HomeMy WebLinkAboutSatisfaction Water Tap Fee Deferral - 2242 Scenic Ave - 2017-014131City of Central Point, Oregon
140 S 3rd Street. Central Point. OR 97502
541.664.3321 Fax 541.664.6384
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September 24, 2018
Jackson County Oficial Records 2018-029682
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Chnsane Walker - County Clerk
SATISFACTION OF 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: 2017-014131
Recording Date: 04/27/2017 �y
Stev Weber D_die
City of Central Point Finance Director
STATE OF OREGON )
)as.
County of Jackson )
On the aq4k day of September, 2018, personally appeared before me the above named, Steven
Weber, and acknowledged the foregoing instrument to be the v tary actd deed of the City
of Central Point.
j OFFICIAL STAMP Notary Public for 04n
IDEANNA LEIGH CASEY
NOTARY PUBLIC -OREGON My Commission Expires: glavl/8
COMMISSION NO. 950044
W COMMISSION MRES MAY 10, 2020
After recording return to:
City of Central Point
140 S. 3rd Street
Central Point OR 97502
Jackson County Oficial Records 2017-014131
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1, chnstlne Walker, county Clerk for Jackson county, Oregon, cerdty
Ma[ ve astruuenl Idetlaed h"n gas recorded In the Clark
reeards. 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 Erin Sm i herein referred to as ("Owner").
RECITALS:
1. Whereas Owner currently owns property in Jackson County located at:
2242 Scenic Ave
described as follows:
Map No. 362W34C
Tax Lot 2300
Legal Description:
. Oregon more particularly
Coseeneing at the Southeast corner of Donation Land
Claim No. 58 in Township 36 South, Range 2 Meet,
Nillasmtts Meridian, Jaokson County, oregoa; thence
Nest along the South line of said D.L.C. 54 176.15
feet for the Point of beginning;
thence continuing Ment 1362.31 feet;
thence Worth 36.93 feet;
thence East 1362.31 feet;
thence South 36.93 feet to the point of beginning,
containing 1.15 Acres mere or less.
1 Water Fee Deferral & histaltment Agreement - Sonnen
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.
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 June 1, 2017.
4. Payments are due on the 1 s` 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.
2 Water Fee Deferral & Installment Agreement - Sonnen
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.
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 _2Jdayof 20�
Owner Owner
0;? -L4 2- 5 cc c/I r L 14-u c
Owner' ddres hich invoices are to be sent.
Finap6e Director Steven Weber
3 Water Fee Deferral & Installment Agreement - Sonnen
CcD - ()vz C( >f �a—
y�154
Dafe /
STATE OF OREGON )
) ss.
County of Jackson )
On the as day of 2017, personally appeared before me the above
named Erin Smith and acknow edged the foregoin yttrument to be a voluntary act.
OFFICIAL STAMP
DEANNA LEN�FI CASEY Notary Public for Oregon
NOTARY PUI N:�OREOON My Commission Expires: S U
COMMISSION NO. 960044
W CONYIMON E10 W MAY 10. 5010
STATE OF OREGON )
) ss.
County of Jackson )
On the day of 2017, personally appeared Steven Weber as Finance
Director for the City of Centr Ao�nt.
OFFICIAL STAN
DEANNA LEIGH CASEY
NOTARY PUBLIC -OREGON
COMMISSION NO. 950044
W COW6111011 ENPNIEB WY It =
i�, C
�La
Notary Public for Oregon
My Commission Expires: S
4 Water Fee Deferral & Installment Agreement - Sonnen
CITY OF CENTRAL POINT
MEMORANDUM OF AGREEMENT
WATER FEE DEFERRAL AND INSTALLMENT
Name of Owner Erin Smith
Address 2242 Scenic 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
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 Fee and Tap Fee.
The loan shall accrue simple fixed interest at 9% per annum from April 25, 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 irr"egguulariitties and defects, juri/sdictional or otherwise.
Signed: lii/1(/I V Date: �f I?Proper Owkef
Signed: Date:
---pGoperty Owner
City of Central P ' t
Date:
Sten Weber
Finance Director
5 Water Fee Deferral & Installment Agreement - Sonnen