HomeMy WebLinkAboutSatisfaction SDC Deferral and Installment - Rapp 2019-009576 Jackson County Official Records 2021-052219
St =16 MORGANSS 12/23/2021 03:29:46 PM
Cityof Central Point, Oregon
Stn=16
g $5.00$10.00$13.00$11.00$11.00 $114.00
140 S 3rd Street, Central Point, OR 97502 $60.00$4.00
541.664.3321 Fax 541.664.6384 I,Christine Walker,County Clerk for Jackson County,Oregon,certify
that the instrument identified herein was recorded in the Clerk
www.ci..G:e�7�r31,- oia�t orwtt, records. Christine Walker-County Clerk
December 23, 2021
SATISFACTION OF SYSTEM DEVELOPMENT CHARGE - WATER
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 2019-009576
Recordit )ate of pril 11, 2019
fr (v
Stevet 'eber, Finance Director Date
City of Central Point
f: , OFFICIAL STAMP
e^ ,-1, DEANNA LEIGH CASEY
STATE OF OREGON ' !gig NOTARY PUBLIC-OREGON
M Yui COMMISSION N0. 999399
) SS. f MY COMMISSION WIRES MAY 08,2024
County of Jackson )
On the ).� " day of j ;.y,t,,,kv r:2021, personally appeared before me
the above named Steven Weber, and acknowledged the foregoing instrument to be the
voluntary act and deed of the City of Central Point, Oregon
Notary Public for Oregc
My Commission Expires: 51/4/24
Jackson County Official Records 2019-009576
R-A
sor=ts MORGANS 04/11/2019 10:02:01 AM
525 00 510 00 55 00 S8 00$11 00 560 00 $123.00
54 00
unty cJackson ccertify
County Oregon
that'lie monument identified herein was recorded in the clerk
records Chnstme Walk er-Counts,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 William Rant, & Valerie Karin , herein referred to as ("Owner')
RECITALS.
1. Whereas Owner currently owns property in Jackson Counts located at:
_ 3395 Grant Rd , Oregon more particularly described as follows:
Map No, 372WIOC13
Tax Lot 2500
Legal Description:
Commencing at the Northeast corner of Donation 1 and Claim No.44 In Township 37 South,Range 2 West of the
Willamette Meridian in Jackson County,Oregon,thence North 89°54'30"East,along the centerline of the County Road,
958 77 feet to the intersection of the cent rrline of Grant Hoed,thence North le 45'50"West,along the centerline of Grant
Road,81158 het to the Northeast corner oft net"A"described in Deed recorded as Document No 70.03768 of the
Official Records of Jackson County,O'egon,thence South 89°54'30"West 411.39 feet to a paint on the North lone of
Tract"C"described in said Dmf recorded as Document No 70.3768,said Official Records,for the true point of beginning,thence South 0' as'311"East 262.69 feel In a paint on the South line of said Tract"C";thence South Sr 54,30"West
170 85 feet to the Southwest corner amid Tract"C";thence North 0°05'3t,'West 222 48 feet;thence North 65°OP East
_ 32.65 feet,thence North 36" 116'East 32.85 feel to the Northerly Northwest corner of said Tract"C'}thence North 411°59'
East,along the centerline of a creek,36.0 feet;thence North I7 311'East,along said centerline,410.63 feet to the
Northwest corner Ida Tract described in Deed recorded as Document No,79-00690,said Official Records;thence North
Sr 55'East 245 45 feet to the Westerly line of the County Road,thence South 1.4°49'East along said mad line,a distance
01210.110 feel to the Northeast owner of a Tract described in Volume 310,Page 298,Jackson County,Oregon,Deed
Records,thence South 89° 54 West 1112.11 feet;thence South 14"49'East 22275 feet lo a paint on the North line of said
Tran"A" thence South 89°54'30"West 183.38 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 Cit' limits to connect to City
water per C.P.M.C. 13.04.090
4. Whereas Owner desires to defer pas ment of the Central Point !Wale,System
Development Charge tar a period of 36-months, or until conveyance of the property
whicheser occurs first) and to make monthly installment payments on said charge
I SDC Deferral& Installment Agreement - Rapp
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:
I. 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$1,803.00, 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$57.33 per month. Owner understands
and agrees this SDC deferral is for the stated time period with the first monthly
installment due on June 1, 2019.
4. Payments are due on the 1't 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.
7. 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.
8. 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 SDCs, including interest, costs and any reconnection
fees.
9. Owner agrees that the obligation to pay the deferred amounts due under the terms of this
Agreement is personal to Owner and shall he a recordable lien on the property, which
2 SDC Deferral & Installment Agreement- Rapp
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 lees. 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 10 dap of Q�t l\ 2019,
Owner t / Owner 0 U
55615 rva n.f rAl CP (BJP q7�D.2)--
Owner's address to which invoices are to be sent.
City of Cent oint Date
Steienber ( /
FinancjDirector
Nolan'page.tallows
3 SDC Deferral& Installment Agreement - Rapp
STATE OF OREGON )
) ss.
County ofppJ,,ackson )
On the qy�t. nn day of WkL)W , 2019, personally appeared before me the above named
William Rapp and acknowledged the foregoinZn Itent to be a voluntary act.
DEANNA LEIGH CASEY ,L�l
NOTARY PUBLIC-OREGON
�1 COMMISSION NO. 950044 IQotary Public for bregon r(
MY COMMISSION EXPIRES MAY 10,2010 I My Commission Expires: 5`ID '2bi
STATE OF OREGON )
) ss.
County of Jackson )
On the \elk day of Nita , 2019. personally appeared before me the above named
Valerie Ra J) and acknowledged the foregoing ins merit to be a a/voluntary act.
OFFICIAL STAMP
�.� / ✓
DEANNA LEIGH CASEY
\ r COMM SS ONLINO950044 ryfor Oregon (
�Public /
Not
MY COMMISSION WIRES MAY 10,20701 My Commission Expires: c ../TJ-2-02-Z)
STATE OF OREGON )
) ss.
County of Jackson )
On the /(ham day of i . 2019, personally appeared Steven Weber as Finance Director
for the City of Central Point.
,.:., OFFICIAL STAMP 1- //' `
���J� DEANNA LEIGH CASEY Notary Public for Oregoo/
`." , NOTARY PUBLIC-OREGON My Commission Expires: 9 /0-24>t)
COMMISSION NO. 950044
MY COMMISSION EXPIRES MAY 10,2020
4 SOC Deferral & Installment Agreement- Rapp
CITY OF CENTRAL POINT
MEMORANDUM OF AGREEMENT
WATER SYSTEM DEVELOPMENT CHARGE
DEFERRAL AND INSTALLMENT
Name of Owner William Rapp
Address 3395 Grant Rd, Central Point OR 97502
Legal Description: See Installment Agreement
Amount to be Financed
Water SDC $1,552.00
Administration Fee 25.00
Recording Fee 226.00
TOTAL FINANCED: $1.803.00
Monthly Installment Amount: $57.33
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 System Development
Charge. The loan shall accrue simple fixed interest at 9% per annum from April 9, 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 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: 7/1J-7-..--/X7/' - 7 .ile:
Pr/]op�erty Owner //�.l"/ /��/I /
Signed: LL L.0 t u (A /t- J Date: (I-/ '/Y
Property Owner I
City entr P - / /J
�� Date: 7 /(/1
Steven }k�eber / /
Finan c Director
5 SDC Deferral& Installment Agreement- Rapp