Loading...
HomeMy WebLinkAboutSatisfaction Improvement Agreement 87-03512November 2, 2016 Jackson County Official Records 2016-037311 R -RAG 111141201610:56:10 AM Stn 0 MORGANSS $5.00 $8.00 $5.00 $4.00 $11.00 $10.00 $63.00 $20.00 I. ennsanWalker, County Glsk WJocounty, Oregon, certify Mtlm NsOmmt wentlaaa herein ws recorded In the Clerk CENTRALrecords 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: 87-03512 Recording Date: February 24, 1987 �MattSamf ore Date City of Central Point STATE OF OREGON ) )ss. County of Jackson ) On the (Qday 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. OFF ISTAMP CY�NN HA WEl1110 NOTARY PUSUC.ORHOON COMMISSION NO. SWM W C0008MOH E>PM AK 0a J.O>A Notary Public for Oregon My Commission Expires: "444 �6 7-03,512 20.6,6 DEFERRED IMPROVEIMENT AGREEf1ENT Property identification: 37 2W 11D Tax Lot 800 789 Pa.ttvi.ew Ave,._, Central PoiM (Legal description attached) THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- after 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 agreement shall apply separately to each parcel and the o,,=ner of each parcel shall succeed to the obligations in posed on Owner by this agreement. !I. 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, side walks, and street improvements as included in any future local improvement districts that may benefit the herein -- described property. DEFERRED 7MPROVEMENT AGREEIMENT -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 signature hereon shall be DEFE'RRED IIMPROVK-MENT AGREEMENT -2 87-0W)12 equivalent to a petition required un Section 11.09.020 of the Central Point Municipal Code. If Owner does not complete the, improvements h1 self unc er roe. inions of paragraph ITS, A, above, t, -,e City May do the °,,pork 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, 'V'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 ) year!-- from earsfrom 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 ,rROST Li'.'EN i [:G Rt....�`-:'JEN i _ ? &Y-03512 may construct or contract for such construction, and the Owner shw?1 be responsitie for all costs incurred. Assessment for such construction shall be as provided in Part IV. DATED this d of OWNER CITY OF CENTRAL PQI G� BY. By. . y- _D3avid Kucera, City Administrator r SUBSCRIBED AND SWORN TO before me this �a�'�' day of an s Notary Public f-o''r Oregon My commission expires: DEFERRED i',�PROVE DENT ACRE EM, ENT -4 Beginning at the Northwest corner of Lot 16 of the Amended Plat of Lots 3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat thereof in the records of Jackson County, Oregon; thence South along the West boundary of said Lot 16, 100 feet; thence Easterly and parallel with -the North boundary of said Lot 16, 101 feet; thence North'100 feet to a point on the North boundary of said Lot 16; thence West along the North boundary of said Lot 16, 101 feet to the point of beginning. Parcel 2 Commencing at the Northwest corner of Lot 16 of the AMended Plat of Lots 3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat thereof in the records of Jackson County, Oregon; thence East along the North boundary of said Lot 16, 101 feet to a point, which is the true point of beginning of the tract to be described herein; Thence South 100 feet; thence Westerly and parallel with the North boundary of said Lot 16, 101 feet to a point on the West boundary of said Lot 16; thence South along the West boundary of said Lot 16, 319.6 feet to the Southwest corner of said Lot 16; thence East along the Southboundary of said Lot 16, 141 feet; thence North 419.6 feet to a point on the North boundary of said Lot 16; thence West along the North boundary of said Lot 16, 40 feet to the true point of beginning. ` State ct Oregon, County of aacSson--SS. The within instturnent re eived and filed at -E • Wiz --o'clock M. the��-da 9_ Z - Recorded i ecor sfor Mckson County Parcel 3 Oregon. Co my Clerk. Ry _. eputy Commencing at the Northwest corner of Lot 16 of the AMended Plat of Lots.3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat thereof in the records of Jackson County, Oregon; thence East along the North boundary of said Lot 16, 161 feet to a point, which is the true point of beginning of the tract to be described herein; Thence West along the North boundary of said Lot 16, 20 feet; thence South 419.6 feet to a point on the South boundary of said Lot 16; thence East along the South boundary of said Lot 16, 163.3 feet to the Southeast corner of said Lot 16; thence North along the East boundary of said Lot 16, 267.6 feet; thence West 143.29 feet; thence North 152 feet to the true point of beginning. Entire Parcel Commencing at the'Northeast corner of Lot 16 of the Amended Plat of Lots 3 to 10 inclusive of PITT VIEW SUBDIVISION, according to the recorded plat thereof in the record of Jackson County, Oregon; thence West along the North line of said Lot 16, 143.29 feet to a point, which is the true point of beginning of the tract to be described herein; thence West along the North line of said Lot 16, 161.01 feet to the Northwest corner of said Lot 16; Thence South along the West boundary of said Lot 16, 419.6 feet to the Southwest corner of said lot 16; thence East along the South line of said Lot 16, 304.3 feet to the Southeast corner of said lot 16; thence North along the east boundary of said Lot 16, 267.6 feet; thence West, �" 143.29 feet; thence North .152 feet to the true point of beginning.