HomeMy WebLinkAboutSatisfaction Water Tap Fee Deferral - 2130 Boes AveCity of Central Point Oregon
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140 S 3rd Srroe4 Central PoIn4 4R 97502
541.664.3321 Fax 541.664.6384
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November 8, 2018
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W"pe� ChtlnWe Walker - Canty Clerk
SATISFACTION OF WATER FEE AND WATER TAP FEE DEFERRAL AND
INSTALLMENT AGREEMENT
For
2130 Bon Ave, Central 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
Property located at 2130 Bon Avenue, Central Point, Oregon
Recording Number 2017-002483
Reno di S Dat)f January 25, 2017
`S{evsrf Weber, Finance Director Di
City of Central Point
OFFICIAL STAMP
STATE OF OREGON ) DEANNA LEIGH CASEY
SS NOTARY PUBLIC -OREGON
COMMISSION NO. 950044
County of Jackson ) MY COM61ISSION DPIRES MAY 10. 20M
On the � day of Y- 2018, personally appeared before in,
the above named Steven Weber, and acknowledged the fore oing instrument to be the
voluntary act and deed of the City of Central Point, Otago
N/o'tary Public for' rr g
My Commission Expires: S 4 -0 --?A20
After recording return to:
City of Central Point
140 S. 3rd Street
Central Point, OR 97502
Jackson County Official Records 2017-002483
Rv4
Stn=O BARROWKL 0112612017 08:44:18 AM
$10.00 $20.00 $5.00 $4.00 $11.00 $25.00 $83.00
$8.00
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the Instrument ktentified herein was recorded In the Clerk
nu:ords. Christine Walker - County Clerk
CITY OF CENTRAL POINT
WATER FEE AND WATER TAP FEE
DEFERRAL AND INSTALLMENT AGREEMENT
This Agreement is between the City of Central Point ("City"), a municipal
corporation, and property owner Tv Sonnen and Sheri Sonnen, herein referred to as
("Owner").
RECITALS:
1. Whereas Owner currently owns property in Jackson County located at:
2130 Boes Ave
as follows:
Map No. 362W34D
Tax Lot 2130
Legal Description:
LEGAL DESCRIPTION:
Oregon more particularly described
Beginning at the Southwest comer 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 0' 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 Fee and
Water Tap Fee for a period of 36 -months, or until conveyance of the property
(whichever occurs first) and to make monthly installment payments on said
charge.
1 Water Fee Deferral & Installment Agreement - Sonnen
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 deferred City Water Fee and City Tap Fee is
paid in full.
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 Water Fee and Central Point
Tap Fee (collectively "Water Fees") in the total amount of $3,053.00, 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 Fees in
monthly installments as provided herein.
3. Owner agrees to pay the Water Fees in 36 monthly installments with interest at
the rate of nine percent (9%) per annum in the amount of $92`88 per month.
Owner understands and agrees this Water Fee deferral is for the stated time period
with the first monthly installment due on February 1. 2017.
4. Payments are due on the 1" 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 Fees 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. In consideration for this Agreement, Owner hereby expressly waives all
irregularities and defects, jurisdictional or otherwise, in the proceedings to assess
the fees on the property described herein.
7. 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 Fees, including interest,
costs and any reconnection fees.
8. 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.
2 Water Fee Deferral & Installment Agreement - Sonnen
9. 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 charges, and the assessment lien against the
property shall become immediately due and payable.
10. Upon any default as described in Section 9 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.
11. 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.
12. 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.
13. Owner certifies that Owner has read and understands all the terms of this
Agreement.
Dated this day of ,Qf1UOQA 201
J
ShP,ti S�n►�n TU Sanne� ��
Owner Owner
2130 Bc)eS IN6,, C.e,✓iVy Ojvl,�, Cz CMD02
Owner's address to which invoices are to be sent.
City of
Director
//G1
Dak /
Notary page follows
3 Water Fee Deferral & Installment Agreement - Sonnen
STATE OF OREGON )
) ss.
County of Jackson )
On the Cp day of ,2 , 2017, personally appeared before me the above
named Tv Sonnen and acknowledged the foregoing insU1 it }ent to be a voluntary act.
OFFICIAL STAMP
DEANNA LEIGH CASEY
NOTARY PUBLIC -OREGON
COMMISSION NO. 950044
IN COMIN3810N EXPIRES MAY 10, 2020
STATE OF OREGON )
) ss.
County of Jackson )
NoPublic for Oregon
My Commission Expires:
On the (e, day of-�gti 2017, personally appeared before me the above
named Sheri Sonnen and acknowledged the forego* instrument to be a voluntary act.
OFFICIAL STAMP
DEANNA LEIGH CASEY
NOTARY PUBLIC -OREGON
COMMISSION NO. 950044
NY COMSSION EXPIRES MAY 10. 2020
STATE OF OREGON )
) ss.
County of Jackson )
My Commission Expires: S LD�
On the (off day of -\� , 2017, personally appeared Steven Weber as Finance
Director for the City of Central Point.
AAilk OFFICIAL STAMP
DEANNA LEIGH CAGEY Notary Public for egon
NOTARY PUBLIC -OREGON _ 1 C)_ 2_6
COMMISSION NO. 950044 My Commission Expires:
IN COMMISSION EXPIRES ANY It 2010
4 Water Fee Deferral & Installment Agreement - Sonnen
CITY OF CENTRAL POINT
MEMORANDUM OF AGREEMENT
WATER FEE DEFERRAL AND INSTALLMENT
Name of Owner Ty Sonnen & Sheri Sonnen
Address 2130 Boes Ave, Central Point, OR 97502
Legal Description:
Amount to be Financed
Water Fees
Administration Fee
Recording Fee
See Installment Agreement
$2.950.00
25.00
78.00
TOTAL FINANCED: $3,053.00
Monthly Installment Amount: $92.88
PAYMENT PERIOD: 36 months, or upon conveyance of the property,
whichever occurs first.
FINANCE TERMS: The City agrees to defer collection of the Water Fee and Tap Fee.
The loan shall accrue simple fixed interest at 9% per annum from January 6, 2017.
Monthly installments are due on the l' 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.
-I r
Signed: �l Date: 1 0
Property Owner
Signed: �Gs/ �r — — Date: (— V
` —
P�per�Owner
City n o' t
Date: l��7
SteveryVeber
Finance Director
5 Water Fee Deferral & Installment Agreement - Sonnen