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Home My WebLink AboutSatisfaction Improvement Agreement 87-16564November 2, 2016 AX CENTRAL POINT Jackson County Official Records 2016437307 R -RAG Stn=O MORGANSS 111141201610:56:10 AM $10.00 $20.00 $5.00 $8.00 $11.00 $5.00 $63.00 $4.00 I, Christine Walker, County Clerk M Jackson County, Oregon, cortly Mat out, instrument Identified hamln was remNed In the Clerk recants. Christine Walker - County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Ernest and Jean Strawn 4964 Upton Rd, 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 Ernest and Jean Strawn entered into on July 31, 1987. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 34D of the Willamette Meridian, Tax lot 1400 Recording Number: 87-16564 Recording Date: August 11, 1987 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) //-/U /(o 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 {a CYWHIA A WIMM P NOTARY PUBLI04MOOM COMMISSION NO. 930M Aly COIM0SMN EI?M ANE G0. = Notary Public for Oregon My Commission Expires: 0*0491a0 DEFERRED IMPROVEIMIENT AGREEMENT Property identification: 36 2W 34D, Tax Lot 1400 - 4964 Upton road, Central Point, (legal description attached) Oregon THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- after referred to as "City," and as "Owner." Ernest R. Strawn & Jean Strawn , hereinafter referred to 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 agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. 11. NATURE OF O!SLI GATION 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, curbs; gutters, sidewalks or street improve- ments, or any combination of the same. DEFERRED IMP -MOVEMENT AGREEMENT -1 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 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 thereon shall be fi DEF=_?RED IMPROVEMENT AGREEMIENT -2 equivalent to a petition required un Section 11.04.020 of the Central Point Municipal Code. If Owner does not Complete the improvements h i i7sel f under prof.' i s? ons of paragraph III, A, above, the City ,,a4 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. 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 improve- ments 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 i-provements 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 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 ti,,ely fashion, the City DEFERRED L:,;?Er�;E�-: �OV N� GR.IEMLNT -3 87-IG564 may construct or contract for such construction, and the Owner shall be responsible for all costs 4- erred. Assessment for such construction shall be as provided in Part IV. DATED this O'X��T day of c,'T�� 1 g , OWNER CITY OF CENTRAL POINT a d. Y: s B p y. Ernest R. Strawn David Kucera, City Administrator By Jean 5trawn SUBSCRIBED AND SWORN TO before me this G• / �T day of 1 9 f7, by and l/�'' Notary Public for Oregon My commission expires: �-;` �-• = D.... FERREE D a F'�PPI OVE.IM; ti T AGR:,: ,.'•i -NT -4 817�1- I (; 11; 1144, PROPERTY UESCkIPTI'ON Parcel No. 1 Ernest R. Strawn Partition Covmncing at the southeast corner of Conation Land Claim No. 57, Township 36 South, Range 2 West of the Willamette 1,1eridian in Jackson County, Oregon; thence along the south boundary of said Claim, North 89056'20" West, 953.20 feet; thence South 0003'40" West 20.U0 feet to a 3/4 inch iron pin located on the southerly right of way line of Upton Road for the point of beginning; thence South 0003'40" West 150.00 feet; thence South 29°41'30" East 44.00 feet; thence North 79059'32" East 116.68 feet to a point on an existing fence line; thence North 0°32'23" West along said fence line and the northerly projection thereof 167.81 feet to the southerly right of way line of Upton koad; thence North 89056'20" West 134.96 feet to the point of beginning. Prepared by: Kurt C. Weaver 616 China Gulch Road Jacksonville, Oregon 97530 March 26, 1987 �zEG I ;IERFL 3 PROFESSIONAL r ' LAN P SURVEYO<< O R E G O N JULY 14, 1978 KURT C. WEAVER 1679 PROPERTY DESCRIPTION- ) Parcel No. 2 ) Lot Line Correction Ernest R. Strawn ) Commencing at the southeast corneyh of Donation Land Claim No. 57, Township 36 South, Range 2 West of the Willamette Meridian in Jabkson County, Oregon; thence along the sou8h boundary of said Claim, North 89 56'20" West, 953.20 feet; thence South 0 03'40" West 20.00 feet to a 3/4 inch iron piU located on the southerly right of way line of Upton Road; thence South 89 56'20" East along said right of way line 134.96 feet to the point of beginning; thence continuing Sou�h 89°56'26" East along said right of way line 80.00 feet; thence South 0 32'23" East 150.00 feet; thence North 89056'20" West 80.00 feet; thence North 0032'23" West 150.00 feet to the point of beginning. PROPERTY DESCRIPTION ) Parcel No. 3 ) Lot Line Correction Ernest R. Strawn Partition } Commencing at the southeast corner of Donation Land Claim No. 57, Township 36 South, Range 2 West of the Willamette Meridian in Jadrkson County, Oregon; thence along the sou8h boundary of said Claim, North 89 56'20" West, 953.20 feet; thence South 0 03'40" West 20.00 feet to a 3/4 inch iron pi8 located on the southerly right of way line of Upton Road; thence South 89 56'20" East along sgid right of way line 214.96 feet to the goint of beginning; thence South 0 32'23" East 150.00 feet; thence North 89 56'20" West 80.00 feet; thence South 0°2'23" East 17.81 feet; thence South 79°59'32" West 116.68 feet; thence South 29 41'30" East, a more or less distance of 161 feet to intersect the northwesterly right of way line of relocated Upton Road; thence along said relocated Upton Roadline in a northeasterly direction to a point opposite Engineer's Centerline Station P.S.C. 27-90.51; thence northwesterly alone the southwesterly right of way line of said relocated Upton Road to inter- sect the southerly right of way ine of Upton Road; thence along said Upton Road right of way line, North 89 56'20" West, a more or less distance of 155 feet to the point of beginning. Jackson County, Oregon Recorded OFFICIAL RECORDS 111'1151Z AUG 1 11987 f) M. Is:�IHLE1a1V S. BECKETT CLERK cmd. RECORDER