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Home My WebLink AboutSatisfaction Development Agreement - 92-09180*November 1, 2016 Jackson County Official Records 2016-036143 R -RAG Sin=O BARROWKL 11/01/2016 03:38:14 PM $5.00 $a.00 $11 00 $10 00 $20.00 s5.00 $63.00 $4.00 I, Chrisdne Watker, County Clens ror Jackson County, Oregon, urbly that Me instrument Identified neral, wee recorded in the Clerk fecords. Chnstine Walker - County Clerk CENTRAL POINT SATISFACTION OF DEVELOPMENT AGREEMENT For Gary T. Whittle 372W11DB1300, 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 Gary T. Whittle entered into on March 24, 1992. City of Central Point, November 2016 Property located in the Township 37, Range 2W 11DB of the Willamette Meridian, Tax Lot 1300 Recording Number: 92-09180 Recording Date: April 2, 1992 Matt Samitore Date City of Central Point STATE OF OREGON ) )ss. County of Jackson ) On the /0 -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. Notary Publon ic OFFICIAL A WEEKS STAMP CYNTFNA My Commission Expires: 0(0/0(0/00 NOTARY PUBLIC -OREGON COMMISSION NO. 960992 W C019NSSION EMS JUNE 06, = 92-09180 a;1 � a°. o0 DEVELOPMENT AGREEMENT This agreement made this 24th day of March 1992, by and between the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City", and Gary T. Whittle, hereinafter referred to as "Developer". Recitals 1. Developer is the applicant for the minor partition of a 4.59 acre parcel of land located on Bursell Road, between Pittview Avenue and Libby Street in the southeast quadrant of the City of Central Point, Oregon, commonly known as Township 37, Range 2 West, Section 11DB, Tax Lot 1300. 2. In conjunction with the review of that minor partition application, City has determined that that part of Bursell Road fronting the subject property should be widened, with curb and gutter, sidewalk, storm drainage facilities, bikeway, street lighting and signing improvements made as well. 3. Developer agrees to make said improvements, but wants to wait until Parcel 2, the larger of the two new parcels created by the partition, is subdivided or otherwise developed. City is willing to wait, so long as a written agreement binding the owner or owners of Parcel 2 is in place. Now, therefore, the parties agree as follows: Agreement 1. Parcel 2 Described. The larger of the two parcels created by the minor partition, Parcel 2, consisting of approximately 185,000 square feet, is burdened by the terms of this agreement. Developer understands that this agreement will be recorded in the Jackson County land records. Parcel 2 is more fully described as follows: 1 - DEVELOPMENT AGREEMENT (031692) 92-09180 PARCEL 2 Commencing at a 2 inch iron pipe marking the Southwest corner of Lot 1, Pitt View Sundivision, in Jackson County, Oregon; thence North 0'04113" West, along the west line of said Lot, 164.74 feet to the southwest corner of Lot 2 of said Subdivision and the POINT OF BEGINNING; thence continuing North 0'(14113" West, along the West line of said lot, 63.46 feet; thence South 89'55108" East 118.80 feet; thence North 1017149" West 101.31 feet to the South line of the Amended Plat of Lots 3 to 10 Inclusive of Pitt View Subdivision thence South 89'55116" East, along the south line of said Amended Plat, 1102.50 feet to a 1/2 inch iron pipe; thence Continuing South 89'55116" East 0.91 Leet to the northeast corner of said Lot 2; thence South O'U41OU" East, alonq the east line of said.Lot 2 a distance of 164.78 feet to the southeast corner thereof; thence North 89'55108" West, along the south line of said Lot, 1220.03 feet to the POINT OF' BEGINNING. 2. Timing of Improvements. The improvements described herein shall be made at such time as subdivision or any other development of Parcel 2 occurs. Unless otherwise approved in writing by City, no building permits shall be issued for any structure on Parcel 2 unless Developer has first complied with the terms of this agreement. 3. Description of Improvements. The portion of Bursell Road adjacent to newly -created Parcel 1 and Parcel 2, which was Tax Lot 1300 before the partition, consisting of approximately 163 feet, is the area affected. The east side of Bursell Road shall be improved, according to all applicable city ordinances and public works standards for a 40 -foot wide collector street. Such improvements may include, as determined by City, but not necessarily be limited to, the following: Widening of the pavement by approximately 9 feet, including street subgrade and street paving; installation of curb, gutter and sidewalk; installation of storm drainage facilities; safety and transition improvements; bikeways, street lighting and signing. When Bursell Road is widened pursuant to this agreement, it shall be done so as to accommodate a future traffic volume of 5,000 vehicle trips per day in the new street section. Developer shall use such traffic volume plus a 10% truck traffic calculation for the section design. In addition, Developer shall use the requirements set forth by the Public Works Department for proper street light spacing and sizing, and the requirements of the Manual on Uniform Traffic Control Devices and Public Works Department for locations of signing. 2 - DEVELOPMENT AGREEMENT (031692) 92-09160 4. Removal of Mobile Home. The mobile home currently situated on Parcel 2 shall be removed prior to June 1, 1992. 5. Location of Structure on Parcel 2. The Meadow Creek Area Street Master Plan includes a street, Local Street No. 1E/W, through Parcel 2. No structure may be placed on Parcel 2 in the area designated for that street. 6. Notice on Deed to Parcel 2. The deed to Parcel 2, which land is more fully described above, shall contain the following notice: "NOTICE: THIS PROPERTY IS BURDENED BY THE TERMS OF A CONTRACT DATED March 24.1992 , BETWEEN GARY T. WHITTLE AND THE CITY OF CENTRAL POINT, OREGON, REGULATING THE USE OF THIS PROPERTY AND REQUIRING THE OWNER OF THIS PARCEL TO MAKE CERTAIN STREET IMPROVEMENTS TO BURSELL ROAD AT SUCH TIME AS THIS PROPERTY IS SUBDIVIDED OR OTHERWISE DEVELOPED. SUCH AGREEMENT IS BINDING ON ALL HEIRS, SUCCESSORS AND ASSIGNS OF GARY T. WHITTLE. A COPY OF SUCH CONTRACT MAY BE OBTAINED AT CENTRAL POINT CITY HALL, 155 S. SECOND STREET, CENTRAL POINT, OREGON." 7. Binding on Successors. The terms of this agreement are binding on the heirs, successors and assigns of both parties. 8. Attorney Fees. In the event either party institutes legal proceedings for the purpose of enforcing the within agreement or seeking damages for the breach hereof, 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. EXECUTED IN DUPLICATE, each party retaining an original. Developer: jin&1 V ZZ4V1— Gary T. Vtle 3 - DEVELOPMENT AGREEMENT (031692) City of Central Point: Rog Westensee, Mayor 92-09180 STATE OF OREGON ) ss. County of Jackson ) On the y�,P— day of , 1992, personally appeared before me the above-named Gary T. Whittle, and acknowledged the signing of the foregoing Development Agr to be his voluntary act and deed. �1? ........ 1a A n� o.• Notary Public for My Commission Expi STATE OF OREGON ) ss. County of Jackson ) g�,n s•e A +\ e On the A/- day of ) , 1992, personall appeared before me the above-named Roger Westensee, Mayor City of Central Point, and acknowledged the signing of t foregoing Development Agreement to be his voluntary act.`" o�iaroaJ 7 Notary Public for O My Commission Expir G. faw W% � OFFICIAL RECORDS /6 APR 2 1992 M► KATHLEEN S. BECKETT . K R �RDER 4 - DEVELOPMENT AGREEMENT (031692)