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HomeMy WebLinkAbout2007-229 Water Purchase Agrmt - S. Beebe AGREEMENT FOR PURCHASE OF CITY WATER Agreement made this -1L day of ik.,'1 ~ ("City") and Shannon Lea Beebe ("Beeb '). ,2007, between the city of Ashland, Oregon RECITALS A. Beebe owns property outside the city and desires connection to City's water supply system for a dwelling owned by Beebe located on the following described property: See attached Exhibit A B. Connections to City's water system for dwellings located outside the city are authorized by Resolution No. 97-27 where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and not to be detrimental to City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division and Health Department of Jackson County, Oregon that the existing water system for the premises has failed. 3. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. 4. An Ashland water main or line exists within one hundred (100) feet of the premises. 5. The connection is to premises within City's urban growth boundary. C. On August 7, 2007, City Council made such findings and authorized the connection on the terms and conditions contained within this Agreement. City and Beebe agree: 1. Water Sale: City shall supply to Beebe a 3/4" residential water service from its water system for the dwelling located on Beebe's property described above. The water service shall be provided to Beebe's southeasterly boundary line from the existing water main located on the north side of East Main St. PAGE 1 - AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\cng\dcpt-admin\Waters\Sewer & Water Conm.:ctions\31 03 E Main Beebe Water Connection Agreement 8 07.doc 2. Fees and Charges to be Paid by Beebe: a. Beebe shall pay City's water connection fee for connections outside City and the systems development charges established by City. b. 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 Beebe shall pay for all water delivered to the property through such meter at those rates established by City for customers served outside City. c. Payment by Beebe shall be made upon receipt of billing by 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 stating that service will be disconnected if the bill is not paid by the date specified. 3. Terms of Service: a. Beebe shall comply with all ordinances of City related to water service and use. City shall have the right to terminate service for failure to comply with such ordinances upon ten (10) days notice to Beebe. b. Failure to pay for charges when due shall automatically become a lien upon the property. c. A memorandum of this contract shall be recorded in the county deed records with the cost of recording to be paid by Beebe. d. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, the replacement building or dwelling may continue to be connected to the water system of City as long as the use of the water system will not be increased as determined by the Director of Public Works. e. Beebe shall furnish to 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 City, signed by the owners of record and notarized so that it may be recorded by City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. PAGE 2- AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\cng\dcpt-admin\Waters\Sewcr & Water Connectiotls\3103 E Main Beebe Water Connection Agreement 8 07.doc 4. Quantitvand Pressure of Water. No liability shall accrue against City arising by reason of shortages in the quantity of water available, lack of water pressure, or interruptions in water deliveries to Beebe 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. a. 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 reasonable particularity. No default shall occur if the breach is remedied with ten (10) days after the notice is given. b. If the breach specified in the notice is of such a nature that a remedy 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 period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. c. If substantially the same breach for which notice was given recurs within six (6) 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. III III III III III III PAGE 3 - AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\eng\dept-admin\Waters\Sewer & Water Connections".J 103 E Main Beebe Water Connection Agnx:mcnt 8 07.doc 7. Assignment. Beebe may not assign or subcontract rights or obligations under this Agreement without the written consent of City, which consent shall not be unreasonably withheld. PAGE 4 - EVlEWED AS TO CONTENT BY:~ ,eity Department Head Date: /()~d7 REVIEWED AS TO FORM AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\cng\dcpt-admin\Waters\Sewer & Water Connections\3 1 03 E Main Beebe Water Connection Agn.'Cmcnt 8 07.doc EXHIBIT A TIlE FOLLOWING DESCRffiED REAL PROPERTY SITUATE IN TIlE COUNTY OF JACKSON, AND STATE OF OREGON, TO WIT: COMMENCING AT TIlE EAST.SOUTIIEAST CORNER OF DONATION LAND CLAIM NO. 52 TOWNSHIP 39 SOUTH, RANGE I EAST OF TIlE WlLLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON: TIlENCE WEST 1391.8 FEET; TIlENCE NORTII 1233.3 FEET TO A 518" IRON PIN LOCATED ON THE NORTIlEASTERLY BOUNDARY OF EAST MAIN STREET FOR TIlE TRUE POINT OF BEGINNING; TIlENCE NORTII SO" 28' EAST 461.91 FEET TO INTERSECT TIlE SOUTIlWESTERLY BOUNDARY OF TIlE CITY OF ASHLAND AIRPORT PROPERTY AS DESCRmED IN VOLUME 576, PAGE 172 OF TIlE DEED RECORDS OF JACKSON COUNTY, OREGON; TIlENCE ALONG SAID AIRPORT PROPERTY BOUNDARY, NORm 39" 32' WEST 224.84 FEET; TIlENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORm 83' 27' WEST 230.68 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORm 39" 32' WEST 28.06 FEET: TIlENCE .SOUTH 50" 28' WEST A DISTANCE OF 290.0 FEET, MORE OR LESS, TO TIlE NORTIlEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY, SOUTII 38" 44' EAST 419.17 FEET TO TIlE TRUE POINT OF BEGINNING. EXCEPTING TIlEREFROM A TRACT OF LAND DESCRmED AS FOLLOWS: COMMENCING AT TIlE EAST.SOUTIIEAST CORNER OF DONATION LAND CLAIM NO. 52, TOWNSHIP 39 SOUTIl, RANGE 1 EAST OF TIlE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; TIlENCE WEST 1391.8 FEET; TIlENCE NORm 1233.2 FEET TO A 518" IRON PIN LOCATED ON TIlE NORTIlEASTERLY BOUNDARY OF EAST MAIN STREET OF TIlE TRUE POINT OF BEGINNING; TIlENCE NORm SO' 28' EAST 461.91 FEET TO INTERSECT TIlE SOUTIlWESTERLY BOUNDARY OF ASHLAND AIRPORT PROPERTY AS DESCRmED IN VOLUME 576, PAGE 172 OF TIlE DEED RECORDS OF JACKSON COUNTY, OREGON; TIlENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORm 39" 32' WEST 210.0 FEET; TIlENCE SOUTII 50" 28' WEST 460.0 FEET MORE OR LESS, TO TIlE NORTIlEASTERLY BOUNDARY OF EAST MAIN STREET; TIlENCE ALONG SAID STREET BOUNDARY, SOUTII 38" 44' EAST TO TIlE TRUE POINT OF BEGINNING.