilities or supply or from any cause beyond City's control, including, without limitation, war or acts of God. 5. Default: Time is of the essence of this agreement. There shall be a default under this agreement if either party fails to perform any act or obligation required of that party by this agreement. 5.1. Before declaring a default, the party claiming a failure has occurred shall give written notice to the other party specifying the nature of the breach with rea- sonable particularity. No default shall occur if the breach is remedied within ten days after the notice is given. 5.2. If the breach specified in the notice is of such a nature that it cannot be completely performed within the ten-day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten-day PAGE 2-AGREEMENT (plagreelward.k3) period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 5.3. If substantially the same breach for which notice was given recurs within six months, the party injured by such breach may declare a default by giving written notice to the other party specifying the nature of the breach. 6. Remedies: In addition to the remedies specified elsewhere in this agreement, if a default occurs, the party damaged by the default may elect to terminate this agreement and pursue any equitable or legal rights and remedies available under Oregon law. 7. Assignment: Ward may not assign or subcontract rights or obligations under this agreement without the written consent of City, which consent shall not be unreasonably withheld. Ward Family Trust City of Ashland, Oregon /7-'] , (l /f/L By / /1/L- /, Lt:: J2ity Administrator REVIE.WED A~ TO C"e /' ENT: BY ~~/ Ci~ Dep ment Head Date: Z'Z- pe--r '37 Trustees for the Ward Family Trust: 1:/. 7', / ~ V:---z~' - . )/ /z>> "J J :. ~. ~~ . GEORGE F. WARD ~~~ dJ 7f/~/ ELEAN R O. WARD //~^-L/ REVIEWED AS TO FORM By vv----' City Legal pounsel Date: I u ("2..?/f7 PAGE 3-AGREEMENT (plagreelward.k3) LT-59160 EXHIDIT A TRACT A: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Wil1amette Meridian in Jackson County, Oregon, thence North 0"14'15" East 271.10 feet, thence North 39"32' West 46.90 feet to a 5/8" iron pin on the west boundary of the Dead Indian County Road, thence North 0014'15" East, along said boundary, 781.59 feet, thence North 39"32' West 1770.S9 feet to a point on the northeasterly line of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence continue North 39032' West, along said line, lS39.00 feet to a point on the east boundary of Donation Land Claim No. 48, said Township and Range, said point bears South O"OO'SO" East 2085.49 feet from the northeast corner of said Claim No. 48; thence along the center of Bear Creek as follows: South 88007' East 380.75 feet, South 61051' East 219.28 feet, South 56013' East 422.64 feet, and South 40050' East 326.58 feet; thence leaving said Creek, South 15007' West 610.00 feet to the true point of beginning. EXCEPTING THEREFROM the following: Commencing at the northeast corner of Donation Land Claim No. 48 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence South 0"00'50" East, along the east boundary of said Claim, 1551.18 feet to the true point of beginning; thence continue South 0000'50" East, along said boundary, 534.31 feet; thence South 39032' East 282.40 feet; thence North 80008'40" East 346.16 feet; thence North 18037' East 140.47 feet; thence North 59045' West 298.20 feet; thence North 16056'50" West 313.41 feet; thence North 40023'30" West 144.04 feet to a 5/8" iron pin; thence West 123.48 feet to the true point of beginning. ALSO EXCEPTING THEREFROM the following: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0014'15" East 271.10 feet, thence North 39032' West 46.90 feet to a 5/8" iron pin on the west boundary of the Dead Indian County Road, thence North 0014'15" East, along said boundary, 781.59 feet, thence North 39032' West 1770.59 feet to a point on the northeasterly line of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence North 15007' East 563.87 feet to a 1/2" iron pin on the south bank of Emigrant Creek; thence continue North 15007' East 46.13 feet to a point on the centerline of said Creek; thence along said centerline, North 40050' West 326.58 feet and North 56013' West 97.57 feet; thence leaving said centerline, South 15007' West 86.43 feet to a 5/8" iron pin on the south bank of said Creek; thence continue South 15007' West 480.13 feet to a 5/8" iron pin on the northeasterly line of said tract described in Volume 576 Deeds page 172; thence South 39032' East, along said line, 445.09 feet to the true point of beginning. ALSO EXCEPTING THEREFROM the following: Commencing at the east-southeast corner of Donation Land Claim No. 52 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North 0"14'15" East 271.10 feet, thence North 39032' West 46.90 feet to a 5/8" iron pin located on the west boundary of the Dead Indian County Road, thence along said west boundary, North 0"14'15" East 781.S9 feet, thence North 39032' West 2215.68 feet to a 5/8" iron pin located on the northeasterly of tract described in Volume 576 page 172 of the Deed Records of Jackson County, Oregon, for the true point of beginning; thence North 15007' East 480.13 feet to a 5/8" iron pin on the south bank ~/ LT-S9160 (continued) approximate centerline of said Creek; thence along the approximate ccnterline of said Creek, North 56"13' West 148.92 feet to a point; thence South 15.07' West 85.67 feet to a 5/8" iron pin on the south bank of said Creek; thence South 15"07' West 428.47 feet to a 5/8" iron pin; thence South 39032' East 172.98 feet to the true point of beginning. (Code 5-8, Account #1-11539-0, Map #391E12, Tax Lot #304) ~I