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Home My WebLink About2006-195 Maintenance Agrmt - Medinger Jackson County Official Records 2006-054302 R-A Cnt=1 Stn=10 ALONZOKW/26/2006 03:43:11 PM $15.00 $5.00 $11.00 Total:$31.00 1111111111 11111111111 01226355200600543020030034 I, Kathleen S. Seckett, County Clerk rorJackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: MAINTENANCE AGREEMENT NAME OF PARTIES: FIRST PARTY: LARRY MEDINGER, PRESIDENT MEDINGER CONSTRUCTION, INC. SECOND PARTY: CITY OF ASHLAND DOCUMENT TO BE RETURNED TO: BARBARA CHRISTENSEN CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 TRUE & ACTUAL CONSIDERATION: $ 0 UNTIL A CHANGE IS REQUESTED, SEND TAX STATEMENT TO: NOT APPLICABLE G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections\Medinger First Page Recording Form.doc / IT AGREEMENT FOR MAINTENANCE OF THE BARTOW'S SUBDIVISION ALLEY This agreement was made this ~ day of t!)~4L-, 2006 between the City of A~hland (City), a Municipal Corporation of the State of Oregon and Medinger Construction Company, Inc; (Medinger), an Oregon Corporation. RECITALS: . .. ~ . 1. Under Planning Action No. 2005-456 Medinger has divided the property located at 240 Scenic Drive (Assessor's Map 39 IE 05DD, tax lot 6601) into two parcels as attested to by Partition Plat P-58-2005 recorded on August 10,2005 and filed in Index Volume 16, Page 58 of the "Record of Partition Plats" of Jackson County, Oregon. 2. Parcel No.2 has sole functional access from a 10' wide public alley located along the entire north boundary of the parcel. 3. The alley was dedicated to the City of Ashland on the plat of the Bartows Subdivision recorded on August 8, 1914 and is unimproved. The alley extends from Manzanita Street in a southeasterly direction toward Laurel Street. 4. The Findings and Orders for Planning Action No. 2005-456 required Medinger to improve the alley to a full 10 foot width and provide a paved surfac~ from Manzanita Street to the parent parcel's south property line with an all-weather surface constructed to Ashland Fire Department standards. There is agreement that there was a misunderstanding in the interpretation of paving and all-weather surfaces. 5. Medinger haS proposed that the first 40 linear feet of alley (from Manzanita Street) be paved and that the remaining 275 linear feet be improved with a 9 inch deep 1" - 0" crushed rock surface. 6. The existing alley, at 1 0 feet wide, does not meet current minimum alley width standards of 12 feet and there is little likelihood that the alley can be widened. 7. To protect down-slope properties, north of the alley, it is critical that the alley surface be maintained to channel runoff into the storm drain system within the alley and to provide a smooth travel surface for alley users. 8. The narrow alley width makes maintenance of the crushed rock surface nearly impossible with existing City equipment. NOW THEREFORE, City and Medinger mutually agree as follows: 1. Both parties acknowledge that paving the alley would provide the best long term solution _~~____!o the diffi~u1ties posed by DlaintaIDing il:grnyel~urf~Q~J)nilie narro_w_alley righLQf way._ 2. Both parties also acknowledge that alley paving was not explicitly required by planning approval and is not required at this time if appropriate maintenance can be defined. G:\pub-wrks\eng\dept-admin\SUBDIVIS\Bartows Subdivision Alley Maintenance Agreement 8 06.doc 2 3. The alley from Manzanita Street easterly to the easterly boundary of Parcel No.2 shall be maintained by the owners of Parcel No.2 as defined by Land Partition Survey No. P-58- 2005. 4. Maintenance shall include periodic grading and shaping of the crushed rocksurface to .maintain smoothness and to prevent stonnwater runoff from flowing into the neighboring properties to the north and the application of additional crushed rock as needed to accomplish the above responsibilities. . 5. Maintenance operations shall be performed as needed and/or when directed by the City and shall be completed to the City's satisfaction. The owner shall contact the City Street Division 72 hours prior to beginning any maintenance work. 6. This agreement shall remain in affect until such time as the alley is paved from Manzanita Street to the easterly boundary of Parcel No.2. 7. This agreement and any attached exhibits constitute the entire agreement betwe~n the . parties. No waiver, consent, modification or change of terms of this agreement.shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. -;::;/~ By Larry Medin er, President Medinger Construction, Inc. State of Oregon County of Jackson This ins Medinger. JAMILA M. BAKER NOTARY PUBLlC-OREGON COMMISSION NO. 3794<48 MY COMMISSION EXPIRES MAY 11, 2001 By State of Oregon County of Jackson This instrument was acknowledged before me on _OFFICIAL SEAL APRIL M. LUCAS nm ~~L~"?= MY COMMISSION EXPIRES JAN. 09, 2009 0M0\0e, \ \ , 2006, by Lee Tuneberg. J-~ \..XV'-. +U~a..U Notary Public for Oregon. Commission expires: \ \ Q two g G:\pub-wrks\eng\dept-admin\SUBDIVIS\Billtows Subdivision Alley Maintenance Agreement 8 06.doc 3