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Home My WebLink AboutSatisfaction Improvement Agreement 96-15360January 11, 2016 SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Brian and Lori Lowe 372W10DC, 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 Brian and Lori Lowe entered into on April 30,1996. City of Central Point, January 2016 Property located in the Township 37, Range 2W 10DC of the Willamette Meridian, Parcel No. 1. Recording Number: 96-15360 Recording Date: 05/13/1996 gai Matt Samitore Date City of Central Point STATE OF OREGON) )ss. County of Jackson ) On the "l\+h 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 KAREN ROEBER NOTARY PUBLIC - OREGON COMMISSION NO. 921764 MY COMMISSION EXPIRES NOVEMBER 14, 2017 �G� R� Q�_ Notary Public for Oregon My Commission Expires: 140S.3 rd - Central Point, OR 97502 - 541.664.3321 - Fax 541.664.6384 Jackson County Official Records 2016-002528 R -RAG Cnt=1 SHINGLJS 01 /29/201610:43:18 AM S5 00 $10.00 S5 00 $8.00 $11 00 Total:$63.00 � s20 00 Sa.00 CENTRAL POINT 01701696201600025280010011 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the instrument identified herein was recorded in the Clerk. records Christine Walker - County Clerk January 11, 2016 SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Brian and Lori Lowe 372W10DC, 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 Brian and Lori Lowe entered into on April 30,1996. City of Central Point, January 2016 Property located in the Township 37, Range 2W 10DC of the Willamette Meridian, Parcel No. 1. Recording Number: 96-15360 Recording Date: 05/13/1996 gai Matt Samitore Date City of Central Point STATE OF OREGON) )ss. County of Jackson ) On the "l\+h 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 KAREN ROEBER NOTARY PUBLIC - OREGON COMMISSION NO. 921764 MY COMMISSION EXPIRES NOVEMBER 14, 2017 �G� R� Q�_ Notary Public for Oregon My Commission Expires: 140S.3 rd - Central Point, OR 97502 - 541.664.3321 - Fax 541.664.6384 DEFERRED IMPROVEMENT AGREEMENT This agreement made by and between Brian and Lori Lowe and Paul and Roseann Wagner, 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 the corner of Snowy Butte Lane and Beall Lane in Central Point, Oregon, which property is fully described as follows: CoMmeneing at the Southwest corner of Lot "R" of the SNOWY BUTTE ORCHARDS in Oackson County, Oregon, according to the official }plat thereof, now of record; thence North along the West line of said Lot, a distance of 30.0 feet to the North line of the County Road (known as Beall Lane), at a 1 I/4" iron pipe; thence South 89°59' East, along the North line of said road, a distance of 196.93 feet to the true point of beginning; thence North, parallel with the West line of said Lot, a distance of 321.10 feet; thence South 89°59' East, parallel with the South line of said Lot "R" a distance of 252.77 feet to the East line of said Lot, being the center line of .a 20 foot roadway; thence South, along said line 321.10 feet to the North line of the County Road (known as Beall Lane); thence North 89,59' West, along said road line, a distance of 252.77 feet to the true point of beginning. LESS AND EXCEPT that portion described as follows: Beginning at a 5/8" rebar located on the Northerly right-of-way line of Beall, bane at the Southeast Corner of JACKSON CREEK ESTATES SIBDIVISION, UNIT NO. 4, a recorded subdivision; thence along said Beall Lane right-of-way line, being 30.00 feet Northerly at right angles from said lane centerline, South 69°53111" East, 50.00 feet; thence North 0°01'40" West, 20.00 feet; thence North 89153111" West, 50.00 feet to intersect the Easterly boundary of said subdivision; thence South 0101140" East, 20.00 feet to the point of beginning. 2. Owner has applied for a land partition of the property into two parcels and City has reviewed and considered such application. 3. In reviewing Owners 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. 1 - DEFERRED IMPROVEMENT AGREEMENT (040996) 96-15360 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: Widening of Beall Lane adjacent to property to $$-foot right-of-way and 50 feet of pavement (Owner responsible only for improvements on the north side of Beall Lane). Includes street, curb, gutter, sidewalk, storm drainage, signage, bike lanes and related street improvement. 2. Time of Makin Im rovements. 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 project to widen Beall Lane commences. 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. 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; 2 - DEFERRED IMPROVEMENT AGREEMENT (040996) (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 owners 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. 5. 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. 6. Agreement Bindin on Successors in Interest. This agreement shall run with the land and be 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 3 - DEFERRED IMPROVEMENT AGREEMENT (040996) 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 --31�— day ofd, , 1996, each party retaining an original. OWNER K By Brian Lowe Lori Lowe Y Paul Wagner Rdseann Wagner6 STATE OF OREGON CITY OF CENTRAL POINT By Mayor Rust McGrath ) ss. County of Jackson ) On the MdaV of , 1996, personally appeared before me the above--na ed Brian Lowe, and acknowledged the foregoing instrument to be hi voluntar act and deed. OFFJQ€AL SEAL v. I:ONNADARNELL N tary Public for Oregon NOTARY PUBLIC -OREGON t �; CO��tbhi,S€oNN�J.fl�:C9v2 My Commission Expires: 1 �] 4 - DEFERRED IMPROVEMENT AGREEMENT (040996) Recorded OFFICIAL RUCORD9 Y 13 j STATE OF OREGON I� County of Jackson } Counly clorx On the LL— day of , 1996, personally ?" appeared before me the above -n med Lori Lowe, and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL SEALJ6 4ef d i elf DONN NOTARY PUBLIC -OREGON Notary Public for Oregon CC'MMISSIQNN10.o3�3e2 My Commission Expires: iL99- I 9`{ G'0"'f,IM .� !C',f r;i' -Ir��i lA�}. 9 i i�03 STATE OF OREGON ) ss. County of Jackson ) On the day of Q, 1996, personally appeared before me the above- amed Paul Wagner, and acknowledged the foregoing instrument to be his voluntary act and deed. OFF; -IAL SEAL I ." ° `• DONNA DARNELL. �-10TARI'PUBLIC-OREGON No ary Public for Oregon CCnshxl�SipNlo!fJ.0308S2 �,tGptiu; rX„^JiAd,1t>� My Commission Expires: '117 STATE OF OREGON 7 ss. County of Jackpsoon- ) On the /7 day of 1996, personally appeared before me the above-na ed Roseann Wagner, and acknowledged the foregoing instrument to be her voluntary act and 1 OFFICIAL SEAL DARHELh 1 `.•^_01” P�0TA� E. YPUaLIG-ol�l GoN Notary Public for Oregon � Q JAN: ii jvpa My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) On the ;3() day of Ox�� , 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. OFY J L6M Notary Pu lic for O e....on �1£+I�Y ,1 L.QMMIL Y g NOTARY PUBLIC OREGON My Commission Expires: COMMISSION NO. 0480137 My COMMISSION WIR€S NOV. S, I999 tY 5 - DEFERRED IMPROVEMENT AGREEMENT (040996)