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Home My WebLink AboutSatisfaction Improvement Agreement 87-03517November 2, 2016 Jackson County Official Records 2016-037298 RAG Stn -0 MORGANSS 11/14/2016 10:56:10 AM Si $11.00 $10.00 $20.00 $5.00 $4.00 $5.00 $63.00 s8.00 I. chrlsdrm Wallor. i una ci*k for.IYEIIWn c. nty, omom."I" that theIn mem dendXed herein msn wr0ed In me clerk � Christine Walker - County Clerk CENTRAL POINT SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Gregory and Barbara Goheen 1997 Boes Ave, Central Point 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 number of said records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original Deferred Improvement Agreement, between the City of Central Point and Gregory and Barbara Goheen entered into on September 25, 1986. City of Central Point, November 2016 Property located in the Township 36, Range 2W Section 34D of the Willamette Meridian, Tax Lot 237 Recording Number: 87-03517 Recording Date: February 24, 1987 t Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) /1-437 Date On the,o ay of November, 2016, personally appeared before me the above-named, Matt Samitore, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL STAMP CYNTHIA A W HM 10 NOTARY PUSLIOAREOON COMMISSION NO. 950992 MY COMAYHM E74'IiEB JOgE K 70m Notary Public for Oregon My Commission Expires: oi0l4ro/Zjj V 87-03517 DEFERRED IMPROVEMENT AGREEMENT Property identification: 36 2W 34D, Tax Lot 237 - 1.997 Boes Avenue, THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- after referred to as "City," and Gregory and Barbara Gaheen , hereinafter referred to as "Owner." WHEREAS, Owner desired to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required, and City agrees to such deferment provided Owner agrees to construct improvements as herein provided; NOLO, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST This agreement is an instrument affecting the title and possession of the real property described in Exhibit "A". All the terms and conditions herein imposed shall run with the land and shall be binding upon and inure to the benefit of the successors in interest of Owner. Upon any sale or division of the property described in Exhibit "A", the teras of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. TI, NATURE OF OBLIGATION A. City and Owner agree that the improvements set forth in this section may be deferred because immediate installation of such improvements is not deemed practical at this time. B. Owner agrees to construct the following improve- ments in the manner set forth in this agreement: Sewer, water, storm drainage systems; curbs, gutters, side- walks, and street improvements as included in any future local improvement districts that may benefit the herein -- described property. DEFERRED IMPROVEMENT AGREEMENT -1 87 -0:351 7 C. When the City Administrator determines that the reason(s) for the deferment no longer exist(s), he shall notify Owner, in writing, of terms for perform- ance of the work. The notice shall be mailed to the current owner or owners of land as shown on the latest adopted county assessment roll. All or any portion of said improvement may be required at a specified time. Each Owner shall participate on a pro rata basis of the cost of installation of the improvements. 111. PERFORMANCE OF THE WORK BY OTdNER Owner agrees to the performance of the work deferred hereby, by conformance with one of the following options: A. WORK PERFORMED BY OWNER - Owner is responsible for performance of the work and obtaining contractors therefor. Owner shall cause satisfactory plans and specifications for the improvements to be prepared and to submit said plans and specifications to the City Administrator for approval prior to commencement of the work to be done. Such work shall be done in accordance with City standards in effect at the time the improve- ment plans are submitted for approval. Owner agrees to make payments required by the City including, but not limited to engineering deposits, permit fees and inspection fees. Owner shall notify the City Adminis- trator at least forty --eight (48) hours prior to the start of work. Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to the City, a performance bond in an amount and form accepta- ble to the City, to be released by the City in whole or in part upon the City's final acceptance of the work performed. If Owner disagrees with the requirements set forth for installation of improvements as provided in this section, he shall, within thirty (30) days of the date the notice from the City Administrator was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the City and the Owner. B. CONSTRUCTION AS LOCAL IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY - Owner's sicnature hereon shall be DEFERRED IMPROVEMENT AGREEMENT -2 equivalent to a petition required un Section 11.04.020 of the Central Point municipal Code. If Owner does not complete the. improvements hlmsea.f under '1s?O^S o paragraph III, A, above, the City may do the work as a local improvement project following the procedures established by ordinance for such projects and assess the cost against the property specially benefited. Permission to enter onto the property of the owner is granted to the City or its contractor as may be necessary to construct such improvements. Owner hereby waives any right of remonstrance to said improvements. TV. MAINTENANCE OF IMPROVEMENTS Owner agrees to provide any necessary temporary facilities, access road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review if required, and to maintain said improve- ments and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. City agrees to accept for maintenance those improve- ments specified in Section 11, excepting sidewalks, which are constructed in accordance with City stan- dards, which are constructed in accordance with City standards, which are installed within right-of-ways or easements dedicated and accepted by the City, and which' have received final acceptance by the City. 1%here the required work is performed by Owner pursuant to the above Section III, B, the City Administrator will provide adequate and timely progress inspection of said work and upon completion of any said improvements in accordance herewith, will issue to the Owner his final certificate of inspection and acceptance thereof; provided, however, the Owner shall guarantee all improvements to be constructed in a workmanlike manner and to be free of defects for a period of tao (2) years from the date of issuance of the final certificate and acceptance. If, in the opinion of the City Administra tor, it shall be necessary to repair or replace all or part of such improvement within said two-year period, the City Administrator shall so notify the Owner and it shall be the responsibility of said Owner to construct the necessary repair or replacement. If such construc- tion is not accomplished in a timely fashion, the City DEFERRED IMjPROVEME'NT AGREEMENT -3 87-03517 may construct or contract for such construction, and the Owner shall he respons_hie for all costs incurred. �: Assessment for such construction shall be as provided in Part IV. DATED this of �S.Qa� �� , 1 9 g . OWNER CITY OF CENTRAL POINT By: By � - ] David Kucera, City Administrator SUBSCRIBED AND SWORN TO before me this `> � day of =m•� c? a' 1 9 ► by a n. d : 11 CL' � yrs Notary Publid- or Oreg .' My commission expires: :% -22 DEFERRED IMPROVEMENT AGREEMENT -4 Jackson ountyTfle Division of Continental Land Title Co. " Insuring the American Dream " {'" A ; l - c- (.,,, .-"' I Lot Fifteen (15) of DOES SUBDIVISION in Jackson County, Oregon, according to the official plat thereof, now of record, EXCEPTING THEREFROM the following tract: Beginning at the southeast corner of Lot Fifteen (15) of BOES SUBDIVISION in Jackson County, Oregon, according to the plat thereof, now of record; thence South 89056120" West, along the south line of said Lot, 222.00 feet to the southwest corner thereof; thence North 0003140" East 90.00 feet; thence South 89°56'20" East 222.00 feet to the east line of said Lot and to a point North 0003140" East 90.00 feet from the point of beginning; thence South 0°03'40" West 90.00 feet to the point of beginning. ® Jac son"' ounty Title Division of Continental Land Title Co. " Insuring the American Dream " Beginning at the southeast corner,of Lot Fifteen (15) of GOES SUBDIVISION in Jackson County, Oregon, according to the plat thereof, now of record; thence South 89156'20" West, along the south line of said Lot, 222.00 feet to the southwest corner thereof; thence North 0°03'40" East 90.00 feet; thence South 89°56'20" East 222.00 feet to the east lane of said Lot and to a point North 0°03'40" East 90.00 feet from the point of beginning; thence South 0°03'40" West 90.00 feet to the point of beginning. Jackson C=ounty, Oregon Recorded OFFICIAL RECORDS Z: -?z FEB 2 4 i987/-'0. M. I�R�L<�azad RECORDER