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Home My WebLink AboutSatisfaction Improvement Agreement 87-16563November 2, 2016 Jackson County Official Records 2016-037305 R-RAG SN=O MORGANSS 11/141201610:56:10 AM $5.00 $4.00 $5.00 $9.00 $11.00 $10.00 $6.3.00 $20.00 Ih OMlstlm Wanw, County Clark for Jae/son mwCounty, me con, nrtly Mat Ms IrnWmmt NNntltlW haMn ares rarnrCktl In Ma CNrk ni"`sa. Christine Walker - County Clerk CENTRAL POINT SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Roger and Elizabeth Richardson NW Corner of Beall Ln, 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 Roger and Elizabeth Richardson entered into on July 31, 1987. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 11D of the Willamette Meridian, Tax Lot 2200 Recording Number: 87-16563 Recording Date: August 11, 1987 Matt Samifo're City of Central Point STATE OF OREGON ) )ss. County of Jackson ) #--/v-/<p Date On the &1 tlay of November, 2016, personally appeared before me the above-named, Matt Samitore, and acknowledged the foregoing instrument to be the voluntary ad and deed of the City of Central Point. OFFICIAL STAMP CYNTHIA A VYlEKB NOTARY PLSLIC-0REOON COMMISSION NO. 850YY2 W COI11111N8810N EJFIREB JIVE 06, 20 Notary Public for Oregon My Commission Expires: °q%0 87—IG51 3 r,r P0 Oar DEFERRED IMPROVEMENT AGREEMENT Property identification: 37 2W 11D Tax Lot 2200 - Northeast corner Beall Lane and Bursell Road, Central. Point, OR, (Legal description THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- attached) after referred to as "City," and Roger Richardson and Elizabeth Richardson. , 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; NOW, 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 "Alt. 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. 7 "C , N,A`t'URE OF O:P�,I GAT! ON 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: Water, sanitary sewer, storm sewer, street, curb, gutter, sidewalk, or other improvements determined to benefit said property. DE.i.:C:hE7 �.",_ :C VEi._N 1 .`: Rt,EIMN 817-1651G3 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. III. PERFORMANCE, OF THE WORK BY OWNER 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 fora 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 signature hereon shall be *d'` :QEF ERRED IMPROVE:M:ENT AGREEMENT -2 equivalent to a petition required un Section. 11.04.020 of the Central Point Municipal Code. If Owner does no', complete the, improvements h i i sel f u" .er rGti i c p c Gi paragraph III, A, above, the City mai,' do the ,,,ork 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. IV. 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 imDrove- vents specified in Section II, 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. „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 pe -4 of t%,o ( 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 %Er rERRE. D 1IM, r R 0E'E1,11 E NT AGh E E: i E N —1 - 3 may construct or contract .tor such construction, and the 0,.,-ner shall be resp or.s_t =e for ; ll cos s Assessment fQ�7 such construction shall be as provided .in Part IV. DATED this day of OWNER CITY OF CENTRAL POINT B B o :!/W;;� y, y e,r is ar David Kucera, (qty Administrator By.� -1 izabeth Richardson SUBSCRIBED AND _SWORN ,,��TO before me this day of 19 Y by /y_/7�J('.r and pFii lid%f ti�lf/f •?.._ 4. Notary Public -for' Oregon icy commission expires J%--./, -',/ pF _- - ._ IED { .._ w G`L�F.:E�T i�GR �N T That portion of land lying nortrheasLerly of a line as surveyed over and ac-ross lands described in Jackson County Heed Records, Volume 1037 Page 98, said line being more particularly described as follows: Jackson County, Oxegon Recorded OFFICIAL RECORDS , e AUG 1 1 11981 A Rte.. KATHLEEN S. BEC KE T T CLERK and RECORDEB �� 2�h L� - -FJDET}7L3[4 Commencing at the southwest corner of Donation Land • Claim tjo. 58, Township 37 South, Range 2 West, Willamette meridian, Jackson County, Oregon; thence along the West line of said Donation Land Claim North 0104'40" gest, 220_00 feet; ! thence North 89°55'20" East, 30.00 feet to the true point of beginning; thence South 0004'40" .past, 245.00 feet; thence South 4500'20" East, 63.83 feet; thence along a line.parallel to and 30 feet north of the south Zine of said Donation Land Claim South 89°56'00" East, 145.00 feet, to a point .dying 29.74 feet North and 220.04 feet East of the above stated Donation Land Claim corner. Jackson County, Oxegon Recorded OFFICIAL RECORDS , e AUG 1 1 11981 A Rte.. KATHLEEN S. BEC KE T T CLERK and RECORDEB �� 2�h L� - -FJDET}7L3[4