HomeMy WebLinkAboutWaterline Extention Agreement - 2284 Beall Lane Jackson County Official Records 2022-023278
RA 07/25/2022 01:39:01 PM
When Recorded, Mail to: $t0 B
$30.00$110.000.00$13.00$11.00$11.00 $139.00
City Recorder $60.00$4.00
I,Christine Walker,County Clerk for Jackson County,Oregon,certify
City of Central Point that the instrument identified herein was recorded in the Clerk
130 S. 3`d Street 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 int this e day of f uty ,204 by and between
the City of Central Point ("City") and Jeff cy Carr("Owner") to extend certain water supply lines
to real property located at 2284 Beall Lei e,
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 fee 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--14o-un --/ Urban
Reserve Area(Circle 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:
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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:
Install water service line to meter box, including meter.
2. Improvements and Dedications by Owner: Owner shall be responsible to hire a plumber
to install the private water line from the water meter to the Property and installation of any other
improvements deemed necessary by City for delivery of water to the Property, including
installation of a backflow device where applicable (the "Owner Improvements").
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 In lieu of Owner doing the actual installation of the Owner Improvements, Owner
may request City to do so. If City elects to do so, then, in such event, Owner shall pay the full
costs incurred by City for the installation, including without limitation any inspection and testing
of the facilities. Owner shall make payment of City's estimated cost for doing the installation of
the Owner Improvements at the time a building permit is issued for construction of the Owner
Improvements. Owner shall make final payment of the full cost incurred by City for the
installation of Owner Improvements prior to delivery of the water services by City. If the estimated
cost exceeds the actual cost incurred, City shall give a credit to Owner against the monthly service
charges billed to the Owner for the water services.
2.5 The required Owner Improvements are as follows (list all):
1. Installation of Reduced Pressure Backflow Assembly on well,
2. Or, abandon and cap off well. This would require sign-off by Water Master
3.
3. Charges. Fees & Assessments Payable at Permitting. In addition to the estimated costs to
be paid pursuant to subsection 2.4 above, Owner shall pay all of the following fees, charges and
assessments at the time a building permit is issued for construction of the Owner Improvements:
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.
Page 2 of 5
3.2 An "out-of-city" assessment for the purpose of reducing the burden put on City in
extending the water services to new properties outside City's territorial limits. This assessment
shall be applied toward the capital costs incurred in extending the water services to properties
outside the City's territorial limits. This assessment is intended solely as a contractual obligation
of the Owner for the water services provided by City pursuant to this Agreement. The amount of
the assessment is intended to be equal to the amount of the development fees related to the water
services provided herein that would normally be charged by City for new development within the
City's territorial limits. For this Agreement, the amount of the assessment is $5,967.39.
3.3 Tap fees if applicable in the amount of$2,700.00.
3.4 City System Development Charge in the amount of$1,552.00.
3.5 Medford Water Commission System Development Charge in the amount of
$1,715.39.
3.6 Water Connection Fee in the amount of$0.
4. Charges & Fees Payable with Water Services. In addition to the final costs to be paid
pursuant to subsection 2.4 and section 3 above, Owner shall pay service charges and fees, usually
paid on a monthly basis, pursuant to rates established by City from time to time.
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
Page 3 of 5
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
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)
ig/AeAtitft... Got4G
STATE OF OREGON )
)ss
County of Jackson )
On this tday of 'Su I q , 24a before me, the undersigned Notary Public,
personally appeared Jeffrey Carr, 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.
OFFICIAL STAMP
1/4CY!THllfNE'�iEKS NOTARY PIC-OREGON No ary Public
y� COMMISSION NO.1000629
MY COMMISSION EXPIRES JUNE 16,2024 My Commission Expires:
[If the Property is owned by legal entity] OWNER:
By:
Its:
Page 4 of 5
STATE OF OREGON )
)ss
County of Jackson )
On this /8 day of , 200? before me, the undersigned Notary Public,
personally appeared Micheal X4cClenathan, who acknowledged himself/herself to be the Public
Works Operations Manager of 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 Micheal McClenathan by himself/herself-as such officer.
'. <. OFFICIAL STAMP
CYNTHIAA WEEKS g /4%e'
//(77
• NOTARYPUBLIC-OREGON i� COMMISSION NO.1000629 -
MY COMMISSION EXPIRES JUNE 16,2024 Not y Public
My Commission Expires: 1-Pf![ue99
CITY OF CENTRAL POINT, Oregon municipal
corporation /
4
By:
Public Works Operations Manager
Page 5 of 5
Order No.: 19600986
Loan No.: 252261146
Exhibit A
The following described property:
Beginning at the Southwest corner of Lot Seven (7) of Diamond Center Subdivision,
Jackson County, Oregon; thence East along the South line of said Lot, 102.96 feet to the
true point of beginning; thence East along the South line of said Lot 102.96 feet, more or
less, to the Southwest corner of property described in Volume 474, Page 211, Deed
Records of Jackson County, Oregon; thence North along the East line of said property in
Volume 474, Page 211, said Deed Records to the North line of said Lot 7; thence South 89
degrees 55'30" West 102.96 feet, more or less, to the Northeast corner of property
described in Volume 466, Page 195, Deed Records of Jackson County, Oregon; thence
South to the true point of beginning.
Assessor's Parcel No: 1-0201920