HomeMy WebLinkAboutSatisfaction DA - Bluebird Heights - 97-11466*April 11, 2017
AX
CENTRAL
POINT
Jackson County Official Records 2017-012799
R -RAG
Stn=O MORGANSS 04117/2017 11:08:29 AM
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$11.00
I, Chnlanno Winter, County Clark for Jackson County, Oregon, calory
that tno hMUlMnant laanufled namn con recorded In Ma Clank
Christine Welker - County Clerk
SATISFACTION OF DEVELOPMENT AGREEMENT
For
372WO2BC1101, 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 Charles D Freel, Jeanne M Freel, and
Kathleen L McKenzie, entered into on January 17, 1997.
City of Central Point, April 2017
Property located in the Township 37, Range 2W Section 02BC of the Willamette Meridian, Tax Lot 1101,
City of Central Point, Jackson County, Oregon.
Recording Number: 97-11466
Recording Date: April 7, 1997
Matt Samltore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
Date
On the &0jay 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.
AMP
C
OFFICIAL
ff M A�WE1M
NOTARY PUBLIC-ON[OON
COMMISSION NO. 911111111M
W 00111111111111111110111 OFM AME It 1010
Notary Public for Oregon
My Commission Expires: tolU1.16
DEVELOPMENT AGREEMENT,
a
This agreement, made and entered into this 17 day of January
19 97 , by and between the CITY OF CENTRAL POINT, OREGON, an Oregon
municipal corporation, hereinafter referred to as "City", and CHARLES DAVID FREEL,
as Trustee of the Charles D. Freel Trust, dated 3/8/96; JEANNE M. FREEL, as Trustee
of the Jeanne M. Freel Trust, dated 3/8/96; and KATHLEEN L. MCKENZIE, as Trustee
of the Kathleen L. McKenzie Family Trust, dated 7/21/93, hereafter referred to as
"Developer".
RECITALS
1. Developer has previously been granted tentative plan approval by city for
Bluebird Heights Subdivision as set forth in the Planning Commission resolution
approving said project, which approval is subject to certain conditions.
2. Developer has now applied to City for final plat approval for said
development.
3. Before final plat approval can be granted, 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. Propertv Affected. This agreement affects 37-2W-02BC Tax Lot 1101
and Tax Lot 1500 in the City of Central Point, Jackson County, Oregon, according to
the official plat thereof. This agreement shall be recorded, and is intended to attach to,
and shall run with the land. In addition, all subsequent purchasers and developer's
heirs, successors and assigns shall be bound by this agreement.
2. Construction. Developer shall construct or cause to be constructed, at
Developer's own expense, the improvements, described in and in compliance with, the
following:
A. The tentative plan previously approved for the project, including all
conditions placed on such tentative plan approval;
B. The Central Point Planning Commission resolution approving the
tentative plan, including all conditions contained in such approval;
-1-DEVELOPMENT AGREEMENT
3'7—"A1 466
C. All construction plans and specifications;
D. Terms and conditions contained in the City's Public Work Standards;
E. Terms and conditions contained in the Construction Permit;
F. All terms and conditions set forth herein; and
G. Any applicable provisions of the Central Point Municipal Code.
3. Securitv for Performance. In. connection with this agreement, Developer
shall also submit to City, to assure their 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:
letter of credit
The sum agreed to secure Developer's performance hereunder is $162,000.00,
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 completed each and
every obligation contained hereimwithin 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 is be by surety bond, cash deposit or letter of
credit.
5. Remedies for 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. Insaection of Work. Developer shall provide access to City to conduct
inspections, including, but not limited to, the following:
A. Inspection and testing of all storm drainage, sanitary sewer pipe, water
pipe and fire hydrants;
B. TV inspection of all sanitary sewer and storm drainage pipes;
-2-DEVELOPMENT AGREEMENT
9'7-11466
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; and
H. Inspection of other construction within public right of way or easement
dedicated or to be dedicated.
7. Costs of Administration and Insoection. 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 Developers'
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 contractor 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;
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; and
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 Comoleted Work. Upon completion of the improvements
in full compliance with the tentative plan previously approved for the project, all
-3-DEVELOPMENT AGREEMENT
ll A hc)
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 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 and issue a written document for
recording certifying Developer's satisfactorycompletion of the work.
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 Occuaancv 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:
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 shall assume all responsibility for any additional or corrective work
that may be necessary to the improvements, so 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. No Certificate of Occupancy will be issued by City until final completion,
approval and acceptance of the improvements by the City, in accordance with the
entire Development Agreement.
-4-DEVELOPMENT AGREEMENT
97-11466
e. 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
agreed 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 set. This provision shall not apply to Lots 2 and 3 as they are already pre-
existing residences which are occupied.
f. 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. This provision shall not apply to Lots 2 and 3 as they are already pre-
existing residences which are occupied.
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, deletions on the
plans and specifications for the improvements or the construction thereof and shall
indemnify the same against such liability or responsibility. Developer or Developer's
Contractor shall obtain and maintain a policy of liability insurance coverage with policy
limits in the sum of not less than 1 million dollars combined single limit, naming City
and its duly elected and appointed officials, employees, agents and assigns, as insured
parties thereon during the construction phase.
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 recovery attorney fees and costs incurred at trial and on appeal in
reasonable sums to be determined by the respective courts.
13. Grantinq Final Plat Aoproval. It is understood by the parties that upon
execution of this agreement and related documents, City will issue final plat approval.
-5-DEVELOPMENT AGREEMENT
97-1146f;
EXECUTED IN DUPLICATE, each party retaining an original.
CITY OF CENTRAL POINT, OREGON
BY: MAYOR
Yt,:,(A�'CA�, 60-W,q
AUTHORIZED REPRESENTATIVE
STATE OF OREGON )
) ss.
County of Jackson )
DEVELOPER
CHARLES DAVID FREEL, AS
TRUSTEE OF THE CHARLES D.
FREEL TRUST,
DATED 3/8/96
JEANNE M. FREEL, AS TRUSTEE OF
J
THE JEAN M. FREEL TRUST,
DATED X�3///8/96 �y---
KATHLEEN L. MCKENZIE, ASS
TRUSTEE OF THE KATHLEEN L.
MCKENZIE FAMILY TRUST, DATED
7/21/93
Personally appeared CHARLES DAVID FREEL as Trustee of the Charles D.
Freel Trust, and acknowledged the foregoing to be his voluntary act and deed. Before
me: /J X,
OFFICIAL SEAL
CAROL SARTAIN
NOTARY PUBLIC -OREGON
COMMISSION NO. 055269
MY COMMISSION EXPIRES SEPT. 22, 2000
STATE OF OREGON )
) ss.
County of Jackson )
ary Public for Oregon
Commission Expires: 9/22/2000
Personally appeared JEANNE M. FREEL, as Trustee of the Jeanne M. Freel
Trust, and acknowledged the foregoing to be her voluntary act and deed. Before me:
OFFICIAL SEAL
CAROL SARTAIN
NOTARY PUBLIC -OREGON Notary Public for Oregon
COMMISSION NO. 055269 My Commission Expires: 9/22/2000
LOMMISSION EXPIRES SEPT. 22, 2000
-6-DEVELOPMENT AGREEMENT
STATE OF OREGON
County of Jackson
Personally appeared KATHLEEN L. MCKENZIE, as Trustee of the Kathleen L.
McKenzie Family Trust, and acknowledged the foregoing to be her voluntary act and
deed. Before me:
;IAL SEAL
R.IiOL SARTAIN
NOTARY PUBLIC -OREGON
COMMISSION NO. 055269
MY COAIMISSION EXPIRES SEPT. 22, 2000
STATE OF OREGON )
County -of Jackson )
Notary Public for Oregon
My*Commission Expires: 9/22/2000
Personally appeared RUSTY MCGRATH as Mayor of the City of Central Point,
Oregon, and acknowledged the foregoing to be his voluntary act and deed: Before me:
OFFICIAL SEAL �?
K. ROCHELLECHELLE SIRIANNI
NOTARY PUBLIC - OREGON
COMMISSION NO.0360A1
MY COMMISSION EXPIRES AUG. 07, 1998
-7-DEVELOPMENT AGREEMENT
Notary Public for Oregh
My Commission Expires: 7—�/�
97-11466 r)FSCRr t'tON SHE_T
The land cefcucd to in this mport/policy is situated in the State of Oregon, County of Jackson and is
dumbed as follows:
PARCEL, 1:37 South, Range =
Commencing at the Southwest comer of Donation Land Qaim'No. 55 in Township
West of the lydlamcue Meridian, Ja Y nn County, Oregon; boundhenceary
of Parcel No. 1. per Partition Noorth W 21. lov West along .
Westerly line of said Claim. 1062 68 feet to a point m the boundary
R -9g-1993, recorded the, 15th day of November, 1993 in 'Record of Partition Plats" in ]ackscthe we paint of beginning mg
oreaid gon, spoint being marked with a 518 Inch Iron pin for
the boundary of said Parcel No. 1, South 48' 46' 20" West, 253.44 feet to a point on the Nor North 48
line of Tenth Street; thence North 42° 15' 20" West along said Northerly line 16.88 feel; then= Of
54' 10' Fast, 130.01 feet; thence North 42° 15' 20' West, 175.56 feet to a point on the Soatbrdy the u
(]yeuy Strut then= North 48' 12' 40' cast along said Southerly line 186.18 feet; thence along
of a 20.00St foot radios North
onvto the right (the long chord to which bcar. North 73° 12' �2" Fast, 16.90 feel)
an are distance cd 17.45 feet thence along the arc of a 50.00 foot radius curve to tto aeh (the long chord
to which bear: North 63° 53' SS" East, 56.36 feet) an arc distance of 59.53 feet to a 518 inch "urn pin;
thence along the art of an 82.50 foot radius curve to the right (the long .held to which be
North 59°
43'33' EaS4 8284 feet) an arc distance of 86.78 feet to a 518 inch iron pin; thence N � ace leaving
54.46 feet to a 518 inch iron pin; thence South 45 00' 10 Fast 468.79 feet
boundary. South 448 59' 50" West, 4.96 feet; thence along the arc of a 42.50 foot radius curve to the tight
(the long chord to which bears South 28° 41' 27' Fast, 23.87 feet) an are distance of 24.20 feet thence-
along
hencealong the arc of a'77.50 foot radius curve to the left (the long chord to which bears South 281 41' 27'
Fart, 4353 feet) an are distance of 44.13 feet; hence along the arc of a 5250 foot radius curve to the
right (the long chord to which beam South 38' 47' 34' East, 11.36 feet) an arc distance of 11.38 feet
thence West 274.76 feet to a point on the aforementioned boundary of Parcel No. 1; then= along raid
boundary North 42° 15' 00' West, 208.12 feet; thence South 83' 02 50' West, 6281 feat to the point of
beginning.
PARCEL. 2: - .
TRACT A:
A tract of land situated in the Southwest Quarto of Section 2 Donation Land Claim No. fully Township
37 South, Range 2 Wcst, 1Villamctte Meridian, Jackson County, Oregon, and being more fully 37d Sonbth
as follow. Contmcnran I at the Southwest earner of Donation Land Qaim No. 55, Township ,
Range 2 Weft mlamerie Meridian, Jaclyn County, Oregon; thence North CO' 24' West, along the West
; thence
boundary of said claim, 806$4 feet, to a 1-1/4 inch iron pipe for etre true point Ti[hbeofg ngot Tenth
Sonde 71° 15' West, 90.07 feet to a 314 inch iron pipe, situated on the Nortbcastal ya g North 4 ° 17' 45"
way
Street. Qty of Central Point, Jackson County, Oregon; thcnrr along said right y, of wpy, North 65' 48' Fmt
West, 97.18 feat to a 518 inch x 24 inch iron pin; thence leaving said tight
171.93 feet to a 518 inch x 24 inch iron Pm; thence Nom 73° 03' 05" East 15630 feet to a 518 inch x
the most
24 inch iron pin; thence South 42' 17' 45" East, 109.63 feet to :dy oof that unci
described m Volume 339, Page 106, Incl -Son County, Oregon, Decd Records; ttseehenen South
71° 15' Wit
r .
24228 fat to the point Of beginning.
Parcel 2 contlnned ... .
LEGAL DFSCR1PT10N OONTINLMD
.a.
LEGAL DESCRIPTION CONTINUED
Parcel 2 continued ....
TRACT B:
A tract of land situated n the Soothwcst Quarter of Scctinn 2 Donation
ono, andd Claint No.
fully55, Township
desrnbed as
37 South, Range 2 West, Willamette Merid""" Jackson County. g
follows: Cotnrocncing at the Southwest comet of Donation land Claim No. 55, Township 37 South,
Range 2 West Willamette Meridiem, Jaclaon Counry, Oregon; thcuce Norah 000 24' West, il®g the West
boundary of said claim. 806$4 feet to a 1=114 inch iron Pipe; thence Soutb 71' 15' West, 90 07 feet to
a un inch iron pipe situamd on the Northwslerly right of way of Tenth SUM% City of Central Point,
97.18 fccl. to the true
Jackson CounrY, Oregon; thence along said right of way. North 42' 17' 45" West. west, 61.79 feet, to a
point of begirtui= thence continuing along said right of way. North 42 IT 456 feet (rrcotd North 4$°
518 inch iron pin; thence leaving said right of way. North 48° 43 30" Tact of said Donation Land
4^3�' 30' Fssl 253.42 fret) to a 5B inch iron Pro, situated on the West boundary
QSjM and beats North 00' 24' West 1062.69 feet from the Southwest carver on pin; thence South
00' Fest, 62.81 feet; thence South 42° 1T 45" East, 141.30 feet, to a SB inch iron p
03' 05' West, 15630 feet to a SB inch x 24 inch iron pin; thence South 65° 48' West, 171.93 fcet to the
true point of beginning.
1ockson County, Orae"',
Recorded
OFFICIAL RECORDS
APR 0 7 1991
County Clerk