HomeMy WebLinkAboutResolution 311 - Klimek Partition - Final
PLANNING COMMISSION RESOLUTION NO. 3.1L
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR A
LAND PARTITION
(Applicant: Richard W, Klimek}
(37 2W 11D Tax Lat 400)
Recitals
1, Applicant has previously received tentative plan approval and
has now submitted an application for final plat approval for a land
partition located an Pittview Avenue in the City of Central Point,
Oregon.
2. On December 20, 1994, the Planning Commission of the City of
Central Point reviewed said application far final plat approval.
Now, therefore,
BE TT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section ].. The Planning Commission finds and determines that the
final plat is in substantial conformance with the approved tentative
plan. The tentative plan approval was conditioned on the construction
of certain improvements. Construction of those improvements has not
been completed, but the applicant has agreed to enter into a
"Development Agreement", a copy of which is attached hereto and by
this reference incorporated herein.
Section 2. Approval is hereby granted to the final plat
submitted herein, subject to applicant's performance under the terms
of the Development Agreement attached hereto. The Chairman of the
Planning Commission is hereby authorized and directed to sign the
final plat on behalf of the City.
Passed by the Planning Commission and signed by me in
authentication of its passage this ~~ day of ~~,
19931
Planning Commission Chairman
ATTEST:
City Repres ative
Approved by me this ,S day of , 199 ~
Planning Commission Chairman
1 - PLANNING COMMISSION RESOLUTION NO. ~(/ (120794)
DEVELOPMENT AGREEMENT
(Richard W. Klimek)
This agreement, made and entered into this _~ day of
~ , 199 , by and betweezz the City of Central
Poi t, Oregon, an Oregon municipal corporation, hereinafter
referred to as "City", and Richard W. Klimek, hereafter referred
to as "Developer".
Recitals
1. Developer has previously been granted tentative plan
approval by City for a land partition on Pittview Avenue as set
forth in Planning Commission Resolution No. 305, 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 obtained, Central
Point Municipal Cnde 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. PROPERTY AFFECTED. This agreement affects Lot 22 of the
Amended Plat of Pittview Subdivision in Donation Land Claim No.
58, in the southeast quarter of Section 12, Township 37 South,
Range 2 West, of the Willamette Meridian, in the City of Central
Paint, 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. 1n 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 far the project,
including all conditions placed on such tentative plan approval;
B. Central Point Planning Commission Resolution No. 3b5,
dated October 25, 1994;
1 -- DEVELOPMENT AGREEMENT (Q10595)
C. A11 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. FIRE SUPPRESSION SYSTEM ON PARCEL NO. 1. The City`s
Public Safety-Fire Protection Standards require that a fire
hydrant be placed within 300 feet of all parcels, but presently,
there is no fire hydrant within 300 feet of parcel 1, which is
the flag lot parcel on the southern-most end of the described
property. To meet City fire-protection standards, Developer has
a choice between (1) installing a fire hydrant within 300 feet of
Parcel No. 1; or (2) installing a fire suppression sprinkling
system on any buildings constructed on Parcel No. 1.
No building permit shall be issued for any structure on
Parcel No. 1 unless either a fire hydrant or a fire-suppression
sprinkling system is installed. Whatever system is used, it must
conform with all applicable City standards and regulations.
THE PRIMARY PURPOSE FOR INCLUDING THIS PROVISION IN THIS
DEVELOPMENT AGREEMENT IS TO FUT PROSPECTIVE PURCHASERS OF PARCEL
N0. Z ON NOTICE THAT THEY MAY BE REQUIRED TO INSTALL A FIRE
HYDRANT OR A FIRE-SUPPRESSION SPRINKLING SYSTEM IN CONNECTION
WITH THE CONSTRUCTION OF ANY STRUCTURE ON PARCEL NO. 1.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete
each and every obligation contained herein prior to issuance of a
Certificate of Occupancy for any structure on Parcel 2, prior to
any land partition or subdivision of Parcel 1, and prior to
issuance of any building permit for any structure on Parcel 1.
5. INSPECTION 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. T.V. inspection of all sanitary sewer and starm
drainage pipes;
2 - DEVELOPMENT AGREEMENT (010595)
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;
h. Inspection of other construction within public right
of way or easement dedicated or to be dedicated.
6. COSTS OF ADMINISTRATION AND INSPECTION. Developer
agrees to pay City for the casts 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 Paint Municipal Cade, 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 far 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 ar
any jurisdictional, governmental, ar utility entity with
information on existing conditions, facilities, and capital
improvements required.
d. Reviewing all construction drawings, engineering or
specifications for the construction af, or modification to the
construction of, the improvements.
e. Reviewing existing as-built information to assist in
determining the location of existing facilities.
3 - DEVELOPMENT AGREEMENT (010595)
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.
7. ACCEPTANCE OF COMPLETED WORK. ilpon completion of the
improvements in full compliance with the tentative plan
previously approved for the project, all 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 set
forth herein and any applicable provisions of the Central Point
Municipal Cade, the Public works Director, nr his designee, sha11
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 band, cash deposit or
Letter of credit pasted by Developer.
8. 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.
9. 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, or deletions
on the plans and specifications for the improvements or the
construction thereof, and shall indemnify the same against any
such liability or responsibility. Developer shall obtain and
maintain a policy of liability insurance coverage with policy
limits in the sum of not less than one million dollars
($1,000,000.00) combined single limit, naming City and its duly
elected and appointed officials, employees, agents and assigns,
as insured parties therein.
10. MISCELLANEOUS PROVISIONS. This agreement contains the
entire agreement to which it relates and supersedes any prior
written or verbal agreements or representations; this agreement
4 - DEVELOPMENT AGREEMENT (010595)
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 cast 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 recover attorney fees and
costs incurred at trial and on appeal in reasonable sums to be
determined by the respective courts.
11. GRANTING FINAL PLAT APPROVAL. It is understood by the
parties that upon execution of this agreement and related
documents, City will issue final plat approval.
12. NOTICE ON DEEDS TO PARCELS 1 AND 2. The deeds to
Parcels 1 and 2 shall be prepared so as to contain the following
notice:
"NOTICE: THIS PROPERTY IS BURDENED BY THE TERMS OF A
CONTRACT DATED ~~ ~~ /qg~' , BETWEEN RICHARD
W. KLIMEK AND TH CTTY OF CENTRAL POINT, OREGON,
REGULATING THE USE OF THIS PROPERTY. SPECIFICALLY, NO
CERTIFICATE OF OCCUPANCY SHALL BE ISSUED FOR PARCEL 2,
NO LAND PARTITION OR OTHER SUBDIVISION OF PARCEL 1
SHALL BE ALLOWED, NOR SHALL ANY BUILDING PERMIT BE
ISSUED FOR ANY STRUCTURE ON PARCEL 1, UNTIL THE
IMPROVEMENTS DESCRIBED IN THE FOREGOING CONTRACT ARE
COMPLETELY FINISHED. THE AGREEMENT IS BINDING ON ALL
HEIRS, SUCCESSORS AND ASSIGNS OF RICHARD W. KLIMEK. A
COPY OF SUCH CONTRACT MAY BE OBTAINED AT CENTRAL POINT
CITY HALL, 155 S. SECOND STREET, CENTRAL POINT,
OREGON."
EXECUTED TN DUPLICATE, each party retaining an original.
City of Central Point, Oregon
Garth Eliard, Council President
Authoriz Re esentat~ e
Developer
t
ichard W. Klimek
5 - DEVELOPMENT AGREEMENT {010595}
STATE OF OREGON )
ss.
County of Jackson )
On the 6 day of January 19~, before me
__ --
persona y appeared Garth E11ard and Sandy Lorrrnel ,
who, being first duly sworn, each for himself and not for the
other, did say that the farmer isPresidentof the City of Central
Point, and the latter is the Authorized Representative of the
City of Central Point, an Oregon municipal, corporation, and that
the foregoing instrument was signed on behalf of said municipal
corporation by authority of its City Council, and each of them
acknowledged the faregoing instrument to be his or her voluntary
act and deed.
~~,
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STATE OF OREGON }
ss.
County of Jackson }
~Tbtar~ Public fofr./Oregon -
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On the (,~ day of , 199, personally
appeared befare me the abo e-nam Richard W. Klimek, and
acknowledged the foregoing instrument to be his valuntary act and
deed.
C)f(AL S~A1. ,
~AN~v ~• tO~~nF~ ~ Notary Pub is fo Oregon
3°EOTARY PUELfC - ORcGfl~
- COA'tiMlS5lat~ Nfl. A009395 My Commission Expires : l/_R_ ~~
F,+1YC47NsM1S5tf3NEX~'IRESNOV8,3995 E
6 - DEVELOPMENT AGREEMENT (010595)
MEMORANDUM OF CONTRACT
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Property Affected: Lot 22 of the Amended Plat of Pittview
Subdivision in Donation Land Claim No. 58 in the southeast
quarter of Section 11, Township 37 South, Range 2 West of the
Willamette Meridian, City of Central Point, Jackson County,
Oregon.
Date of Contract: ~ /~~,y~
Parties to Contract: City of Central Point, Oregon, an Oregon
municipal corporation, and Richard w. Klimek.
Nature of Obligation: This contract is a "Development Agreement"
requiring the owners of the property to make certain street and
utility improvements on the property affected. Also requires
installation of either fire hydrant or fire suppressing-
sprinkling system on Parcel 1. Improvements are required to be
made prior to issuance of a building permit for Parcel 1, prior
to any land division of Parcel 1, and to a Certificate of
Occupancy for Parcel 2. Future owners bound by cozztract.
DATED this -~~ day of , x.995.
City of Central Point, Oregon
.~f~ ~ ~-
ichard V~7. Klimek
Garth Ellard, Council President
Authoriz Representative
STATE OF OREGON )
ss.
County of Jackson )
On the ~~ day of , 1995, personally
appeared before me the ab e-nom ichard W. Klimek, and
acknowledged the foregoing instr ment to be his voluntary act and
deed.
a ~ICiaL s~~L
;FFV; S~~i~IJY" J. LGF~MEL
•r~ae~:y--~~ •s l~O I ~ .:Y Pl)~LiC -- OftIGON
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~...~~ coh~r~srssfoN No. nao~3~s Notary b c for Oregon
hhYCOMN115510N~XPiRESNUV8,1995 My CO 1SS1.@n Expires'-.. /f .- ~- pS
I _ MEMORANDUM OF CONTRACT (~1~5J5}
STATE OF OREGON )
} ss,
County of Jackson }
On the ~~ day of 199` , personally
appeared before me the ab e-name Garth El lard and
who, being first duly sworn, each
for hamself and not for the other, did say that the former is
President of the City of Central Point and the latter is the
of the City of Central Point, an Oregon
municipal corporation, and that the faregoing instrument was
signed on behalf of said municipal corporation by authority of
its City Council, and each of them acknowledged the foregoing
instrument to be his or her voluntary act and deed.
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Recorded
OFFICIAL RECORDS
KATHLEEN S. SECKETT
LER a RE IrR
putt'
2 - MEMORANDUM Oll' CONTRACT (010595}