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HomeMy WebLinkAboutSatisfaction Water and Tap Fee Deferral - Rapp Jackson County Official Records 2021-052220 R-RAG City of Central Point, Oregon Stn=16 MORGANSS 12/23/2021 03:29:46 PM $5.00$10.00$13.00$11.00$11.00 $114.00 140 S 3rd Street, Central Point, OR 97502 $60.00$4.00 541.664.332 I Fax 54 1.664.6384 I,Christine Walker,County Clerk for Jackson County,Oregon,certify that the instrument identified herein was recorded in the Clerk WWW ,I.ceuLraI-p)1nt.or,us records. Christine Walker-County Clerk December 23, 2021 SATISFACTION OF WATER FEE AND WATER TAP FEE DEFERRAL AND INSTALLMENT AGREEMENT For 3395 Grant Road, 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, William Rapp and Valerie Rapp entered into on April 10, 2019. City of Central Point, December 23, 2021 Property located at 3395 Grant Road,Central Point, Oregon Recording Number 20 9-009577 Eteco• ' a • )t' ril 11,2019 / StevenAeber, Finance Director Dart! " City of Central Point OFFICIAL STAMP LEIGH CASEY STATE OF OREGON ) ;� NOTARY DEANNA PUBLIC-0REC30N or COMMISSION NO. 999399 ) SS. t My COMMISSION EXPIRES MAY 08,2024 County of Jackson ) On the dayof `�tic L.:,;ti, wit 2022, personallyappeared before me c� 1C Pp the above named Steven Weber, and acknowledged the for, oing instrument to be the voluntary act and deed of the City of Central Point, Orego . o ary Public >r Oreg n My Commission Expires: S j<;;, t j. Jackson Covey Official Records 2019-009577 RA Stria 16 MORGANSs 04/1112019 10:02:01 AM 525 00 510 00 55 00 38 00 511 0o50000 $123.00 3400 cioatina .,count,oleo N.Arca-on County ore0on cemh t the instrument identified herein was recorded in me Clerk records Christine✓Valker-Courtly 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 William Rano & Valerie RDD, herein referred to as("Owner"). RECITALS I. Whereas Owner currently owns property in Jackson County located at 3395 Grant Rd Oregon more particularly descrihed as follows. Map No. 372W I OCB TaA Lot 2500 I egal Description Commenc g at the Northeast corner of e 2 West of the Willamette Mridian in Jackson Count),Oregon, 44on Land Claim No on,thence North B9°54'30"East, la g the centeTownship 37 South, rrline of County Road, 958.77 feet to the intersection or the centerline of Grant Road,thence North 14°45'50"West,along the centerline of Grant Road,M1.58 feet to the Northeast corner of Tract"A"described in Deed recorded as Mammal Nu.70-03768 or the Official Records of Jackson Gmnp,Oregon,thence South Sr 54 30"West 411.39 feet to a point on the North line of Tract"C"described In said Deed recorded as Document Nn 70-3768,said Official Records,for the true point of beginning, thence South 0° 05'30"East 2624.9 feet to a point on the South line of said Tract"C",thence Smith Sr 54,30"Weft 17085 feet to the Sauthaest corner of said Tract"C";thence North 0.05'30"West 222.48 feet;thence North 65°06'East 32 65 feet,thence North 36°Oh'East 32.855 feel to the Northerly Northwest corner afsaid Tract"C",thence North 40°59' East,along the centerline of a creek,36.11 feel,thence North 17°30'East,along said centerline,410 63 feel to the Northwest corner of a Tract described in Deed recorded ae Document No 79-00690,said Official Records;thence North 89°55'East 245.48 feet to the Weslerip lair of the Comity Road,thence South 14°49'Fait along said road line,a distance of 21000 feet to the Northeast corner of a Tract described in Volume 310,Page 298,Jackson County,Oregon,Deed Records,thence South B9"55'West 202.17 feel;thence.Smith I4° 49'East 222.75 feet 10 a point on the North line of said Tract"A";thence South 89°54'JrWest I$3.38 feet to the true point of beginning. 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 Nt C ll 04 0911. I Water Fee Deferral & Installment Agreement - Rapp 4. Whereas Owner desires to defer pay ment of the Central Paint 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: I. 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$2,924.64, 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$93 13 per month. Owner understands and agrees this Water Fee deferral is for the stated time period with the first monthly installment due on June 1, 2019. 4. Payments are due on the I"of each month,and are deemed delinquent if payment is not received within 10-days of the date on which payment was due. All payments shall be applied first to accrued interest, and then to principal. 5 In the event that the property on which the Water Fees has been deferred is sold or conveyed, the charges deferred shall become immediately due and payable to the City Sale or conveyance includes either actually selling, conveying or assigning any or all of the property or any or all of the Owner's interest in property 6. In consideration for this Agreement,Owner hereby expressly waives all irregularities and defects,jurisdictional or otherwise, in the proceedings to assess the fees on the property described herein. 7 Owner further understands and agrees that failure to make monthly installments may result in immediate termination and shut-off of City water to the property without further notice to Owner or to the occupants. In such event, restoration of Water service will be subject to payment of all Water Fees, including interest, costs and any reconnection fees. 8. Owner agrees that the obligation to pay the deferred amounts due under the terms of this Agreement is personal to Owner and shall be a recordable lien on the property, which shall run with the land until the deferred charges are paid in full. Owner affirms that Owner has authority to consent to the imposition of such lien. 9. Any failure by Owner to pay any of the installments on the loan when due as provided in this Agreement or any'breach of any provision of this Agreement shall result In a default 2 Water Fee Deferral$ Installment Agreement-Rapp 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. I I. 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 ofJackson 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 11 the terms of this Agreement. Dateddtthisltaay of ` /p y Owner ` L' U Owner (/ v L3(15g5 Graitt red CPOR Owner's address to which invoices are to be sent. City of Cen Pain Sdeven)deber Dater Finance Director Notary page follows 3 Water Fee Deferral& Installment Agreement - Rapp STATE OF OREGON ) ) ss. County ofJackson ) On the VC day of WO el , 2019, personallyappearedbefore me the above named William Rapp and acknowledged the forego' g instrument to be a voluntary act. di , OFFICIAL STAMP 7V VA �^''�- DEANNA LEIGH CASEY No No ar� for regorV � / NOTARY PUBLIC-OREGON MyCommission Expires: 7N� COMMISSION NO. 950044 p `/� MY COMMISSION ERNES MAY 10,2020 STATE OF OREGON ) ) ss. County ofJackson ) On the // day of 411(/ , 2019, personally appeared before me the above named Valerie Rapp and ac nowledged the foregoin_• ' istrumenttto be✓� a voluntary act. -�• OFFICIAL STAMP /4 ! Al- ! / I 'y DEANNA LEIGH CASEY Notary Public for Oregon v ` f NOTARY PUBLIC-OREGON COMMISSION NO. 950044 My Commission Expires: S 10 40225 MY COMMISSION EXPIRES MAY 10,2020 STATE OF OREGON ) ) ss. County ofJackson ) ) On the l( 7"t day of Iµ 4 , 2019, personally appeared Steven Weber as Finance Director for the City of Central Point. L J//e:�. OFFICIAL STAMP tit 2- DEANNA LEIGH CASEY Notary Public for NOTARY PUBLIC-OREGON y Oregon ✓ � )" COMMISSION NO. 950044 My Commission Expires: 5----/12-2 02 MY COMMISSION EXPIRES MAY 10,2020 4 Water Fee Deferral& Installment Agreement - Rapp CITY OF CENTRAL POINT MEMORANDUM OF AGREEMENT WATER FEE DEFERRAL AND INSTALLMENT Name of Owner Willaim Rapp & Valerie Rapp Address 3395 Grant Rd, Central Point, OR 97502 Legal Description: See Installment Agreement Amount to be Financed Water Fees $2.677.64 Administration Fee 25.00 Recording Fee 226.00 TOTAL FINANCED: $2928.64 Monthly Installment Amount: $93.13 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 10, 2019. 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 Naiv all irregularities and defects,jurisdictional or othenvise. Signed: Gy fDate: T 71° /9 Prop ti Owner /,/ Signed: a /t U (2-167/17 Date: (`/ -7Gt '79 Property Owner (/ V sr. ntr City ,��/ 7/ Date: /U/S Steven eber / 7 Fin e Director 5 Water Fee Deferral& Installment Agreement -Rapp