HomeMy WebLinkAboutSatisfaction Improvement Agreement 96-20775Jackson County Official Records 2016-002529
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CENTRAL 01701698201600025290010017
POINT Christine Walker, County Clerk for Jackson County, Oregon, certify
that theinstrument identified herein was recorded in the Clerk
records.
Christine Walker - County Clerk
January 11, 2016
SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT
For
Paul & Roseann Wagner (Parcel 1)
372W 10DC, 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 Paul and Roseann Wagner entered into on June 20,1996.
City of Central Point, January 2016
Property located in the Township 37, Range 2W 10DC of the Willamette Meridian,Parcel No. 1.
Recording Number: 96-20775
Recording Date: 06/21/1996
IV(//%%%'7 1-116
Matt Sore Date
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
On the �j �V-, day of Janurary, 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.
~~ OFFICIAL STAMP Notary Public for Oregon
KAREN ROESER M Commission Expires: I 1-11 1- 11
NOTARY PUBLIC OREGON Y P
COMMISSION NO. 921764
MY COMMISSION EXPIRES NOVEMBER 14, 2017
140S.3 rd Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384
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1,MVVRANDUM OF
F DEFERRED IMPROVEMENT AGREEMENT
1. Date of Agreement: c21)
2. Names of Parties to Agreement: City of Central Point,
Oregon; and Paul Wagner and Roseann Wagner, Husband and wife
3. Legal Description of Real Property Affected:
D99CRIPTION D8' PARCUL N0. 1
(TAX LOT NO, 37 2W 16 DC - 168)
Commoncing at the Noxthe"t corner of Donation Lond
Claim No. 66, Townahl.p 37 South, Rango 2 Woot of the
W111amet " Msridian in Jackson County, Aragon; thence along
thn cantar.lin® of Beall Lane, North 890 53` 11" West, 32,15
fQQt, thonna to and along the Westerly right-of-way line of
Snowy $utto Lane, North 6a 01l 49+1 W(ast, 351,18 £est to the
Northeast corner of tract dQncribed in Instrument No. 79-
25483 of tho Official RQcovdO of said County) thanoo along
tha Northerly boundary of Bald tract, North 890 53' 11" Went,
95.90 foot toQIN7 �� DEdINNFNLr� thence continuo
along maid tract boundary, North 89° 53, 11" Weat, 147.83
feet to the Northwest COriler thereof) thence along tltia Weet
boundary of said tract, South 01 01, 48" hast, 381.16 Leet to
the Northwest corner of parcel described In Inatrument No,
92-36856 of said Official Records; thence South 843° 53' 11"
>:aet, 56.88 feat to the Northeaat corner of said parcel)
thence along the Lasterly boundary of parcel, South
8° 91 48" iaot, 1.88 feet t0 1nteersect the relocated
NurLhexly lir=e of aald Beall Lanb; CYicrice pac,=iy
aald lana 1lne, Sauth 09° 53' 11" Beat, 97.83 feet) thence
North 8° 01' 46" Meat, 302.10 Leet to TN E.. TRUE ___POI.N'T
D 1NNIN4,
1 - MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT (06896)
!j(; -'A"07-75
4. Nature of Interest Created by Agreement: Requires
Owner, or successor in interest, to construct and/or install
certain specified improvements, in certain manner, at own
expense, at some future time to be determined by City of Central
Point.
5. True and Actual Consideration: Other consideration.
Paul Wagner _ seann W gne -
STATE OF OREGON
ss.
County of Jackson )
`-
On the
'7)b day o fL�jJ� -1 , 19 9 6 , personally
appeared before me the abo e -named Paul Wagner, and acknowledged
the foregoing instrument to be his voluntary act and deed.
w OrFICIAL SEAL
DONNA DARNELL
NOTARY PUBLIC - OREGON
Cr'OM+MIS14S 1ICN N0103M
fAY Ci�hh4IS53fi;31 IX't�;��i,�t�, i1`,1
STATE OF OREGON
kin � kL�' "
Notary Public for Oregon,/ GG
My Commission Expires: 7/g6+
) ss.
County of Jackson )
On the 6� day of 1996, personally
appeared before me the above-named Roseann Wagner, and
acknowledged the foregoing instrument to be her voluntary act and
deed.
ark=C�ALSIrAL Notary Public for Oregon
�.. %
. ,
DONNA DARNELL r /
NOTARYPUBLIC-OREGC)4 My Commission Expires:
C0MM!SSV,4 N0.036i-32
2 -- MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT (061896)
City of Central. Point, Oregon
By QZ
Mayor Rusty McGrath
Authoriz Representative
STATE OF OREGON )
ss.
County of Jackson )
On the 20 day of June, 1996, before me personally
appeared Rusty McGrath and Sandy Lommel, who, being first duly
sworn, each for himself and not for the other, did say that the
former is Mayor of the City of Central Point, and the latter is
the authorized representative of the City of Central Point, an
Oregon municipal corporation, and that the foregoing instrument
was signed on behalf of said municipal corporation by authority
of its City Council, and each of them acknowledged the foregoing
instrument to be his or her voluntary act and deed.
.,
0'F0 !AL SEAL
i /I r RC1 p 0-- OREGON
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�Y�1 ��Y�'�f1Yi���i�Y2 k—✓:3`CS s{,:.iJ )`t�T,:S�I, I/J, {�i3�pY
Notary Public for Oregon
My Commission expires:
�t33i 6uniVr 6
Recorded
OFFICIAL, WoRr)g
JUN 2 f 1996
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3 - MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT (061596)
DEFERRED IMPROVEMENT AGREEMENT
This agreement made by and between Paul Wagner and Roseann
Wagner, husband and wife, hereinafter referred to as "Owner", and
the City of Central Point, Oregon, a municipal corporation,
hereinafter referred to as "City".
Recitals
1. Owner is the owner of real property located at 1.772
Beall Lane, Central Point, Oregon, which property is fully
described as follows:
DESCRIPTION OP PARCEL NO. 1
(TAX LOT No, 37 2W 10 DC -^ 190)
Commancing at the Northeaat corner of Donation Land
Claims No. 66, Townehi.P 37 South, Range 2 wort of the
Willamette Meridian in Jackson County, Oxagon) thence along
the cantnrlina of Bem.11 Lane, North 890 531 1111 Went, 32.15
fQQtF thonae to and along the westerly right-of-way line of
Onowy Butte Lano, North 00 Olt 4911 West, 351.18 feet to the
Northeast COrher of tract deocribad in Instr%imant No. 79-
25403 of the Official. RQCorda of acid Countyl thahcc along
t1is Northerly boundary of maid tract, North 890 531 1111 Went,
95,00 fact to11iF.,�Q±-OE 8E0INNINC;r thence continue
along said tract boundary, North 890 53' 11.11 Weat, 147.83
feet to the Northweat corner ttleraot; thence along the west
boundary of maid ti:act, South 0* 01' 4011 Zant, 391.10 Laet to
the Northwbat corner of parcel debaribed in Inatrument No.
52-36656 oL maid official Records; thence South 89' 531 1111
}vast, 50.H8 feet to the Northeast corner of said parcel)
thence along the talc terly boundary of Parcel, South
60 01' 40" East, 1.80 Leet to lntvxsect thI- relocated
Nuxtlsvtly 41yhL-cif-way lllie of aald Derall Lana/ theilos+ alvny
Bald lane line, 3outil 09° D3' 11" East, 97.03 Ceet� thence
NoLth S' 611 4611 West, 302.1.9 feet to =
1 DEFERRED IMPROVEMENT AGREEMENT (061.896)
2. Owner has applied for a land partition and City has
reviewed and considered such application.
3. In reviewing Owner's application, City has determined
that as one of the conditions of approving said proposed
development, it is reasonable and necessary that Owner construct
and/or install certain improvements, and that without such
improvements the application for the development would be denied.
4. City has further determined that immediate construction
and/or installation of the necessary improvements is not
practical at the present time.
5. Owner agrees that said improvements are reasonable and
necessary and that he or she will install them at the time and in
the manner hereinafter provided.
Now, therefore, based on the foregoing and the mutual
promises and covenants contained herein, it is agreed as follows:
Agreement
1. Improvements to be Constructed or Installed. Owner
agrees to construct and/or install the following improvements at
the time and in the manner specified herein:
Connect existing residence to sewer line which has been
stubbed out on the eastern boundary of the described
property to City standards and specifications.
2. Time of Making Improvements. The parties agree that
City shall determine, in its discretion, the time for
construction and/or installation of the improvements. There
shall be no specific limitation as to when the City may require
the improvements be made, except that they shall not be required
to be made before the described property undergoes a change of
ownership, either by sale or death of owner. Owner specifically
understands that after such time, City may demand performance at
any time, and owner agrees to perform upon such demand.
At such time as City determines the improvements shall be
made, City shall cause written notice to be sent to Owner at the
street address of the subject property. Such notice shall inform
Owner (which term includes any successors in interest to Owner)
that the improvements shall then be made, and such notice shall
set forth the time requirements deemed proper by City for
submission of plans, start of construction, bonding requirements,
if any, completion of construction, and any other provision
deemed necessary by City. Owner shall then proceed, according to
the time schedule set forth by City, to submit plans, and after
approval thereof by City, to commence and complete the
construction and/or installation of the improvements.
2 - DEFERRED IMPROVEMENT AGREEMENT (061896)
3. Responsibilities of Owner. Owner shall be responsible
for the following:
(a) Preparing plans for the improvements and
submitting the same to City for approval;
(b) If required by City, in City's discretion, posting
a performance bond in an amount and form deemed sufficient by
City, to be released upon satisfactory completion of the project
and acceptance thereof by City;
(c) Construction and/or installation of all
improvements specified herein;
(d) Payment of all applicable fees, including, but not
limited to, engineering deposits, permit fees and inspection
fees; and
(e) Owner shall notify City, at least 48 hours prior
to commencement of the work, of Owner's intention to commence
work.
4. Quality of Work All improvements shall be constructed
and/or installed in conformance with all applicable City building
standards and codes, shall be done in a workmanlike manner, and
City shall have authority to inspect the work as it progresses.
City shall also have authority to modify the design of the
project as work progresses.
All improvements shall be free from defects, and Owner is
deemed to have guaranteed the work to be free of defects for a
period of two years from the date of issuance of the final
certificate of acceptance of the work. If during such two year
period City determines that repair or replacement of all or part
of the improvements is necessary, City shall, so notify Owner and
Owner or its agent shall effect the necessary repair or
replacement.
S. failure of Owner to do Work Required. In the event that
Owner fails to timely complete the work in any manner required
herein, City may, at its option, determine to construct and/or
install, on its own, the improvements specified herein. In that
event, City may accomplish the work and then assess the cost
thereof against the subject property, in the same manner as City
assesses costs against properties benefited by local improvement
districts pursuant to Central Point Municipal Code Chapter 11.04.
Owner is deemed to have consented to City entering onto the
subject property, as necessary, to construct and/or install the
improvements.
3 -- DEFERRED IMPROVEMENT AGREEMENT (061896)
6. Agreement Binding on Successors in Interest. This
agreement shall run with the land and b
q e binding upon all
successors in interest of both parties. It is specifically
understood that a memorandum of this agreement will be executed
by Owner and recorded so as to notify all third parties of the
existence of this agreement and the nature of the obligations
contained herein.
7. City Council to Decide Disputes. Should Owner disagree
with any of the discretionary decisions or requirements made by
City hereunder, Owner may have such decision or requirement
reviewed by the City Council. Owner shall notify the City
Administrator, within 10 days of Owner's receipt of such decision
or requirement, that he or she seeks review by the City Council.
The City Administrator shall then place the matter on the agenda
of the next City Council meeting, and the Council shall rule on
the matter at that time. Both parties agree to be bound by the
decision of the City Council.
8. Attorney Fees. In the event either party shall take any
action to enforce or interpret any of the terms of this
agreement, including rescission, the prevailing party shall be
entitled to recover from the losing party reasonable attorney
fees, including those incurred in any appeal, if any.
9. Disclosure of Representation. This agreement has been
prepared by Douglas M. Engle, a lawyer representing City only.
Owner acknowledges having had an adequate opportunity to consult
a lawyer of his or her own choice before entering into this
agreement.
EXECUTED IN DUPLICATE this day of �2a4lt-�
1996, each party retaining an original.
OWNER CITY OF CENTRAL POINT
BY By
Paul Wagner Mayor Rusty McGrath
By
Ro eann Wagner
4 - DEFERRED IMPROVEMENT AGREEMENT (061896)
STATE OF OREGON
) ss.
County of Jackson )
On the
day of � (vl� , 1996, personally
appeared before me the above-named Paul Wagner, and acknowledged
the foregoing instrument to be his voluntary act nd deed.
f OFFICIAL Sr -AL
OFFICIAL
DONNA DAR FL4_
TJ OTARY PUB LIC - Q 4 F-Gok1
Cowo.ISSIONN1a.0Z/DG32 Notary Public for Oregonl J
r�lYGC1nMl�ja!4�Nli3��1,+°'� My Commission Expires: !►
STATE OF OREGON
ss.
County of Jackso )
On the 6:2�6 day of 1996, personally
appeared before me the above-named Roseann Wagner, and
acknowledged the foregoing instrument to be her voluntary act and
deed.
'
(�O�qFtf gICqnJIA1> ELLLSEAL
dJV�4NA AR
NOTARY PUBLIC - ORF 0 N,I
MY (,Q,'AW,=N I ,XP UIM JAN, I t, <ve <
Y
STATE
OF OREGON )
ss.
County
of Jackson )
/'d
90'v�
Notary Public for Oregon
My Commission Expires: '%17 9
On the ._,�20 day of , 1996, personally
appeared before me the above named Rusty McGrath, Mayor of the
City of Central Point, Oregon, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of
Central Point.
1. .�
JFF�CIALSEAL Notary P is for Oregon
NOTARY 3ANOPUBLICOOREGON My Commi ion Expires: / / ,� wgcj
COMMISSION NO. 048137
MY CQ'NA4!SS!ON EXPIRES Nov. 8, T989
5 - DEFERRED IMPROVEMENT AGREEMENT (061896)