HomeMy WebLinkAboutSatisfaction Improvement Agreement 87-03513September 28, 2016
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CENTRAL
POINT
Jackson County Official Records 2016-032522
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SN=O MORGANSS 1010312016 02:50:38 PM
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$1100
I, Christine Walker, County Clerk for Jackson County, Oregon, cer"
that the rnetiument Identified herein wee recorded In tiro Clark
records. Christine Walker - County Cleric
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
For
Far West Federal Bank
372W11A200, 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. Release of original Deferred
Improvement Agreement, between the City of Central Point and Far West Federal Bank entered into on
October 2, 1986.
City of Central Point
Property located in the Township 37, Range 2W, Section 11A, Tax Lot 200, of the Willamette Meridian,
City of Central Point, Jackson County, Oregon.
Recording Number: 87-03513
Recording Date: 10/02/1986
AL
Matt Samitore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
q -2k
Date
On theaJ'day of September, 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.
AWL OFFICIAL STAMP 4" � &'—",4�
C" MIA A YYEQGS Notary Public for Oregon
NOTARY PUBLICi011 0011
COMMISSION No. 9=p2aMy Commission Expires: (0/p(pl0
W CONW88" EI91RE8 Am OR iM0
140 S. 3rd a Central Point, OR 97502 0 541-664-3321 a Fax 541-664-6384
;i -03,5 13
DEFERRED IMPROVEMENT AGREEiIENT C)-
Property identification: 37 2W 11A, 1'ax Lot 20,0 5,55 Freeman Road, Central Point.
(Legal description a€ tacked)
THIS AGREEMENT between the CITY OF CENTRAL POINT, herein -
Far West Federal Bank S. B.
after referred to as "City," and
, 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 agreement shall apply
separately to each parcel and the owner of each parcel
shall succeed to the obligations imposed on Owner by
this agreement.
1. N 5T'V RE OF Oil! IGF,T 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:
Sewer, water, storm drainage systems; curbs, gutters, side-
walks, paving, and street improvements as included in any
future local improvement districts that may benefit the
herein -described property.
DEFERRED 7MPROVE:,: NT AGREEMENT -1
C87-035 3
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 .�s, 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 si:nature hereon shall be
D -E ERRED IMPROVEMENT AGREEEMIENT -2
equivalent to a petition required un Section 11 .04.020
of the Central Point ftni.cipal Code. If owner does not
complete the• improvements hi -self under
Provisions of
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.
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 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 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
DEFER
RED ":-P'.� ' ,,.
�X04; l T C}�:':t �4 1 -3
'1 035
may construct or contract for such construction, and
the 0,.,'ner shall be respons:;!:. rr ror al. COS -'S 4-Lncurred.
Assessment for such construction shall be as provided
in Part IV.
DATED this wE' day of
OWNER CITY OF CENTRAL POINT
Far West Federal Bank,, S.. B.
"',_
. •
11.
/Kenneth J. alter David Kucera, City Administrator'
SUBSCRIBED AND SWORN TO before me ntha s
19 by
No t a r y Pu n o T-Oregc`n T
My commission expires: T .. % moi
f ;
Notary Public f'o-r-Oregon
My commission expires 5/16/8T'
DwFERRwD TNPROVE!,rENT AGRB.E.' ENT -4
'a B o Y D L N
SURVEYORS Q
"SINCE 1923"
".h A,�?K E. BCY E€�' 108 MISTLETOE ST., MEDFORD, OREGON 97501 GARY D. KAISER
P P,- s ORE 28; PHONE (503) 773-6000 q P L's ORE 803
LAND DESCRIPTION OF A TRACT LYING ADJACENT TO AND
NORTHERLY FROM THE MEADOWS (A proposed Subdivision)
FOR: Mr. Neil Scheuneman
Commencing at the Southwest corner of Donation
Land Claim No. 56, Township 37 South, Range 2 West of
the Willamette Meridian in Jackson County, Oregon; thence
along the West boundary of said cla..m, North 00 03' 40" East,
1004.26 feet to the true point of beginning; thence
continue North 00 03' 40" East, 141.00 feet; thence
North 890 57' East, 327.00 feet; thence South 00 03' 40" West,
141.00 feet to a point 20.00 feet Northerly at right angles
from the South boundary of trace described in Volume 24,
Deeds, Page 39 of records in said county; thence parallel
with said South boundary, South 891 57' West, 127.00 feet
to the true point of beginning.
SUBJECT TO:
1. The rights of the publi=c in and to that portion
lying within the right-of-way o` Freeman Road.
2. :easements, restrictions and encumbrances as defined
in the Title Report,
3. Existing utilities or other existing conditions,
not of record, that effect the -a_itle or use of the land.
1' K
Jackson County, Qxeg®r
[�
Recmded
0FFICIAL RFC0Aj)S
,"• Zz- FEB 2 4 68-r -"�'M.
CLEC R1'a._an and BECOIRDER
April 16, 1986
' y
R E G I S T E R E D
PROFESSIONAL
ND SURVEYOR
1,
O R E G O
NOV. $, S9 1
MARK E. BO EN
281