HomeMy WebLinkAboutSatisfaction SDC Deferral Agreement - 2242 Scenic Ave 2017-014130_ City of Central Point, Oregon
140 S 3rd Scram Central Point OR 97502
541.664.3321 Fax 541.664.6384
www.cernm1pointomZiNi aov
September 24, 2018
Jackson County Oftial Records 2018_029681
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area ib Instrument IbntlME armin os rKwdial In N, Clark
w"ps' Christina walker -County Clerk
SATISFACTION OF WATER DEFERRAL AND INSTALLMENT AGREEMENT
For
Erin Smith, 2242 Scenic Ave Central Point OR 97502
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 Deferral and Installment Agreement between the City of Central
Point and Erin Smith entered into on April 17, 2017.
City of Central Point, September 2018
2242 Scenic Ave, Central Point OR 97502
Recording Number: 2017-014130
Recording Date: 017
SteveAeber D e
City of Central Point Finance Director
STATE OF OREGON )
)ss.
County of Jackson )
On the .may of September, 2018, personally appeared befo a the above named, Steven
Weber, and acknowledged the foregoing instrument to be the v on act an deed of the City
of Central Point.
OFFICIAL LH SSTTAMP Notary Public for Or n
OEANrFICASEY
NOTARY PUBLIC -OREGON My Commission Expires: S-tvQWb
COMMISSION NO. 950044
W COMMISSION EWRES MAf f0, 2020
After recording return to:
City of Central Point
140 S. 3" Street
Central Point OR 97502
Jackson County Official Records 2017-014130
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$11.00 $20.00 $8.00 $10.00 $20.00 $5.00 $78.00
$4.00
I, CHH. Walker, County Clerk ler Jackson County, Oregon, vertRy
that Cm Instrument Idenefled Wain was recorded In the Clark
ta```ds. 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 Erin Smith . herein referred to as ("Owner'l.
RECITALS:
I. Whereas Owner currently owns property in Jackson County located at:
2242 Scenic Ave
follows:
Map No. 362W34C
Tax Lot 2300
Legal Description:
Oregon more particularly described as
Commencing at the southeast corner of Donation Land
Claim No. 58 in Township 36 south, ganga 2 Nest,
Willamette Meridian, Jackson County, Oregon; thence
West along the Booth line of said D.L.C. 58, 176.15
feet for the point of beginning;
thence continuing West 1362.31 feet;
thence North 36.93 feet;
thence East 1362.31 feet;
thence south 36.93 feet to the paint of begimings
Containing 1.15 Acres more or lose.
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.
1 SDC Deferral & Installment Agreement - Sonnen
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.
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 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 June 1, 2017.
4. Payments are due on the 151 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.
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 farther
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.
2 SDC Deferral & Installment Agreement - Sonnen
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
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 a5 day of I� 2017.
/ t, ^i VXL�o1 v4r/-11
O er J
Owner
SU(/)c (- 6-vt
Owner's address to which invoices are to be sent.
City of Central Point
t
eSte n We
Finance Director
Date
Notary page follows
3 SDC Deferral & Installment Agreement - Sonnen
STATE OF OREGON )
) ss.
County of Jackson )
On the r,541-- day of A, 2017, personally appeared before me the above named
Erin Smith and acknowledged the foregoing instrum t to be a voluntary act.
AaEilk D ANNA LL0ICIAL3H CASEY Notary Public for Oregon
NOTARY PUBLIC
COMMISSION NO. 960044.OREOON My Commission Expires:
W COMMISSION E)FM MAY 10.1010
STATE OF OREGON )
) ss.
County of Jackson )
On the&54 day of WLI 2017, personally appeared Steven Weber as Finance Director
for the City of Central Point.
OFFICIAL STAMP
DEAHM LEIGH CASEY
NOTARY PUBLIC -OREGON
COMMISSION NO. 960044
W COMMISSION E>OIRES MAY 10.1000
4 SDC Deferral & Installment Agreement - Sonnen
Notary Public for Oregon V
My Commission Expires: 'C -W -2d
CITY OF CENTRAL POINT
MEMORANDUM OF AGREEMENT
WATER SYSTEM DEVELOPMENT CHARGE
DEFERRAL AND INSTALLMENT
Name of Owner Erin Smith
Address 2242 Scenic 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
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 Anril 25, 2017.
Monthly installments are due on the 1'` 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.
Signed: Y lx4 V' V Date:
Property OwneiJ
Signed: Date:
Property Owner
City of entral P nt
Date:
Stn Weber
Finance Director
5 SDC Deferral & Installment Agreement - Sonnen