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HomeMy WebLinkAboutImprovement Agreement 91-03971<< ~,~ ...1 ~, , { L.. E I° ~ ~ . DFFERRp.1~ 1MPROVEMEN~' ,i1GR1?EMEN`i' Property identification: Township 36 South, Range 2 West, Wi1.J_amette Meridian, Section 34D, Tax Lot 1400, Central Point, Oregon {Parcel No. 1 created under Minor Land Parti- tion, approved by City Council Resolution No. 569. THIS AgR~.F1~Nm between the CI`~Y OF CENTRAL POINT, herein after referred to as "City," and Ernest R. Strawn, hereinafter referred to as "Owner." WHEREAS, Owner desired to develop the property described in Exh~.bit "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, THERE>~`gRE, IT IS AGE2EED AS FOLLOWS: I. AGRF.FNtFAF`1' BINDING ON SUCCESSORS IN INTEREST ' This agreement is an instrument affecting the title and possession of the real property descr.ilaed 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 gwner. 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: 1. Storm drainage, street lights, curbs, gutters, street pavement, or street improvements ar any combination of the same on that portion of Old Upton Road and Upton Road benefitting Parcel No. 2, created by the 2~inor Land Partition granted via City Council Resolution Na. 569. ~afor.ementzoned referenced to Old Upton Road and Upton Road is clarified urther as County Road RTO. 5~8 C?1d-Upton Road (\o~'th) which runs £rom Raymond Way to lipton Road. C. When the City Admini_str_atax- determines that the reason(s) for the deferment no longer exist(s), 7~e shal_7_ notify owner, in writing, of terms for perfozmance of the work_ The nat.i.ce shall be mailed to the current owner ar owners of land as shown on the latest adopted county assessment rill.. All or any portion of said improvement may be r_egairec3 at a specified time. Each Owner shal7_ participate on a pro rata basis oL the cost of instal_latian of the improvements. DEFIi~1PR0 _ AG/PL71Nt~K ~~~~6~~ ! 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 far the improvements to be prepared and to submit said plans and specifications to the City Administrator far approval prior to c;ammencement of the work to be done. Such work shall be clone .~.n 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 C~.ty Adminis- trator at least forty-eight (48) hours prior to the start of work. Prior to approval of improvement plans by the Gity, Owner may be required to execute and deliver to the City, a performance band 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 ~,OCAL 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 Paint 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 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 read 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 ar 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 inspecticn and 2 acceptance thereof; provided, however, the Owner shall guarantee all im- €?E~'IMPRO . AG/PLAIVWI~ .~ , .: ~; ~ L 3 .. ,_ , ., ,,~, c .:~.-[ ~ucf~~I~ 11~= '~°_ ~1:n~u~~; ,~ :n~.:~~~c~r :n~, _;~, ix~ (, ,~, f~:'_. , e ~ J ~_.;ri c>(` It:rr, (~l ';~c~~Ir:, (~i_„~~ I <~: ~>i i.,,;i;ti~:r , cry '~~1E' j ~t : r~r~ ,_. I- i1'',~~, ~~~ i ~~`~ .u .,_;;i_tln;x ~_ I (~, i l ~j .__. r~' ~ I it t 1. ~'. ~ 1 °r-a ~C7?°~ ~<t_'~ l ],~' ~T';~ I , >;;it r,i ~-r~- I~._.,_ ~ ~ I ,. ~:,;~~~'~ >i st;c1- i~itf c V+ I. ~. ~ ~., Lam. i.ua-~~'l'~tl" )~~l l' I~lrj, !.ti_ ~_ I ~~~~(][II ~~ II _,, i'~1 ..., `~~ .,~:L1 ~. ~ ._. i!l> _ il! 11. ~; ir'?' ~ll1i~ 1'~ ~ ~, ~,_ ~ ~, 'e ~) ) I.., ~~ __ ti J 1 ir( (;~;!?1(~7~ C) ;li, i i:li.. _ ! :, ~ ~ .,t .,., 13 I. ~~;~, i •,~ i , r _ ,i~ . f L :,uccl ~, r~_IS ( ~,.. ~ ;zl .. uc;? sic ~ t,in~; I i :~h~~;i '~ :1 ,~ i_ i ~ec~ I ~~~ I .z:,?. i or., I.1I{~ ,- ... ._ i. ;~a~~ cn _. ,~ i r,~_I ~.~r ~~~JI,~ r•,_I,... ~ < ,,,:~u or,. r~tl:.' ;~n, ;;,~~ l ; r: ~7.~n, ~ .,:~~.' '. t,c ~°~? ~;C)P,:S }. ~_~~' _'7!~ ` ~_~ ~ ~'1 i;ll l"?`t'(:~. i., ~.~C.:~f f"C`I_!~,. UY~ 'r,l,; ~; C.,i.:l :l !. lL i.'i ~ ~, O' _ ~~ ~ , pot/1:IF'<,i ~ ~ _ IV. ~ ~ 1',I; t ~ ~~._L5 s I mill' ~ ~ _ ~ ~) 7 < 1 ~' ~ -, ._,.b _.. ~. ~ ~ / `~.. C+~~I'_7Fa`?' i C.~T'Y cap .~°~?n!~ C i r~~i~ ~ L ~' ~ ~ ' ~ __ . __;~. ~ X35' ~~ ~ r~ ~ _ ( ~ ' ,.~~, . ~ - 11 ,~.~ ~` ;~~ ,, ._ :. , , Y ' ,_ _ ~ - - r . , , ! ;;. .. ,. i~ ~:~~ ~r:; ~ ~~;-~ ff ~._. ~E, ).AGjPhF.~rP;~ MINUR LAND PARTITIQN ~ Loco#ed }n SE I/4,Sectian 34,T.36S.,R.2W.,W.M. ~ City of Central Point , Jackson County ~,~~ 50 [,~3 4, ore gan ~ .,_ Survey for : Ernest R. Strawn 4964 Upton Raad Cen tra / Poln t ,Oregon 97502 Survey by Boyden Surveyors l08 M~st/e t oe ~ladford . Oregon 9T50/ Novamber 5 1990 st~BVEYOR_~__ ~~EZTI~I..~ TEs: 3crc~sc~n sru~i~~, C7~ego,-t l~~eardec~ ~~FE~}~~. ~c~~:s ,,- Kd,TFi~.~E~ S. 6~C~8T~{' ' ,..f~~~ r~n~ !~" Q#ZI~~R I, Mark ~:. }3ayrlen, a duly Registered Survnynr of the State of Oregon, c3o hereby certify that this map correctly represents a survey shade by me and complies wit}-, the regulations for Minor Land Partitions and the following is ar, accurate description of the tract of land set forth hereon: Commencing at tha Southeast ca.rner of Donation Land Claim No. 57, Township 36 South, Rarsge 2 West of the Willamette Meridian in Jackson County, Oregon; thence along t}3e South boundary of said Claim, North 89Q 56' 20" }lest, 953.20 fCCt; thence South 00 03' 40" West, 20.00 feet to a 3/9" iron pin found an the South boundary of. Old Upton Road for the `~f2UE POINT OF 13~:GINNING; l:lZence South 00 03' 90" West, 1.5D.00 feet; thence South 290 91' 30" East, 206.65 feet to intersect the Northwesterly right-~of--way :line of relocated Uptors Road; thersce along sand road line on the arc aL a spiral curve right (the ctinrd bears North 360 28' 30" East, 2D5.11 feat); thence continue along said road line on a spiral curve right {the long chord bears North 480 32' 34" ~~ East, 214.83 feet) to a point o~.posite from centerline P.S.C. ~ " ~' - ~ Station 27+90.51; thence at r.igYrt angles to said centerline Station - ~ , North 310 33' West, 2;.;.'77 lent to the South boundary of Old Upton Road; ~ 5?f thence along said Old UpLori E~odd boundary, Nart}~, 890 56' 20" West, ~~ 156.69 feet to the Northeast corrser of tract described in Instrument ` Na. 90-18825, said 0#:ficial E~ecords; thence South 00 32' 23" East, 150.00 feet to t~"~e Soutk~east turner of said tract; thence North 890 56' 20" West, 80.00 fe~:t to the Southwest corner of said tract; thence South 00 32' 23" Last, 1.7.81 feet; thence South 790 59' 32" West, 95.94 feet; tY,~~rice Idarth 29a 91' 30" West, 15.89 feat; thence North 00 03' 90" ~;a~~t, Z4~1.69 iett to the South t,ounc3ary of OId Upton goad; ther,Ce along s:~wd ru;~d boundary, North 890 5b' 20" West, 20.00 feet to the TRUE POIN`i' 0}' E~~:GINNING. SUB,7EGT TO an easninent. ter 'aunty Road purposes 10 feet wide across the most-Northerly Nurth boundary of the hereinbefore described parcel. 7 Surveyor _~....,_......w._, -- ~ > ' ~' U.== 'w i ' _. G ~ ~.