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Home My WebLink AboutSatisfaction Improvement Agreement 87-16562November 2, 2016 4970 CENTRAL POINT Jackson County Official Records 2016-037306 Stn=O MCRGANSS 11/1412016 10:66:10 AM N $11.00 $5.00 $4.00 $5.00 $6.00 $10.00 $63.00 $20.00 1, Cl Walker, County Clerk for Jackson County, Creon, eerdp that the instrument idendMed herein were recorded In Me Clink noes. Christine Walker -County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Daniel and Deborah Schafer 900 S Front Street, 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 Daniel and Deborah Schafer entered into on June 10, 1967. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 11CB of the Willamette Meridian, Tax lot 804 Recording Number: 87-16562 Recording Date: August 11, 1987 *MattSamMiiore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) A/oil Date On the �eday 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. CYKrMAA� I NOTARY PUBUC•OREOON COMMISSION NO.950ON NY COWIIOMON offs JUNE 01,1000 e� / /• Notary Public for Oregon My Commission Expires: C&P/ko/� DEFERRED IMPROVEMENT AGREEi,'i ENT Property identification: 37 2W 11CI3 Tax Lot 804 900 block South Front Street., Central Point, Oregon --legal description attach THIS AGREEMENT between the CITY OF CENTRAL POINT, herein- after referred to as "City," and Daniel Eugene'Schafer and Deborah Sue Schafer hereinafter referred to f 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 teras 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 OBLIGATION A. City and Owner agree that the improvements set X orth 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 agreeiment: Sewer, water, storm drainage systems; curbs, gutters, sidewalks, paving and street improvements as included in any future local improvement districts that may benefit the herein --described property. DEFERRED ; ?;PROVE ENT AGREEMENT -1 8,7-:_>2 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 ;chole 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 a'� D.EPERRED IMPROVEMENT AGREEMENT -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 self under I -y et. '; s; o s 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 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 __''v;YROVE ENT AGR"'-'' ;�:...�iEN T -3 : 77 ` Booz may construct or contract for such construction, and tyre O%r,=ner shall be fespor.C_h?e for costs 1nc-rred. Assessment for such construction shall be as provided in Part IV. DATED this h, day of 19 , OWNER CITY OF CENTRAL POINT By: BY: I7 niel Eugene Schafer David Kucera, City Administrator By: Deborah Sue Sc afer SUBSCRIBED AND- SWORN TO before me this i%,�f. � , d f ? by j and f $`=1 Notary Public for Oregon / My commission expires; ` ,Y A' p k OV E 1.'AEN 1 AG.R. ' E!'i V 1 5 l I,, LIZ Lot 7, Block 4 of HOMESTEAD ACRES EXTENSION NO. I in Jackson County, Oregon, more particularly described as follows: Beginning at the southwesterly corner of said Lot 7; thence North 35°08'10" West, along the westerly line of said Lot, 100.00 feet; thence North 54°51'50" East, along the northerly line of said Lot, 250.00 feet to the northeast corner thereof; thence South 35°08'.10" East, along the easterly line of said Lot 100.0 feet; thence South 54051'50" West, along the southerly line of said Lot, 250.0 feet to the true point of beginning. Jctck" n countyt oregol'. Ramidad 11.57 AUG1 1 10 14, a KATHLEEN S. BEC CETT CLERK Qnd RECORDER