HomeMy WebLinkAboutSatisfaction Improvement Agreement 89-09381October 18, 2016
AX
CENTRAL
POINT
Jackson County Official Records 2016-034486
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I, Chrbdne Wallow, county Clerk for Jackson County, Oregon, "rely
Nat the im"o ent Idandfled herein visa recorded In Me CNrk
fecOrde. Christine Walker -County Clerk
SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT
For
A Joint Venture
Michael Moran & Robert Hayes
372W3DD9406, 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 Michael Moran & Robert
Hayes entered into on February 17, 1989.
City of Central Point, October 2016
Property located in the Township 37, Range 2W 3DD of the Willamette Meridian, Tax Lot 9406
Recording Number: 89-09381
Recording Date: 05/08/89
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Matt Samitore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
Date
On the ALlay 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.
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NOTARY PlIBLN`.ONEOON
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DEFERRED IMPROVEMENT AGREEMENT
37 21;I 3DD, TL 9406 (Legal description attached
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THIS AGREEMENT between the CITY OF CENTRAL POINT, herein after referred to as
"City," and
A Joint Venture Michael. Moran and Robert Bayes
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.
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. Owner agrees to construct the following improvements in the manner set forth
in this agreement:
Storm drainage systems, bikepaths, sidewalks, curbs, gutters
paving and street improvements and streetlights that may
benefit the herein described poperty.
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 adopted county assessment roll. A11 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.
DEFIMPRO.AG/PLANWK I,
89-09381
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 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 bond in an amount and form accepta-
able 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 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 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 equivalent to a petition required in Section 11.04.020 of
the Central Point Municipal Code. 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 for
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 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 improvements 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 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, will issue to the Owner his final certificate of inspection and
acceptance thereof; provided, however, the Owner shall guarantee all im-
DEFIMPRO.AG/PLANWK
89-09381
provements to be constructed in a workmanlike manner and to be free of de-
fects for a period of two (2) years from the date of issuance of
the final certificate and acceptance. If, in the opinion of the City Administr
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 a
it shall be the responsibility of said Owner to construct the necessary repair
replacement. If such construction is not accomplished in a timely fashion, the
City may construct or contract for such construction, and the Owner shall be
responsible for all costs incurred. Assessment for such construction shall be
provided in Part
DATED this 17th day of February —, 19 89 .
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CITY OF CENTRAL POINT
. ... ......
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BY.
SUBSCRIBED AND SWORN To before me this lith day of February r 19 89,
by Robert W. Hays and Michael J.Moran
M.
3-22-91 1')3, Q
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SUBSCRIBED AND SWORN TO before me this day of
David Kucera
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Notary Public for Oregon
My Commission expires
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EXHIBIT "Ass
Commencing at the northeasterly corner of Lot 1, Block 14 of
the City of Central Point, Jackson County, Oregon, thence South
35030' East, along the easterly line of said Lot, 166--2/3 feet
to the true point of beginning; thence continue South 35030' East,
along the easterly lime of Lot 1, a distance of 53-1/3 feet to the
northeasterly corner of that tract described in deed recorded as
Document No. 70--00523 of the Official Records of Jackson County,
Oregon; thence South 54030' West (record South 54051130" West)
along the northwesterly line of said tract, 110.0 feet to the
center line of vacated alley; thence North 35030' West, along
center line of said alley, 10.0 feet; thence South 54130' West
10.0 feet to the southeasterly corner of Lot 10 in said Block;
thence North 35°30' West, along the easterly line of Lots 10 and
9, a distance of 43-1/3 feet to a point that is South 54°30' West
from the true point of beginning; thence North 54030' East 120.0
feet to the true point of beginning.
(Code 6--2, Account #1r-14119-6, Map #372W3DD, Tax Lot #9400)
(Code 6-2, Account #1-62612-7, Map #372W3DD, Tax Lot #9406)
Jackson County, Oreg=
Recorded
C?FMCIAL RECORDS
MAY 8
KATHLEEN S. BFCKb2TR
CILPIR RD
' Dept",