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HomeMy WebLinkAboutSatisfaction Improvement Agreement 87-03511November 2, 2016 Jackson County Official Records 2016-037310 R-RA Stn=0 MORGANSS 11/14/201610:56:10 AM s5.00 $M $10.00 $20.00 s11.00 $5.00 E63.00 $8.00 Ih Walker, County Clerk for wcounty, Oregon, wrtlfy that the hotrumant IUantlMA lemon was recorded In the Clerk CENTRAL �rds Christine Walker •County Clerk POINT SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Bette Ziegler 372W11D800, 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 Bette Ziegler entered into on August 26, 1986. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 11D of the Willamette Meridian, Tax Lot 800 Recording Number: 87-03511 Recording Date: February 24, 1987 l ��W �1 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) Date On the day 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 `�v/ 4�1 /A/• ui Z— CYNTHIA A WEEKS Notary Public for Oregon NOTARYION No. REOON0992 COMMISSION NO. My Commission Expires: O(%/ 65 P W co"SSION ©"M /SNE SR 215 a0: 06 DEFERRED IMPROVEMENT AGREEMENT Property identification: 37 2W 11D, TL 800, 700 block Pittview Avenue, Gentral. Point Legal description attached THIS AGREEMENT between the CITY OF CENTRAL POINT, herein - atter referred to as "City," and Bette Ziegler• 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 "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 terms of this agreemient shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. T1, NATURE CF 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, sidewalks, andjjot street improvements as included in any future local improvement Y" districts that may benefit the herein --described property. DEFERRED I? PROVE *:LENT AGREE�MENT --1 87-03511 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. 121. 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. STORK 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 D-EFERRED IMPROVE: ENT AGREEMENT -2 87-03.',A1. equivalent to a petition required un Section 1.04.020 of the Central Point Municipal Code. If Owner does not complete the 'mprovements hi; sel f -under prc-.:J. 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 IT, 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.tihere 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 imiprove;ments 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 an� to be free of defects fcr a per -cd 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 DEFERRED iMPROVEirENT AGRE.,.E.MEI'l-iT -3 may construct or contract for such construction, and the O,.,ner shall be responsi!�! e for all costs J ,c�-irred. Assessment for such construction shall be as }provided in Fart IV. DATED this oC� day of OWNER CITY OF CENTRAL POINT }avid Kucera, City Administrator SUBSCRIBED AND SWORN TO before me this `,� day of sal l' (�5 7" 1 9 % , by � an cf-' /-/, -4w Notary Public' -for Oregon:., 14y commission expires:_ -S%/-7 RR D 1�;p �'�E1': 11 AGRE 1•1E Li -h 8'7-03,511 PARCEL I Ccomencing at the .northeast corner of Lot 16 of the .:-,eDded plat of Leis 3 to 10 inclusive of PITT VIEW S3D 1,iST CN , _ - ad i rg to the r&cordnd plat thoroof in the records mf j.cVyan Co,,y, MY= Thence West along Ke 'north line of said Lot 16, a dj st._ ace of 143.29 .Let_.t to the True Point of Beginning; thence continue ae v:est along said North line 10.00 foe t.; thence South parallel to the jest line of said Lot 313.06 feet; the=nce :gest parallel to the North line of said Lot 131.01 feet to a point on the West line thereof; thence South -along the West line of said Lot 106.54 feet to the Southwest corner thereof; thence Wast along the South line of said Lot 141.01 feet; thence North parallel to said West line 419.6 feet to the True Point of Beginning. PARCEL II Commencing at the northeast corner of Lot 16, of the amended plat of Lot 3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat thereof in the records of Jackson County, Oregon; thence West along the North line of said Lot 16, a distance of 153.29 feet to the Tree Point of Beginning; thence continue West along said North line 15.0 feet; thence Scath parallel to the `Nest line of said Tot 206.53 feet; thence rest parallel to the North lire of said Lot 116.01 feet to a point on the ?'.est line thereof; thence South along the ;,'est line of said Lot 106.53 feet; thence .Wast parallel to the North line of said Lot 131.01 feet; thence North 313.06 feet to the true point of beginning. J PARCEL r!I CcTzening at the Northeast corner of Lot 16 of the .-:�?.nO - ,'� � =a p3at t cf Lots 3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat there of in the records of j _:ckson County, Oregon; thence West along the North line of said Lot 16, a distance of 168.29 et to the Tr;.,.e Point of Beginning; thence continue `.lest Mong said North line 1 5. 0 fret J a - _ _ e S... _h - - a 1 l n1 to the ,;est 1.1 ne of sold Lot ]00 f c thence West parallel to the North line of said Jot 101.01 feet to a point on the West line thereof; thence South along the West line of said Lot 106.53 feet; thet ce fast p rallel to the North line of said Lot 1.16.01 feet; hence North 206.53 feet to' the true point of beginning. Jackson County, Oregon. Recorded (DETICIAL WORDS z:3 z, FEB 2 4 i f:37 P.m. KATI-ME-EV S, ry CLERK and RECORDER