HomeMy WebLinkAboutSatisfaction DA - Jackson Creek 69-34832April 11, 2017
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CENTRAL
POINT
Jackson County Official Records 2017-012801
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I. Christine Welker, County Clerk for Jackson county, oraaon, car"
that the Instrument klantlaed heroin vas rocmdad in the Clark
Christine Walker - County Clerk
SATISFACTION OF DEVELOPMENT AGREEMENT
For
Jackson Creek Estates Subdivision, South End of Unit 7
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., Eastman S
and K Family Trust, Steve and Kathy Eastman, entered into on October 7, 1996.
City of Central Point, April 2017
Property located in the Jackson Creek Estates Subdivision, in the City of Central Point, Jackson County,
Oregon
Recording Number: 96-34832
Recording Date: October 17, 1996
94 IY-1*3
Matt Samitore Date
City of Central Point
STATE OF OREGON j
)ss.
County of Jackson )
On theIf1111
day of April, 2017, 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.
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NNkL CAMP Notary Public for Oregon
CYKfMA A W MM My Commission Expires: (01114,170NOTARY PUBIJCr=90111`1
COMMISeRm No. 90090?
W COISp010N E107iE0 A0E 01, 7010
96-34832
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AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT �I
STRIP OF LAND ON SOUTH END OF UNIT NO. 7
JACKSON CREEK ESTATES SUBDIVISION
CENTRAL POINT, OREGON
This agreement made by and between Tom Malot Construction
Co., Inc., hereafter referred to as "Developer", the Eastman S
and K Family Trust, UAD 8/94, Steve and Kathy Eastman, husband
and wife, Trustees, hereafter referred to as "Eastman Trust", and
the City of Central Point, Oregon, a municipal corporation,
hereafter referred to as "City".
Recitals
1. On February 27, 1996, Developer obtained tentative plan
approval from the City Planning Commission for Unit No. 7 of
Jackson Creek Estates Subdivision.
2. One of the conditions of such tentative plan approval
was that Developer dedicate a 10 -foot strip of land along the
south end of lots 222, 223, 224, 226, 227, 236 and 237 adjacent
to Beall Lane, such 10 -foot strip to be used for future widening
of Beall Lane.
3. If Developer were to dedicate the 10 -foot strip required
by the tentative plan approval, a block wall that Developer
proposes to build next to the existing street right-of-way for
Beall Lane would be located 10 feet inside the street right-of-
way, which would violate City's ordinance prohibiting any
structures in street rights-of-way.
4. The Eastman Trust owns Lot 237.
5. The parties wish to resolve the situation in a mutually -
agreeable manner.
Now, therefore, it is agreed as follows:
Aareement
1. Properties Affected. This agreement affects the
following parcels of real property:
Lots 222, 223, 224, 226, 227, 236, and 237 in Unit No.
7, 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. 7, JACKSON CREEK
ESTATES SUBDIVISION, CENTRAL POINT, OREGON (100396)
96-34832
All owners, future owners, heirs, successors and assigns of such
lots shall be bound by this agreement.
2. Dedication of 10 -foot Strias. The final plat for Unit
No. 7 of Jackson Creek Estates Subdivision has already been
filed, including the 10 -foot dedication. However, the 10 -foot
strip will be vacated. That way, the 10 -foot strip will remain
part of the subdivision; the block wall will then not be located
in the street right-of-way. Developer and the Eastman Trust
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 and the Eastman Trust specifically agree,
on their 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 the Eastman Trust 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 Strin to Remain Unencumbered,. Developer, and
the Eastman Trust, on their own behalf and on behalf of all
future owners of the affected parcels, hereby agree and covenant
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. Citv 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, and no compensation shall be paid to the
2 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT
STRIP OF LAND ON SOUTH END OF UNIT NO. 7, JACKSON CREEK
ESTATES SUBDIVISION, CENTRAL POINT, OREGON (100396)
96-34832
owners for any damages occasioned by such removal. By way of
example, any storage sheds, trees, shrubs, patios, fences,
gardens, underground sprinklers, and anything else whatsoever
that may be situated in the 10 -foot strip will be removed.
Everything will be removed, 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. The 10 -foot strip will simply be cleared 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 and the Eastman Trust'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 Aareement. Developer and the Eastman
Trust understand that this agreement has been prepared by Douglas
M. Engle, a lawyer representing City only. Developer and the
Eastmans acknowledge having had the opportunity to obtain benefit
of independent legal advice prior to executing this agreement.
Executed in triplicate this 1/v day of &,
1996, each party retaining an original.
Ciy o Central Point Tom Malot Cons
/truction /Co., Inc.
Mayor Rusty McGrath Thomas E. Malot, President
3 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT
STRIP OF LAND ON SOUTH END OF UNIT NO. 7, JACKSON CREEK
ESTATES SUBDIVISION, CENTRAL POINT, OREGON (100396)
96-34832
The Eastman S and K Family Trust, UAD 8/94
Steven L. Eastman, Trustee Katy . Eastman, Trustee
STATE OF OREGON )
) ss.
County of Jackson )
On the _7 day ofc�A6�s 1996, personally
appeared before me the above-named Rusty McGrath, 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.
[ISANDY JALOMMEL
NOTARY PUBLIC OREGON
COMMISSION NO. 048137 Notary Publ fo Oreg n
Mr COMMISSION F MnIRES NOV. 8, 1889 My Commission Expires: %
STATE OF OREGON )
) ss.
County of Jackson )
On the _g day of L&&A , , 1996, personally
appeared before me the above-named Thomas 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.
-----------------
JFFICIALSEAL
SANDY J LOMMEL
NOTARY PUBLIC OREGON Notary Pllb C OT Or gon
COMMISSION NO. 048137 y
MY COMMISSION EXPIRES NOV. 8, 1999 My COmmiss On xpires:
STATE OF OREGON
) ss.
County of Jackson )
On the 16 day of 1996, 1996, personally
appeared before me the above-named Steven L. Eastman, Trustee,
and acknowledged the foregoing instrument to be the voluntary act
and deed of the Eastman S and K Family Trust, UAD 8/94.
OFFICIALSEAL . O
SANDY J LOMMEL
NOTARY PUBLIC OREGON Y
Notar P ii for Oregon
COMMISSION NO. 048137
Ma COMM1!ISSWB E%FIRES NOV. 8, 1999 My Cemmi Slon Expires: //-,P-q9
4 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT
STRIP OF LAND ON SOUTH END OF UNIT NO. 7, JACKSON CREEK
ESTATES SUBDIVISION, CENTRAL POINT, OREGON (100396)
96-34832
STATE OF OREGON )
) ss.
County of Jackson )
On the 110 day of /lh-toL4 , , 1996, personally
appeared before me the above-named Kathy A. Eastman, Trustee, and
acknowledged the foregoing instrument to be the voluntary act and
deed of the Eastman S and K Family Trust, UAD 8/94.
OFFICIAL SEAL '
SANDYJLOMMEL Notary Pub] c fo Oregon
My Commission NOTARYPUBLIC OflEGON M CiE7 ires:
COMMISSION NO. 048137 p
MY COMMISSION E%PIKES MOV. R, 1999
. a&sofl COu11fy, Orew
Recorded
OFFICIAL RECORDS
OCT 1 7 1996
.nnty CbrK
5 - AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT
STRIP OF LAND ON SOUTH END OF UNIT NO. 7, JACKSON CREEK
ESTATES SUBDIVISION, CENTRAL POINT, OREGON (100396)
Jkl iY�k 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
southernmost 10 feet of land, adjacent to Beall Lane, in the
following -described parcels:
Lots 222, 223, 224, 226, 227, 236, and 237 in Unit No.
7, 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 off Central Point
By
Mayo Rusty McGrath
STATE OF OREGON )
) ss.
County of Jackson )
Tom Malot Construction Co., Inc.
Thomas E. Malot, President
On the —� day of5, 1996, personally
CT
appeared before me the above-named Rusty McGrath, 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.
OFFIC70REGON
L
SANDY MEL - o n
NOTARY PU/COMMISSI048737
MYCOMMISSIONE%PNIESNOY.6.1999 Notary Pu lc gor Oregon
' My Commishion Expires:
STATE OF OREGON )
ss.
County of Jackson )
On the e9 day of 1T Svc , 1996, personally
appeared before me the above-named Thomas 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.
----------------
SANDY JALOMMEL
NOTARY PUBLIC OREGON Notary P icyfor Oregon
COMMISSION NO.ESN 048137 M Commi Sio Expires:
MY COMMISSION EXPIRES NO0 8, 1 3 Y P
DEDICATION TO PUBLIC OF STREET AND UTILITY RIGHT-OF-WAY (092596)