HomeMy WebLinkAboutWaterline Extention Agreement - 4617 Gebhard Road Jackson County Official Records 2021-021790
R05/18/2021 11:00:16 AM
When Recorded, Mail to: Stntn=10 SHINGLJS
Cit Recorder $30.00$10.00$13.00$11.00$11.00 $139.00
City $60.00$4.00
City of Central Point I,Christine Walker,County Clerk for Jackson County,Oregon,certify
130 S. 3rd Street that the instrument identified herein was recorded in the Clerk
records.
Christine Walker-County Clerk
Central Point,OR 97502
CITY OF CENTRAL POINT
AGREEMENT TO EXTEND WATER LINES
OUTSIDE CITY LIMITS
THIS AGREEMENT is entered into this Qe day of il,�r 1 , 2021,by and between
the City of Central Point ("City") and Julie and David Webb (` Owner") to extend certain water
supply lines to real property located at 4617 Gebhard Road.
RECITALS
A. City is an Oregon municipal corporation located in Jackson County, Oregon, charged
with the responsibility for preserving the peace, health and safety of its citizens, and
authorized pursuant to Central Point Municipal Code Section 13.04.090 to provide
water supply lines to properties within the Urban Growth Boundary or Urban Reserve
Areas upon certain terms and conditions.
B. Owner holds fec title to that certain real property whose general location or address is
stated above and which is legally described in Exhibit "A", attached hereto and
incorporated herein by this reference(the"Property"). The Property is situated beyond
City's territorial limits, but is within the City's Urban Growth Boundary / Urban
Zeserve AArea19rc(e Appropriate).
C. Owner has made written application to City for an extension of City water services to
the Property.
AGREEMENT
NOW,THEREFORE, in consideration of the recitals and the mutual obligations contained
herein, City and Owner hereby covenant and agree as follows:
Page 1 of 5
1. Provisions of Water Services by City: City shall provide to the Property water lines for the
provision of City water, subject to the terms and conditions stated herein. In particular City shall:
Per the Agreement for new water services in the Beebe Road area, we shall hire a plumber to hook
up the existing house at 4617 Gebhard Road to City Water. The plumber shall also install a
backflow prevention device at the location and disconnect the well from the potable water. The
City shall also provide one year of free water from the date of the install ending one calendar year
from the date of the install.
The City shall pay all connection, plumbing, and System Development Charges for the initial
hookup.
The owner shall be allowed to use the well for irrigation purposes only.
2. Improvements and Dedications by Owner:
2.1 As used in this Agreement, "installation" includes all designing, planning,
engineering,constructing, inspecting and testing activities related to the improvements or facilities
for which installation is required.
2.2 The Owner Improvements shall be installed in accordance with City standards in
effect at the time building permits for the offsite improvements are obtained for City.
2.3 Installation of the Owner Improvements shall be deemed completed when accepted
by the City Engineer, and, when so accepted, all lines, pipes, mains and other appurtenances that
are part of the improvements which are situated in right-of-way or easements dedicated to or
otherwise owned by City (the "facilities") shall be deemed to be owned by City. Thereafter, City
shall have exclusive control, supervision and management of the facilities and shall be responsible
for maintenance of the facilities.
2.4 Regarding Waterline Tapping. In lieu of Owner hiring a city-approved contractor,
Owner may request City to do so. The City shall pay all fees associated with this tapping.
2.5 The required Owner Improvements are as follows (list all):
1. Ensure Potable Water remains disconnected from Well Water
2.
3.
3. Charges, Fees & Assessments Payable at Permitting. In addition to the estimated costs to
be paid pursuant to subsection 2.4 above, The City shall pay all of the following fees, charges and
assessments at the time a building permit is issued for construction of the Owner Improvements:
Page 2 of 5
3.1 Fees and charges directly related to the installation of the improvements, the
facilities and/or the establishment of the water service. They include, but are not limited to,
charges for turnouts, meters, and service lines.
3.2 For this Agreement, the amount of the assessment is $_N/A
3.3 Tap fees if applicable in the amount of$ N/A
3.4 City System Development Charge in the amount of$ N/A
3.5 Medford Water Commission System Development Charge in the amount of
$ N/A
3.6 Water Connection Fee in the amount of$ N/A
4. Water Services. The owner shall be provided with one year of water at the City's cost.
After one year of service, the fee shall be the standard out of City Limit fee based upon the 2022
water rates.
5. No Diversion of Services. Owner acknowledges and agrees that the water services
provided by City under this Agreement are solely intended to serve the Property and no other real
property. Owner shall not and is expressly prohibited from diverting, conveying, transferring or
otherwise allowing any of the water services, or any part of any of the water services,to serve any
other real property. In the event the Property is split, divided or subdivided into separate parcels,
water services will continue to be provided under this Agreement only for the benefit of the parcel
of real property on which is situated the principal or main building that existed on the Property
prior to such split, division or subdivision.
6. Compliance with City Requirements: Owner shall comply with all applicable provisions
of the Code concerning delivery of water services outside city limits and concerning City water
services generally. Owner shall comply with all written policies of the Public Works Department
implementing said Code provisions, and the same shall be deemed to have been incorporated
herein by this reference. Without limiting the previous general requirements of compliance stated
in this section 6, Owner shall cause the Property to meet the same development standards required
by City of properties within the limits of the City to maximum extent reasonably possible as
determined by the City Engineer and the City's Development Services Manager.
7. Consent to Future Annexation: At the present time it may be impractical or not feasible
for City to annex the Property. Therefore, Owner hereby consents to join in, and be signer of, any
future annexation petition that encompasses the Property.
8. Discontinuance of Water Services: Water service provided to the Property under this
Agreement maybe be discontinued in accordance with the procedures and for the reasons stated in
Section 13.04.120 of the Central Point Municipal Code, as applicable to the water service
provided.
9. Statement of Public Policy: This Agreement shall not be construed as limiting the right of
Owner, or any successor in interest of Owner to all or any portion of the Property, to appear and
testify in support of or in opposition to zoning changes, building permits, or any other official act
affecting the Property before a governmental body or officials considering such matters,including,
but not limited to, the ability to file such protests and objections as may be permitted by law
Page 3 of 5
considering the formation of an improvement district, the extent of the district or any assessment
or contract related thereto.
10. Entire Agreement: This instrument contains the entire agreement between the parties and
not statement, promise or inducement made by either party, or agent of either party, that is not
contained in this written contract shall be valid or binding, and this Agreement may not be
enlarged, modified, or altered, except in writing, signed by the parties and endorsed hereon.
11. Binding Effect: This Agreement shall be construed in accordance with the laws of the
State of Oregon. If any court of competent jurisdiction declares any portion or portions of this
Agreement invalid, the remaining provisions hereof shall remain in full force and effect.
12. Enforcement: Either party may enforce this Agreement in a court of law or equity, and the
prevailing party shall be entitled to recover the reasonable costs and expenses, including
reasonable attorney fees, that the party incurs.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement the date and year
first above written.
[If the Property is owned by one or more individuals] OWNER(S)
4(21.1..kaYSTATE OF OREGON )
)ss
County of Jackson )
On this on day of App/)/ , 2021, before me, the undersigned Notary Public,
personally appeared David and Julie Webb, known to me or proven to me to be the person(s)
whose name(s)is/are subscribed within this instrument and acknowledge that he/she/they executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
„�'-"`•a OFFICIAL STAMP
*. Ire
*4/•. CYNTHIA A WEEKS
NOTARY PUBLIC-OREGON Notary Public
COMMISSION IS0629 My Commission Expires:��/z0/p?q
MY COMMISSION EXPIRES JUNEUNE 16.,2024
•
[If the Property is owned by legal entity] OWNER:
By:
Its:
Page 4 of 5
STATE OF OREGON )
)ss
County of Jackson )
On this 3 day of Met-0 , 2021, before me, the undersigned Notary Public,
personally appeared Michael MQClenathan, who acknowledged himself/herself to be the Public
Works Operations Manager of the City of Central Point, a(n) Government Agency, and he/she as
such officer being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing the name of the Michael McClenathan by himself/herself as such officer.
t '•r OFFICIALTHAWEEKS
CEEKEKS
NOTARY PUBLIC-OREGON
COMMISSION NO.1000629 No(ary Public
MY COMMISSION EXPIRES JUNE 16,2024 My Commission Expires:"/'',(,7y
CITY OF CENTRAL POINT, Oregon municipal
corporation
By: lk 7714
Public Works Operations Manager
Attest:
AA
City Recorder /r
Page 5 of 5
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