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HomeMy WebLinkAboutSatisfaction Improvement Agreement 87-03514October 18, 2016 AX CENTRAL POINT Jackson County Official Records 2016-034483 R -RAG Stn=O SHINGWS 101191201610:07:28 AM $10.00 $20.00 $11.00 $6 00 $8 00 $5.00 $63.00 $4.00 I, Ckrietln Worker. County Clerk for Jackson County, Oregon, extlfy that Me Instrument laenaeed ners1n Was worded In eN Clark records. Christine Walker- County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For James & Jean Beardsley 372W11A3201, 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 James & Jean Beardsley entered into on August 22, 1986. City of Central Point, October 2016 Property located in the Township 37, Range 2W 11A of the Willamette Meridian, Tax Lot 1201 Recording Number: 87-03514 Recording Date: 02/24/87 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) .11Yhu Date On the A aay of July, 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. crOFFICA�►�iille" 1111sNOTARY KJO*R1QON OOMMISSIO�N N 0 80 2 W COMMON IJaM tONMi 01,1010 No ary Public for Oregon My Commission Expires:W61A&-0 0 00 87-03,',314 DEFERRED IMPROVEMENT AGREEMENT Property identification: 37 2W 11A, Tax Lot 1201 - 715 Hopkins Road, Central Point (Legal description attached THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- -• to as "City," and James & Jean-Beardslex I hereinafter referred to as "Owner." 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: 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, 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: Street, curbs, gutters, and sidewalk improvements. DEFERRED IN"PROVEMENT 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 anount and form accepta- ble to the City, to be released by the City in whcle 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 signatu re hereon shall be DE'FERRE'D II,SPROV_-_,,ENT AGREEMENT -2 87 -0 3514 equivalent to a petition required un Section 11.04.020 of the Central Point Municipal Code. If Owner does not complete the improvements h17self under prcv sions 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 improve�ents 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 tY:o-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 construe -- tion is not accomplished in a timely fashion, the City DEFER?E'D I -,PROVE C,E,NNT ACREEMIEP�T -3 may construct or contract for such construction, and the Owner shall be responsr17,,1e for all costs incurred. Assessment for such construction shall be as provided in Part IV. DATED tpijday of r7�rj, , 1 g f - OWNS M CITY OF CENTRAL POINT SUBSCRIBED AND SWORN TO' before me this 22nd day of August , 19 86, by Jean Beardsley James Beardsley and David Kucera ­Aj Notary Publ i d --'for Oreg,dn`f /) , ~� My commission expires: tt � Aiy/ 4 ,5� f i f _ ­Aj Notary Publ i d --'for Oreg,dn`f /) , ~� My commission expires: CRATER 'TITLE INSURANCE CO, Ser'viiig aii of Jac'?" -son County DATED April 16, 1986 DRAWN BY Paula Pierce APPROVED BY Jackson Counter, Oregon,;. Recorded THIS DESCRIPTION PREPARED AT THE REQUEST OF: ?oxtp_\�\ OFFICIAL RECOriDF3 AMOUNT CHARGED $ 43-19 4-•18-86 2.'X2- F E B Z 4 197 P. . S. SECIKE11' C3 CLERK and RECT �s Commencing at a point on the South line of Donation Land Claim No. 56 in Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, 791.99 feet East of the Southwest corner of said Claim; thence north a distance of 202.00 feet to the True Point of Beginning; thence continue North a distance of 407.00 feet to the South line of tract described in Volume 240, Page 613 of the Jackson County, Oregon, Deed Records; thence East, along the said South line, 224.77 feet to the Northwest corner of tract described in Volume 593, Page 1 of said Deed Records; thence South, along the West line of said tract, 407.0 feet; thence West, 122.0 feet; thence South, along the West line of tract described in Volume 523, Page 59, said Deed Records, and the prolongation thereof, 202.0 feet to the South line of d C1 ' N 56• thence Vdest along said Donation. Land said Donation Lan atm o. Claim line, a distance of 20.00 feet; thence North parallel with the West line of property described in Volume 523, Page 59, said Deed Records, a distance of 202.00 feet; thence West a distance of 82.77 feet.to the True Point of Beginning. 43-22 Commencing at a point on the South line of Donation Land Claim No. 56 in Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, 791.99 feet East of the Southwest corner of said Claim; to the True Point of Beginning; thence North a distance of 202.00 feet; thence East a distance of 82.77 feet; thence South parallel with the West line of property described in Volume 523, Page 59, Jackson County, Oregon, Deed Records, a distance of 202.00 feet to the South line of Donation Land Claim No. 56; thence West along said Donation Land Claim, a distance of 82.77 feet, more or less, to the True Point of $eginning. EXCEPTING THEREFROM that portion lying within the boundaries of Hopkins County Road.