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Home My WebLink AboutSatisfaction Development Agreement - 93-39594*November 1, 2016 CENTRAL POINT Jackson County Oficial Records 2016-036145 R -RAG Stn=O BARROWKL 11/01/2016 03:38:14 PM $10.00 $20.00 $5.00 $8.00 55.00 $4 00 $63.00 $11.00 I, Christine walker, County Clerk far Jackson County, oregon, ce,tiN mat the instrument identified herein rias recorded In els Clerk aeras. Christine Walker- County Clerk SATISFACTION OF DEVELOPMENT AGREEMENT For Tom Malot Constrtuction Co., Inc. Jackson Creek Estates Subdivision, Central Point Be it known by all present that the undersigned does hereby certify and declare that certain obligations filed against the property listed below and attached to this release and showing the filing number of said records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original Development Agreement, between the City of Central Point and Tom Malot Construction Co., Inc. entered into on November 5, 1993. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 1ODC of the Willamette Meridian, Tax Lots 169, 170, 171, 178, 179, 180, 181, 182, 183, and 184 Recording Number: 93-39594 Recording Date: November 18, 1993 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) li _/(�7 Date On the —day of November, 2016, personally appeared before me the above-named, Matt Samitore, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL STAMP CYNTHIA A WEEKS NOTARY PUBLIC -OREGON COMMISSION NO. 950692 WCOW SMONOFIoAmOHr= &le� Notary Public for Oregon My Commission Expires: Ofo/ptp�ap AGREEMENT PERTAINING TO DEDICATION OF A 10-FOOT*�hIB1T STRIP OF LAND ON SOUTH END OF UNIT NO. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON This agreement made by and between Tom Malot Construction Co., Inc., hereafter referred to as "Developer", and the City of Central Point, Oregon, a municipal corporation, hereafter referred to as "City". Recitals 1. On April 7, 1993, Developer obtained tentative plan approval from the City Planning Commission for Unit No. 5 of Jackson Creek Estates Subdivision. 2. One the conditions of such tentative plan approval south end of was that Developer dedicate a of strip of land along the 184, adjacentltos169, Beall Lane,l71 such110 foot strip 181, 182, 183 and future widening of Beall Lane. P to be used for 3• Due to circumstances too complex to set forth herein, Developer has now constructed a block wall next to the existing street right-of-way for Beall Lane. If Developer were to dedicate the 10 -foot strip required by the tentative plan approval, such block wall would be located 10 feet inside the street right-of-way, which would violate City's ordinance prohibiting any structures in street right-of-ways. 4. The parties wish to resolve the situation agreeable manner. in a mutually - Now, therefore, it is agreed as follows: Aqreement 1. Pronerties Affected. This agreement affects the following parcels of real property: Lots 169, 170, 171, 178, 179, 180, 181, 184 in Unit No. 182, 183 and 5, Jackson Creek Estates Subdivision, in the City of Central Point, Jackson County, Oregon, according to the Official plat thereof. 1 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) 33-33`34 ,' i 2. Dedication of 10 -Foot Strip. The final plat for Unit No. S of Jackson Creek Estates Subdivision shall be filed without the 10 -foot street right-of-way dedication. Instead, the 10 -foot strip shall remain part of the subdivision; the block wall will then not be located in the street right-of-way. Developer shall, concurrently with the execution of this agreement, execute a separate document, dedicating the 10 -foot strip to the public for street and utility purposes. City shall not accept or record the dedication until such time as the process to widen Beall Lane, by City or by any other governmental body, has commenced. Developer specifically agrees, on its own behalf and on behalf of all future owners of the affected parcels, that such dedication shall be accepted and recorded for no consideration beyond that set forth in this agreement. City will pay no money and will give no other consideration to Developer or to the then -owners of the affected parcels at the time of the acceptance and recording of the dedication. Notwithstanding the above paragraph, City may record the dedication at any time after passage of an ordinance making fences in the public right-of-way lawful in Central Point. 3. 10 -Foot Strip to Remain Unencumbered. Developer, on its own behalf and on behalf of all future owners of the affected parcels, hereby agrees and covenants to keep the 10 -foot strip on the south end of each affected parcel free and clear of any liens or encumbrances. Any mortgage, trust deed, land sale contract, or any other document securing a debt on an affected parcel shall specifically exclude the southern -most 10 feet of the lot. The 10 -foot strip shall not be pledged or encumbered in any way, but must remain free and clear of any liens or encumbrances. In the event that the 10 -foot strip in any affected lot should be encumbered at the time the dedication is recorded, City may take whatever action is necessary to clear the encumbrance from the title, including the payment of money to the lienholder, and City shall then be entitled to reimbursement from the then - owner of the affected parcel for the cost of clearing the title. 4. City to Remove Fence and Other Structures. When the 10 - foot dedication is accepted and recorded, and the process to widen Beall Lane has commenced, the block wall and all other buildings, fences, structures and landscaping within the 10 -foot strip will be removed by City, and no compensation shall be paid to the owners for any damages occasioned by such removal. By way of example, City will remove any storage sheds, trees, shrubs, 2 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. S, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) ./ . a �3-3J5` 1 AV patios, fences, gardens, underground sprinklers and anything else whatsoever that may be situated in the 10 -foot strip. Everything will be removed by City, and the owners of the affected properties will not be compensated for the loss. In addition, neither the block wall nor anything else removed will be replaced by City. City will simply clear the 10 -foot strip of all obstructions, with no compensation to any persons who may suffer a loss thereby. 5. Setback from Block Wall. At all times, both before and after recording of the 10 -foot dedication, for purposes of determining minimum setbacks for placement of buildings or structures, the setback shall be measured starting 10 feet north of the block wall. In other words, the setback will be measured and determined as if the 10 -foot dedication has already taken place. 6. Notification to Future Owners. This agreement shall bind Developer's heirs, successors and assigns. It shall be recorded and is intended to run with the land. It shall be the duty of Developer and future owners of the individual lots affected to discover and be aware of the terms of this agreement. City assumes no responsibility for putting future owners on notice of this 10 -foot strip. Any future owner of an affected parcel putting anything of a permanent nature in the 10 -foot strip will do so at his or her own risk: When Beall Lane is widened, the 10 -foot strip will be dedicated with no compensation, and everything in the 10 -foot strip will be removed without compensation. 7. Attornev Fees. In the event that suit or action is filed by either party to interpret or enforce the terms of this agreement, the prevailing party shall be awarded reasonable attorney fees, including any appeals. 8. Preparation of Agreement. Developer understands that this agreement has been prepared by Douglas M. Engle, a lawyer representing City only. Developer acknowledges that he has had the benefit of independent legal advice prior to executing this agreement. Executed in duplicate this -45-� day of 1993, each party retaining an original. City of Central �Point Tom Malot Construction Co., Inc. B y_/ �.Coofii i c �/f7_tL2 Kt l t — �r-- . Mayo,<Roger Westensee Thomas E. Malot, President 3 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) JJ t STATE OF OREGON ) ss. County of Jackson ) On the �tday of 1993, personally appeared before me the above-namedogeR r Westensee, Mayor of the City of Central Point, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL SEAL 1. SANDY 1. LOMMEL "P- NOTARY PUBLIC - OREGON MYCOMMISSION NO. A009395 COMMISSIONEXp RESNOVS, 995 l STATE OF OREGON ) ) ss. County of Jackson ) ,fin '1�z, 0 _ L�(I Notary Publ c f4 Oregon My Commission Expires:(/ -P-91 On the _/16<_ day of 1993, personally appeared. before me the above-named T omas E. Malot, President of Tom Malot Construction Co., Inc., and acknowledged the foregoing instrument to be the voluntary act and deed of Tom Malot Construction Co., Inc. CcMCIAL SEAL Notary P bli for Oregon IC -Ry F• i. LOP.vnEl My Commission Expires: //--'r N!'i..•^.Y F'.'_(:: — OR, CN CC'•:b1iSS:C:i NO. AUU9395 MYCOAVAISS:ON EXPIRES NOVE,199995 PON (a: s4- NOV 1 8 1993 P M KATHLEEN S. ..TT O E 4 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. S, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) l AHiiiiT _,a__ DEDICATION TO PUBLIC OF STREET AND UTILITY RIGHT-OF-WAY Tom Malot Construction Co., Inc. hereby forever dedicates to the public for street and utility right-of-way purposes a strip of land 10 feet in width, which 10 -foot strip is the southern- most 10 feet of land, adjacent to Beall Lane, in the following - described parcels: Lots 169, 170, 171, 178, 179, 180, 181, 182, 183 and 184 in Unit No. 5, Jackson Creek Estates Subdivision, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. It is understood and agreed that this dedication will be accepted by City, and recorded by City, only at such time as the process to widen Beall Lane, adjacent to the subject property, has commenced. City of Central Point e� Mayo? Roger Westensee STATE OF OREGON ) ) ss. County of Jackson ) Tom Malot Construction Co., Inc. B v ' - uz-e� Thomas E. Malot, President On the _yam day of �, 1993, personally appeared before me the above-namedogeR r Westensee, Mayor of the City of Central Point, and acknowledged the foregoing instrument to be the,,.,`I + '-a,act and deed of the City of Central Point. OFFICIAL n SANDY J. LIAL :r T' SIAL N: