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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