HomeMy WebLinkAboutSatisfaction Development Agreement - 94-09552*November 1, 2016
Jackson County Official Records 2016-036148
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Stn --O BARROWKL 11/01/2016 03:38:14 PM
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I, chnsune Walker, county clerk Ior Jackson county, or"on, Dray
Mat u,e hrsbument ktennfieC herein was mordei In the Clerk
records.
Christine Walker- County Clerk
CENTRAL
POINT
SATISFACTION OF DEVELOPMENT AGREEMENT
For
Snowy Butte Orchards
372W10DB8200, 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 Robert & Dixie Youngs entered into on
February 25, 1994.
City of Central Point, November 2016
Property located in the Township 37, Range 2W Section 1OD8 of the Willamette Meridian, Tax Lot 8200
Recording Number: 94-09552
Recording Date: March 14, 1994
Matt Samitore
City of Central Point
STATE OF OREGON
)ss.
County of Jackson
11-1-14
Date
On the La y 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
NOTau& .Olil
COMMISSION NO. 950M
W COMOSION E1WM AM Ok m
Notary Public for Oregon
My Commission Expires: Ob/0&/a0
X0.06
94-09552
OF
Date of Agreement: F_ ehru_r 45: l Q qq
Property Affected:
Commencing at the southwest corner of Lot "H", Snowy Butte Orchards,
in Section 10, Township 37 South, Range 2 West of the Willamette
Meridian, Jackson County, Oregon, according to the Official Plat
thereof, now of record; thence north 00001'40" west along the westerly
line of said Lot "H", 388.00 feet to the INITIAL POINT OF BEGINNING;
thence continue north 00001'40" west along said westerly line 145.00
feet to the northwest corner of tract as described in Document No. 83-
07655 of the Official Deed Records of said Jackson County; thence
south 89058'03" east along the northerly line of said tract 290.60
feet; thence south 00000'03" east 65.00 feet; thence south 89058'03"
east 134.70 feet to a point on the westerly line of Snowy Butte Lane;
thence south 00000'03" east along said westerly right-of-way line,
80.00 feet; thence north 89058'03" west 425.23 feet to the initial
point of beginning.
Parties to Agreement: City of Central Point, Oregon, an Oregon
municipal corporation, and Robert and Dixie Youngs.
Nature of Obligations: This is a "Development Agreement" requiring
the owners of the property to make certain improvements on and near
the property affected. Improvements are required to be made within
180 days from the date of agreement. Future owners are bound by
contract.
City of Central Point
May Roger Westensee
STATE OF OREGON
County of Jackson
)
ss
Robert" Youn
Dix' Y
On the Z�day of , 1994, personally appeared before
me the above-named Roger Westens , 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. /J
OFFICIAL SEAL - OR�
IOMYCOMMISSIONEXPIRESNOVS,19951
SANDY J. LOR EL 4�-8-yrL(kh-
NOTARY PUBLIC . OREGON
Notaryy PU iC r Oregon
CUI�4MISSION NO. A009395 My Commission Expires: 11-9-96-
1
1-9-95
1 - MEMORANDUM OF AGREEMENT (011994)
NIL
94-0955
STATE OF OREGON )
) ss.
County of Jackson )
On the j22j day of 1994, personally appeared before
me the above-named Robert Youngs, n acknowledged the foregoing
instrument to be his voluntary ac and deed.
OFFICIAL SEAL
SANDY 1 LOMMEL -
NOTAR( vDSIC - OREGO;. Notary Pu isr Oregon _
CO:AN'ISSION NO. A009395
MYCOMMISSIONEXPiRESNOVS,i,;_ My Commi3 on xpires: /(-2F-QS
STATE OF OREGON )
) ss.
County of Jackson )
On the day of , 1994, personally appeared before
me the above-named Dixie Youngs, and acknowledged the foregoing
instrument to be her voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
Jackson Counly, Oregon
Recorded
CffICIAL RECORDS
//!)_6 MAR 14 1994,E M
KATHLEEN S. BECKETT
CLERIC REC
aon.
2 - MEMORANDUM OF AGREEMENT (011994)
` -.-4r
DEVELOPMENT AGREEMENT
(Youngs Partition)
(37 2W 1ODB Tax Lot 8200)
This agreement made this Q2t day of
1994, by and between the City of Central Point, Orego a
municipal corporation, hereinafter referred to as "City", and
Robert and Dixie Youngs, hereinafter referred to as "Developer"
Recitals
1. Developer has previously been granted tentative plan
approval by City for a three -lot land partition on a 1.21 -acre
parcel located at 3435 Snowy Butte Lane, Central Point, Oregon,
which approval is subject to certain conditions.
2. Developer has applied to City for final plat approval of
said subdivision.
3. Before final plat approval can be obtained, Central
Point Municipal Code Chapter 16.36 requires, among other things,
that Developer and City execute and file an agreement relating to
certain improvements and repairs required to be made in the
development at issue.
Now, therefore, in consideration of the covenants herein
exchanged, the parties agree as follows:
Agreement
1. PROPERTY AFFECTED. This agreement affects the
following -described real property:
Commencing at the southwest corner of Lot "H", Snowy
Butte Orchards, in Section 10, Township 37 South, Range
2 West of the Willamette Meridian, Jackson County,
Oregon, according to the Official Plat thereof, now of
record; thence north 00001'40" west along the westerly
line of said Lot "H", 388.00 feet to the INITIAL POINT
OF BEGINNING; thence continue north 00101'40" west
along said westerly line 145.00 feet to the northwest
corner of tract as described in Document No. 83-07655
of the Official Deed Records of said Jackson County;
1 - DEVELOPMENT AGREEMENT (011994)
thence south 89058'03" east along the northerly line of
said tract 290.60 feet; thence south 00000'03" east
65.00 feet; thence south 89058'03" east 134.70 feet to
a point on the westerly line of Snowy Butte Lane;
thence south 00'00'03" east along said westerly right-
of-way line, 80.00 feet; thence north 89058'03" west
425.23 feet to the initial point of beginning.
This agreement shall be recorded, and is intended to attach
to, and shall run with the land. In addition, all subsequent
purchasers' and developers' heirs, successors and assign shall be
bound by this agreement.
2. CONSTRUCTION. Developer shall construct or cause to be
constructed, at Developer's expense, the improvements described
in the tentative plan approval, all construction plans and
specifications, terms and conditions contained in the City's
Public Works Standards, terms and conditions contained in the
construction permit, any applicable provisions of the Central
Point Municipal Code, and, specifically, the following:
1. Developer shall construct an adequately sized storm
drainage system to provide for existing runoff into the property,
and include sizing for runoff from each lot, and the private
access street. If the storm drain system will discharge to
Griffin Creek, then Developer shall obtain all permits from
agencies governing such work, which may include the City, Oregon
Department of Environmental Quality, Fish and Wildlife, and
Division of Lands.
2. As a part of the construction of the improvements
for this tentative plan, Developer's engineer shall provide a
complete set of drainage calculations for sizing the storm
drainage system for this development. Developer shall cause this
information to be submitted to the Public Works Department at the
time construction drawings for the subdivision are submitted to
the Public Works Department for permits for construction of the
storm drainage improvements.
3. All roof drains, area drains, and crawl spaces shall
have positive drainage away from the structure, and shall be
connected to a curb drain, or an approved storm sewer. Developer
shall provide the necessary storm drainage improvements to assure
that all streets, lots, and all properties will drain properly as
stipulated above.
4. Construction of an 8" waterline and a fire hydrant
located approximately 30' south of the southeast property corner
of Parcel 2.
2 - DEVELOPMENT AGREEMENT (011994)
5. Construction of an adequately sized sanitary sewer
line to provide service to Parcel 2 and Parcel 3.
6. Construction of an access driveway and driveway
approach to serve the parcels in the partition.
7. Construction of a sidewalk along the westerly
portion of Parcel 1, adjacent to Snowy Butte Lane.
3. SECURITY FOR PERFORMANCE. In connection with this
agreement, Developer shall also submit to City, to assure his or
her full and faithful performance of all obligations hereunder,
one of the forms of security approved under Central Point
Municipal Code Chapter 16.12.080. Developer has chosen the
following:
surety bond
cash deposit
XXX letter of credit
The sum agreed to secure Developer's performance hereunder is
$32,000, which sum is hereby deemed sufficient to cover the cost
of the improvements and repairs, including related engineering
and incidental expenses, administrative expenses, inflationary
costs, and the cost of city inspections.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete
each and every obligation contained herein within 180 days from
the date of the execution of this agreement. Said period may, in
the sole discretion of City be extended, in writing, for a
reasonable time thereafter. In the event that City extends the
time for completion, the City may also, in its discretion,
require an increase in the amount of security for performance of
the project, whether it be by surety bond, cash deposit or letter
of credit.
5. REMEDIES UPON BREACH. In the event that Developer shall
fail, in any way, to perform the obligations required herein,
City shall have all remedies available under local, state and
federal law, including, but not limited to, completing or causing
completion of all obligations hereunder and proceeding against
Developer, his letter of credit, his cash deposit or his bond for
recovery of the costs of said completion. Such costs shall
include all costs and expenses described herein.
6. INSPECTION OF WORK. Developer shall provide access to
City to conduct inspections, including, but not limited to, the
following:
3 - DEVELOPMENT AGREEMENT (011994)
a. Inspection and testing of all storm drainage,
sanitary sewer pipe, water pipe and fire hydrants;
b. T.V. inspection of all sanitary sewer and storm
drainage pipes;
C. Inspection and testing of trench backfilling for
water pipes, storm drains and sanitary sewers;
d. Inspection and testing of subgrade prior to placing
street rock base;
e. Inspection and testing of base rock prior to placing
surfacing;
f. Inspection and testing of the placement of the
surfacing material;
g. Inspection and testing prior to placing any
concrete;
h. Inspection of other construction within public right
of way or easement dedicated or to be dedicated.
7. COSTS OF ADMINISTRATION AND INSPECTION. Developer
agrees to pay City for the costs of administration and inspection
of the project to the extent that the same are reasonably related
to City's assuring compliance with the plans and specifications,
the Central Point Municipal Code, the within agreement, and all
other applicable standards, rules, regulations and laws, which
sums shall be due on a monthly basis and shall be paid within 10
days of billing. Failure to pay such sums shall be grounds for
withholding acceptance of completed work and/or proceeding
against Developer's security for performance. Such
administration and inspection costs shall include, but not be
limited to the following:
a. All inspections and testing done pursuant to the
previous paragraph, entitled "Inspection of Work".
b. Meetings with Developer, project engineer or
developer to review project, City standards, specifications,
ordinances and procedures.
C. Providing Developer, Developer's representative or
any jurisdictional, governmental, or utility entity with
information on existing conditions, facilities, and capital
improvements required.
4 - DEVELOPMENT AGREEMENT (011994)
d. Reviewing all construction drawings, engineering or
specifications for the construction of, or modification to the
construction of, the improvements.
e. Reviewing existing as -built information to assist in
determining the location of existing facilities.
f. All costs of application review and processing,
including, but not limited to, administrative and legal staff
time costs, plan checks, construction inspection and preparation
of agreements, to the extent that the same are in excess of the
filing fee.
8. ACCEPTANCE OF COMPLETED WORK. Upon completion of the
improvements in full compliance with the tentative plan
previously approved for the project, all conditions placed on
tentative plan approval, all construction plans, construction
specifications, terms and conditions contained in the City's
Public Works Standards, terms and conditions contained in the
construction permit, together with all terms and conditions set
forth herein and any applicable provisions of the Central Point
Municipal Code, the Public Works Director, or his designee, shall
perform an inspection. If all work is found to be satisfactory,
and all deficiencies, if any, have been cured by Developer, the
Public Works Director shall issue a written acceptance of
completed work. Upon such acceptance, the City Administrator
shall be authorized to release any surety bond, cash deposit or
letter of credit posted by Developer.
9. GUARANTEE OF WORK. Developer guarantees, for a period
of two years from acceptance of completed work, that all
improvements hereunder shall be free from defects in materials
and workmanship. Prior to the expiration of said warranty
period, City shall determine if any materials or workmanship
deficiencies exist, and at City's request, Developer shall repair
or cause the repair of all such deficiencies. In the event there
are no deficiencies, or upon approval of any necessary repairs,
City shall issue a written document certifying Developer's
satisfactory completion of warranty.
10. BUILDING AND OCCUPANCY PERMITS. Upon execution of this
agreement and upon satisfaction of the security for performance
requirements of Central Point Municipal Code 16.12.080, City may
issue building permits to Developer concurrently with
construction work upon the improvements themselves, under the
following terms and conditions:
5 - DEVELOPMENT AGREEMENT (011994)
a. Developer must, prior to commencing construction
under any such building permits, or allowing the commencement of
construction thereunder, furnish a survey performed by a
registered professional land surveyor meeting the requirements of
state law, setting out the property corners for the lot for which
the building permit or permits are to be issued, with either iron
pins or wood stakes establishing said corners.
b. Developer must submit a plan for the protection of
streets and improvements satisfactory to City, and shall assume
all responsibility for any additional or corrective work that may
be necessary to the improvements, as determined by City as a
result of the construction performed under the building permits
authorized.
C. Developer must indemnify and hold the City harmless
from any and all liability by reason of the issuance of any such
building permits or any injuries or damages incurred by any
person by reason of construction under the permits or any claims
of any sort arising out of the issuance of the building permit
and construction performed thereunder.
d. Developer shall not sell any of said lots or enter
into any agreement for the sale of any such lots, unless he has
first furnished to the City written proof of the fact that he has
advised a purchaser or prospective purchaser that no certificate
of occupancy will be issued by City until completion, approval
and acceptance of the improvements by the City, in accordance
with the entire Development Agreement, and agree to assume full
and complete liability and hold City harmless by reason of the
refusal by the City to issue any such certificate of occupancy
until the provisions of the Development Agreement and Central
Point Municipal Code Chapter 16.36 shall have been met.
e. Neither Developer, nor any person on his behalf,
shall allow another person to occupy any lot or improvements
thereon until City has issued a certificate of occupancy.
11. HOLD HARMLESS AND INSURANCE. Developer agrees to hold
harmless City and its duly elected and appointed officials,
employees, agents and assigns from any and all liability or
responsibility by reason of any omissions, errors, or deletions
on the plans and specifications for the improvements or the
construction thereof, and shall indemnify the same against any
such liability or responsibility. Developer shall obtain and
maintain a policy of liability insurance coverage with policy
limits in the sum of not less than one million dollars
($1,000,000.00) combined single limit, naming City and its duly
elected and appointed officials, employees, agents and assigns,
as insured parties therein.
6 - DEVELOPMENT AGREEMENT (011994)
12. MISCELLANEOUS PROVISIONS. This agreement contains the
entire agreement to which it relates and supersedes any prior
written or verbal agreements or representations; this agreement
shall be binding upon the parties and their agents, successors
and assigns; Developer shall not assign his rights under the
terms of this agreement without the express written approval of
City.
In the event either party institutes legal proceedings for
the purpose of enforcing the within agreement or seeking damages
for the breach hereof, or to recover the cost of completion of
the improvements described herein, including an action against
Developer, his bond, cash deposit or letter of credit, the
prevailing party shall be entitled to recover attorney fees and
costs incurred at trial and on appeal in reasonable sums to be
determined by the respective courts.
13. GRANTING FINAL PLAT APPROVAL. It is understood by the
parties that upon execution of this agreement and related
documents, City will issue final plat approval.
EXECUTED IN DUPLICATE, each party retaining an original.
Developer:
4(obert/YoZ�"a
U
/J
JDixie Y
ST
l
STATE OF E�N )
ss.
County of Jackson )
City of Central Point:
Rogue Westensee, Mayor
On the day of 1994, personally
appeared before me the above-named R ert Youngs, and
acknowledged the signing of the foreg ing Development Agreement
to be his voluntary act and deed.
OFFICIAL SEAL
SANDY J LOMMEL
NOIM( PLJ"LIC - OREGON
C2nJSSION NO. A009395
&MYCOMMISSiONEXPIRESNOV8,1995
7 - DEVELOPMENT AGREEMENT (011994)
Notary P i for Oregon
My Commi io Expires:
STATE OF OREGON )
ss.
Geu tty of Jackson )
On the day of , 1994, personally
appeared before me t ve-named Dixie Youngs, and acknowledged
the signing of the foregoing lopment Agreement to be her
voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
ss.
County of Jackson )
On the �_ day of 4.P , 1994, personally
appeared before me the above-named ger Westensee, Mayor of the
City of Central Point, and acknowledged the signing of the
foregoing Development Agreement to be the voluntary act and deed
of the City of Central Point.
OFFICIAL SEAL
J.
NOTARYDPUBLICL- OREGON
COMMISSIONCOMMISSION NO. A009395
OMYCOMMISSIONEXPIRESNOV8,1995
8 - DEVELOPMENT AGREEMENT (011994)
Notary PupTic or Oregon
My Commission Expires:—IL-S--11-
8
xpires:/l-S- 1-