HomeMy WebLinkAboutImprovement Agreement 89-16969
DEFERRED IMPROVEMENT AGREEMEN'T'
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37 2[d 3AB, 'Z'L x+201 l_9{)0 Scenic nve. , Ce:ntra7. i?oinr, OR.
Property identification: 1. e.=~t1 ciesc~--i ~tion attached)
THIS AGRE~NT between the CITY OF CENTRAL POINT, herein after referred to as
„City,,! and Francis .3. and .loan L. L3o1i`
hereinafter referred to as "gwner."
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, TkiEREFORE, IT IS AGREED AS F`OLI,OWS:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement zs an instrument affecting the title and possession of the real
property described in ExhS,bit "A". Ail 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.
II. NATURE OF 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. O=rrner agrees to construct the following improvements in the manner set forth
in this agreement:
Storm drainage systems, bikepaths, side~aalks, curbs,
gutters, paving anal street improvements and streetlights
that may benefit the herein described property.
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 performance of
the work. The notice shall be mailed to the current owner or owners of land as
shown on the latest adapted county assessment roll. All or arty portion of said
improve~r~ent may be required at a specified time. Each Owner shall participate
on a pro rata basis of the cost of installation of the improvements.
DEFIMPRO . AG/P~'~i~WK
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 BX OWNER - Owner is responsible for performance of the work
and obtaining contractors therefor. Owner shall cause satisfactory plans and
specifications fox 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 improvement 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 band in an amount and farm aceepta-
able to the City, to be released by the City in whale or in part upon the City's
final acceptance of the work performed.
If Owner disagrees with the requirements set forth for installation of improve-
ments 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 Ioe binding
upon both the City and the Owner.
~. CONSTRUCTION AS LOCAIs IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY - Owner's
signature hereon shall be equivalent to a petition required in Section 11.04.020 of
the Central Point Municipal Cade. If Owner does not complete the improvements
himself under provisions of paragraph III, A, above, the City may do the work as a
local improvement project following the procedures established by ordinance far
such projects and assess the cost against the property specially benefited. Per-
mission 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 facil,i.ties, 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 improvements and facilities in a manner which wall preclude any
hazard to life or health or damage to adjoining property.
City agrees to accept for maintenance those improvements specified in Section II,
excepting sidewalks, 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. Where 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, wall issue to the Owner his final. certif icate of inspection and
acceptance thereof; provided, however, the Owner shall guarantee all im-
DEFIMPRO.AG/PLANWK
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-»T~USTEE~S GEE Of IECOtIVEYANCE~.W ..~ C~A1'E~ T111E I~SI9R~t~CE CD. .-.._.__~__... = M~oFORO, aR~co~
(, ) P.O. BOX 250 - 604 W. M/~!N S7.
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KNCW ALL. MEN BY THESE I'ftESENTS, Thaf the undersigned trustee or successor trustee.`ur7~c[}]ler lhaf
certain frusf deed dated .....February 1 . , 19..~.y .., executed and delivered by
,FRANCIS J. WOLF AND .JOAN LOCWOOI}--WOLF as grAntor and recorded on
March 13, 1984, as Document No.~89-01+931 and re-~ecordcd on
..Match...14 ................................. X9.$9....., as Doctlrnent No. ..$9.-0508.6.......-.... of the Ofticia! Records a1
. JACKSON County, Oregon, conveying rea! property situAted in said courtly described as follows:
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$eginning at the quarter section corner common to Section 34, 'I`awnship 36
South, Mange 2 West and Section 3, Township 37 South, Range 2 West, Willamette
Meridian, Jackson County, Oregon, located in the City of Central Point, Jackson
County, Oregon; thence South 348,58 feet and~435.75 feet to a point on the *East
Northerly right of way of Scenic Avenue, witness by a S/8" iron rod which
bears South 8° 1S` 20" West 3.28 feet; thence along said right of way line
Snuth 70° 13' 25" East 106.75 feet to the true point of beginning; thence
continuing along said right of way Line South 70° 13' 25" East 59.64 feet
to a 5/8" iron rod which is the Southwest corner of Lot 20, Block I, Scenic
Village Subdivision; thence North, 00° 09` 39" East, 173.00 feet along the
boundary of said Block 1 to a 5/8" iron rod; thence Snuth 88° 30` 39" West
42.28 feet to a 5/8" iron rod; then. South 09° OS'. 43" West 150.23 feet to
the true point of beginning.
having received from the benefrciary under said trust dyed a written request fo recontrey, reciting that the obligation
secured by said frusf deed has been fully paid and performed, hereby does grant, bargain, sell and convey, but with-
out any covenanf or warrant}~, express or irrrplied, to the person or persons legally entitled thereto, all of the estate
held by fhe undersigned in and fo said described premises by virlue of said frusf deed.
In construing this insfrumenf and whenever fhe. context hereof so requires, the masculine gender includes fhe
feminine And neuter and fhe singular includes the plural.
IN WITNESS WHEREOF, the undersigned trustee has hereunto set Eris hand and seal; if the undersigned
is a corporation, it has caused ifs corporate name to be signed And its corporate seal to be affixed hereunto by ifs
officers duly authorized fftereunto by order of ifs Board of Directors.
DATED:...,.. June 16 89 CRAT T~'LE I,NS I2ANCE COMPANY (SEAL
BY : /L[.LL~~ ac[.i~ (SEAL)
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Isabelle Y Ong
jlf •x-cuted by ° corporation, ASSe Secretary
o!!Ex eorpoeat. reap ..-....... ....,..... --- ... .... ............ -...._ (SEAL)
Trustee
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jlf th• hvrlc• who rigor ohox• it a <orporoli on.
vr• rh• lorri of o[knawl.dgm.nl epporire.)
jORS 91.s9Gj
STA'X'.~ OF OREGON, ) CORPOF~AT~ ACrC1VOWLEDGM~ENT Q
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STAT1: OF OREGOIV, County ot..........>J.r~ckS.Qrl ....................
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County of .......................................................J T
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'~ '~r~ rrGtrpllp-appeared Eha atbave nrmed ................
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........ Personally appeared......ISab2~;~e...YOE111~ ............... .................,,....,
Asst Secretary
did aay Ehat he is fhe ................................................ of
wha bei duly arnwn
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and ecknosvled~e~;' Eire foreg°ing Jrutrumen! !o be....
, ........ a corporation, and that fl.e Baal affixed to Ehe foregoing tnstrvmenE is the
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r....!.~J........:........~.volvntary act and deed.
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corporate real of skid corporation and Ehat said inetrumen! was signed and
Board of Directors
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TRUSTEE'S DEED CaF `~
iZecorded ~ R f r kson County
RECONVEYANCE Oregon. wJounty Clerk.
8v _. Qeputy