HomeMy WebLinkAboutSatisfaction Improvement Agreement - 95-13212-purgedNovember 1, 2016
Jackson County Official Records 2016-036153
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I, Christine Walker, County Clerk for Jackson County, Oregon, ce"
Mat Me Instrument Identified hemn was recorded in the Clerk
records. Chnstine Walker- County Clerk
CENTRAL
POINT
SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT
For
3363 Marilee 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 Michael and Janet Sowell
entered into on May 17, 1995.
City of Central Point, November 2016
Property located in the Township 37, Range 2W Section 11DA of the Willamette Meridian, Tax Lot 400
Recording Number: 95-13212
Recording Date: May 18, 1995
111 thf, tf_fe if /- /(� 2
MattSamitore Date
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
On the Lay of November, 2016, personally appeared before me the above-named, Matt Samitore,
and acknowledged the foregoing instrument to be the voluntary ad and deed of the City of Central
Point.
�J
ler ales
Notary Public for Oregon
OFFICIAL STAMP
My Commission Expires: Olq
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CYNTHIA A Mal e
j� NOTARY PUBLWAMOON
COMMISSION NO. 11111111111111111112
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MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT
1.
Date of Agreement: Ma V 17 1995
2.
Names of Parties to Agreement: City of Central
Point,
Oregon;
and Michael and Janet Sowell
3.
Legal Description of Real Property Affected:
That tract or parcel of land situated in Donation Land Claim No.
58, Township 37 South, Range 2 West, Willamette Meridian, Jackson
County, Oregon, more fully described as £ollowei Commencing at
the Southwest corner of Donation Land Claim No. 58, said Township
and Range; thence North 00 04' 40" West (record North), 963.60
feet, along the center line of Bureell Road and the West line of
said Donation Land Claim No. 58; thence North 89° 55' 20" East
(record East), 30.0 feet, to the East line of said Bursell Road;
thence South 0° 04' 40" East (record South), 183.50 feet, along
said East road line; thence South 89° 56' 00" East (record East),
767.30 feet, to the true point of beginning, being on the North
line of property described in Volume 421, Page 100, Jackson
County, Oregon, Deed Records; thence North 00 04' 40" West (record
North), 183.50 feet; thence South 89° 56' 00" East (record East),
450.00 feet; thence South 01 04' 40" East (record South), 183.50
feet, to the North line of property described in Volume 330, Page
119, said Deed Records; thence North 89° 56' 00" West (record
West), 450.00 feet, along the North lines of property described in
said Volume 330, Page 119, and in Volume 424, Page 100, said Deed
Records, to the true point of beginning.
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.
Michael Sowell
JdrlInt Sowell
STATE OF OREGON }
) ss.
County of Jackson }
On the _-7..__ day of 1995, personally
appeared before me the above -n e Michael Sowell, and
acknowledged the foregoing inst ument to be his voluntary act and
dee
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i; SANDY J
\f : >rUtr�lsslo I.,c, aCC;°sF5 NotaryP lic for Oregon
MYCC)MMtSSJO EXPJRES OVvs,»y5 My Commi cion Expires:��f/-,�- �s
1 - MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT (041995)
95-13212
STATE OF OREGON )
) ss.
County of Jackson )
On the -L1-Z_ day of , 1995, personally
appeared before me the above-na Janet Sowell, and acknowledged
the foregoing instrument to be her voluntary act and deed.
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onNotaryP is or
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Jackson County, Oregon
Recorded
OFFICIAL RECORDS
I W,A T 1 81995 P M
Kf, s HL.EEN S. BECKE T T
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2 — MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT (041995)
DEFERRED IMPROVEMENT AGREEMENT
This agreement made by and between Michael and Janet Sowell,
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 3363
Marilee Street, Central Point, Oregon, which property is fully
described as follows:
That tract or parcel of land situated in Donation Land Claim No.
58, Township 37 South, Range 2 West, Willamette Meridian, Jackson
County, Oregon, more fully described as followai Commencing at
the Southwest corner of Donation Land Claim No. 58, said Township
and Range; thence North 00 04' 40" West (record North), 963.60
feet, along the center line of Bursell Road and the West line of
said Donation Land Claim No. 58; thence North 89' 55' 20" East
(record East), 30.0 feet, to the East line of said Bureall Road;
thence South 0' 04' 40" East (record South), 183.50 feet, along
said East road line; thence South 890 56' 00" East (record East),
767.30 feet, to the true point of beginning, being on the North
line of property described in Volume 424, Page 100, Jackson
County, Oregon, Deed Records; thence North 0' 04' 40" West (record
North), 183.50 feet; thence South 89' 56' 00" East (record East),
450.00 feet; thence South 0° 04' 40" East (record South), 183.50
feet, to the North line of property described in Volume 330, Page
119, said Deed Records; thence North 89° 56' 00" West (record
West), 450.00 feet, along the North lines of property described in
said Volume 330, Page 119, and in Volume 424, Page 100, said Deed
Records, to the true point of beginning.
2. Owner has applied for tentative plan approval for a two -
parcel 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.
S. 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.
1 - DEFERRED IMPROVEMENT AGREEMENT (041995)
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:
Sidewalk from the southwest corner of Parcel No. 2 to
the northeast corner of Parcel No. 2.
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 such time as Parcel No. 2 is partitioned,
subdivided, or otherwise developed. 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;
(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
2 - DEFERRED IMPROVEMENT AGREEMENT (041995)
(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.
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 Binding -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
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.
3 - DEFERRED IMPROVEMENT AGREEMENT (041995)
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 �/fz day of ,
1995, each party retaining an original.
OWNER
Michael A. Sowell
Ja"et M. ,Sowell
i'
J
STATE OF OREGON }
} ss.
County of Jackson )
CITY OF CENTRAL POINT
By
Mayor Rusty 14qrath
On the / �7 day of , 1995, personally
appeared before me the above-nampp—Michael A. Sowell, and
acknowledged the foregoing instr ment to be his voluntary act and
deed.
OfiEICIAL SEAL
w4:fa SANDY J. L{7MMEL
NOTARY PUBLIC - OREGON Notary Pu is f r Oregon
it t ,;,fSSiON PIO- A00939 M COmma ion Expires:
'tel MYCOMMiSSIONEXFIRESNOV3,1995 y p
STATE OF OREGON )
Ss.
County of Jackson )
On the Z? day of , 1995, personally
appeared before me the above-na Janet M. Sowell, and
acknowledged the foregoing instrument to be her voluntary act and
deed.
z, n
L
Notary P li for regon
�,i ,s,l I .0�34>s My Commission Expires:MWSSIONEXPIRESNOV5,1995
4 - DEFERRED IMPROVEMENT AGREEMENT (041995)
STATE OF OREGON )
) ss.
County of Jackson )
On the �_ day of , 1995, personally
appeared before me the above-na ed 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.
0111CIA1 SIAL
.-� SANDY J. Notary P is for Oregon cc>>K.n lsslo Y r :l. goo>s � My Commi cion Expires. ii wE- 2,S
14'/COM&',iSSIONEY,PIRES,NOY
5 - DEFERRED IMPROVEMENT AGREEMENT (041995)