HomeMy WebLinkAboutSatisfaction SDC Deferral Agreement - 2130 Boes AveCity of Central Point, Oregon
140 S 3rd Street, Central Point OR 97502
541.664.3321 Fax 541.664.6384
www ci.eentnl-polrtt.or.us
November 8, 2018
Jackson County Official Records 2018-036792
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Mom. Chriane Walker - County Clerk
SATISFACTION OF WATER DEFERRAL SDC AND INSTALLMENT
AGREEMENT
For
2130 Boes Ave, Cental Point, Oregon
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 numbers of said records in the office of the County Clerk of Jackson
County, State of Oregon. Satisfaction of original Deferral and Installment Agreement
between the City of Central Point Ty Sonnen and Sheri Sonnen entered into on January 6,
2017
City of Central Point, November 8, 2018
Properly located at 2130 Bces Avenue, Central Point, Oregon
Recording Number 2017-002485
R _c C ate o nuary 25, 2017
Stevew*eber, Finance Director D
City of Central Point
OFFICIAL STAMP
STATE OF OREGON ) DEANNA LEIGM CASEY
NOTARY PUBLIC -OREGON
)as. COMMISSION NO. 950044
County of Jackson ) W COMMISSION Ewlars MAY 10, 2020
On the day of 2018, personally appeared before me
the above named Steven Weber, and acknowledged the fory�going instrument to be the
voluntary act and deed of the City of Central Point, On go-
Not////ary Public for OreLoy
My Commission Expires: S-10-2n2D
After Recodding reIInrn to:
City of Central Point
140 S. 3rd Street
Central Point OR 97508
Jackson County Official Records 2017-002485
Stn=O BARROWKL 01/2512017 08:44:18 AM
Stn
$11.00 $25.00 $8.00 $10.00 $20.00 $5.00 $83.00
$4.00
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the Inde Mnt 10enthled here n talks recorded In the Clerk
records. Christine Walker - County Clerk
CITY OF CENTRAL POINT
SYSTEM DEVELOPMENT CHARGE - WATER
DEFERRAL AND INSTALLMENT AGREEMENT
This Agreement is between the City of Central Point ("City"), a municipal corporation,
and property owner Tv Somien & Sheri Sonnen , herein referred to as ("Owner").
RECITALS:
Whereas Owner currently owns property in Jackson County located at:
2130 Boes Ave
Map No. 362W34D
Tax Lot 230
Legal Description:
LEGAL DESCRIPTION:
, Oregon more particularly described as follows:
Beginning at the Southwest corner of Lot 24 of the BIDES SUBDIVISION in Jackson County, Oregon,
according to the Official Plat thereof, now of record; thence North 890 59' 20" West, along the Westerly
projection of the North boundary of Boes Avenue, 212.50 feet; thence North Oct 03' 40" East 205.00 feet;
thence South 890 56' 20" East 212.50 feet to the Northwest corner of said Lot 24; thence South 00 03'
40" West, along the West boundary of said Lot, 205.00 feet to the true point of beginning. TOGETHER
WITH: An easment for ingress, egress and public utilities, including the terms and provisions thereof, as
set forth in instrument recorded in Document No. 71-11183, Official Records of Jackson County, Oregon.
2. Whereas Owner's property abuts a City waterline and Owner desires to connect to City
water.
3. Whereas, City is authorized to allow properties outside City limits to connect to City
water per C.P.M.C. 13.04.090.
4. Whereas Owner desires to defer payment of the Central Point Water System
Development Charge for a period of 36 -months, or until conveyance of the property
(whichever occurs first) and to make monthly installment payments on said charge.
5. Whereas Owner consents to City placing a lien on the above referenced property on the
City of Central Point Lien Docket, and/or to record such lien in the Official Records of
Jackson County and to include the cost of such recording in this assessment, until such
time that the System Development Charge is paid in full.
1 SDC Deferral & Installment Agreement - Sonnen
Now, therefore, Owner and City Agree as follows:
AGREEMENT:
1. The above recitals are incorporated into this Agreement by reference.
2. City agrees to defer collection of the Central Point Rater System Development Charge
("Water SDC") in the total amount of $1.655.00, including City's costs and City's
nonrefundable administration fee, for a period of 36 -months, subject to Owner's
agreement to pay such deferred Water SDC in monthly installments as provided herein.
3. Owner agrees to pay the Water SDC in 36 monthly installments with interest at the rate
of nine percent (9%) per annum in the amount of $50_35 per month. Owner understands
and agrees this SDC deferral is for the stated time period with the first monthly
installment due on February 1, 2017.
4. Payments are due on the 1st of each month, and are deemed delinquent if payment is not
received within 10 -days of the date on which payment was due. All payments shall be
applied first to accrued interest, and then to principal.
5. In the event that the property on which the Water SDC has been deferred is sold or
conveyed, the charges deferred shall become immediately due and payable to the City.
Sale or conveyance includes either actually selling, conveying or assigning any or all of
the property or any or all of the Owner's interest in property.
6. This Agreement is entered into in accordance with the provisions of ORS 223.205 — 314,
and City Ordinance and Code.
In consideration for this Agreement, Owner hereby expressly waives all irregularities and
defects, jurisdictional or otherwise, in the proceedings to assess this system development
charge on the property described herein. Owner further understands and agrees that
Owner has a right to contest the amount, and means of calculating the amount, as
provided by the City; however, by signing this Agreement, Owner waives those rights.
8. Owner further understands and agrees that failure to make monthly installments may
result in immediate termination and shut-off of City water to the property without further
notice to Owner or to the occupants. In such event, restoration of Water service will be
subject to payment of all Water SDCs, including interest, costs and any reconnection
fees.
9. Owner agrees that the obligation to pay the deferred amounts due under the terms of this
Agreement is personal to Owner and shall be a recordable lien on the property, which
shall run with the land until the deferred charges are paid in full. Owner affirms that
Owner has authority to consent to the imposition of such lien.
10. Any failure by Owner to pay any of the installments on the loan when due as provided in
this Agreement or any breach of any provision of this Agreement shall result in a default
of this Agreement. Upon default, the unpaid principal balance due, any accrued interest
2 SDC Deferral & Installment Agreement - Sonnen
charges, and the assessment lien against the property shall become immediately due and
payable.
11. Upon any default as described in Section 10 above, the City may foreclose on Owner's
property in any manner provided by Central Point Municipal Code or state law to collect
the outstanding balance of the lien on the property.
12. If it becomes necessary for the City to collect on this Agreement, the Owner agrees to
pay all costs of such collection, regardless of whether a suit or action is filed. If an action
is filed to collect the balance due on this Agreement or to foreclose the lien securing the
loan, the losing party agrees to pay all costs plus whatever sum the court shall award to
the prevailing party as reasonable attorney fees. In the event of any appeal, the losing
party agrees to pay all costs plus reasonable attorney's fees of the prevailing party.
13. This Agreement shall be recorded in the Official Records of Jackson County, and which
shall run with the land and be binding on Owner's heirs, personal representative,
successors and assigns.
14. Owner certifies that Owner has read and understands all the terms of this Agreement.
Dated this k_ day of S(Arl"AN 2017.
i
0 eC C�
Owner's address to which invoices are to be sent.
City of Cen nt
Swven�dGeber
Finance Director
Date
Owner
Notary page follows
3 SDC Deferral & Installment Agreement - Sonnen
STATE OF OREGON )
) ss.
County of Jackson )
On the Co day of 5oiw(3 2017, personally appeared before
Tv Sonnen and acknowledged thd foregoing instrument to be a voltT,
OFFICIAL STAMP
DEANNA LEIGH CASEY
NOTARY PUBLIC -OREGON
COMMISSION NO. 960044
IN COMWSSION EXPIRES MAY I% 2070
STATE OF OREGON )
) ss.
County of Jackson )
Public fd regon
dify Commission Expires:
above named
14
S-It)?b
On the CD day of 2017, , 2017, personally eared before me the above named
Sheri Sonnen and acknowledged the foregoing ins e t to be a voluntary act.
OFFICIAL STAMP ,p �i�ICI
DEANNA LEN3H CASEY
NOTARY PUBLIC -OREGON Notary Public for�regon
COMMISSION NC 950044 My Commission Expires:
YY COMMISSION D{NRES MAY It 2020
STATE OF OREGON )
) ss.
County of Jackson )
On the 10 day of �nuAry 2017, personally appe ed Steven Weber as Finance Director
for the City of Central Point.
ACNAN OFFICIAL STAMP
DEANNA LEIGH CASEY Notary Public for Oregon /W/
NOTARY PUBLIC -OREGON M Commission Ex fires: ` G (�
COMMISSION NO. 960044 Y p
MY COMMISSION SHO MAY 10, 2070
4 SDC Deferral & Installment Agreement - Sonnen
CITY OF CENTRAL POINT
MEMORANDUM OF AGREEMENT
WATER SYSTEM DEVELOPMENT CHARGE
DEFERRAL AND INSTALLMENT
Name of Owner Ty Sonnen and Sheri Sonnen
Address 2130 Boes Ave, Central Point OR 97502
Legal Description:
Amount to be Financed
Water SDC
Administration Fee
Recording Fee
See Installment Agreement
$1,552.00
25.00
78.00
TOTAL FINANCED: $1,655.00
Monthly Installment Amount: $50.35
DEFERRED PAYMENT PERIOD: 36 months, or upon conveyance of the property,
whichever occurs first.
FINANCE TERMS: The City agrees to defer collection of the Water System Development
Charge. The loan shall accrue simple fixed interest at 9% per annum from January 6, 2017.
Monthly installments are due on the I" of each successive month. In the event the property is
conveyed, the deferred amount shall become immediately due and payable, including principal
and interest.
I hereby expressly waive all irregularities and defects, jurisdictional or otherwise, in the
proceedings to calculate and assess this System Development Charge on the property described
herein. �J
Signed:Date: — -
P7111{ wner t
Signed: 5 V QAA� Date: 1 �D
Property Owner
City o tr �r
! e Date: t /e/7
Steven Weber
Finance Director
5 SDC Deferral & Installment Agreement - Sonnen