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HomeMy WebLinkAboutImprovement Agreement 91-03970.~? 4 ~~ d DEFERRED IM3'~20V1,~SENT AGRI.EMEN'I' Property identification: Township 36 South, Range 2 West, Willamette Meridian, Section 34D, Tax Lot 1400, Central Point, Oregon {Parcel No. 2 created under Minor T,and Parti- tion, approved by City Council Resolution No. 569. THIS AGREEMENT between the CITY 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 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 itxtprovements as herein prava.ded; NOW, THEREFORE, iT I5 AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IN IN`T`EREST This agreement is an instrument affecting the title and possession of the real property described in F...xhibit "A". All the terms and conditions herein i~rposed 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 ar 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 faith a.n 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 tha.s agreement: 1. Storm drainage, street lights, curbs, gutters, street pavement, ar street improvements or any combination of the same on that portion of Old Upton Road and Upton Road benefitting Parcel No. 2, created by the Minor Land Partition granted via City Cauncii Resolution No. 569. ((aforementioned referenced to 01d Upton Road and Upton Road is clarified further as County Road Na. 5~+8 Old-Upton Road (North} which runs from Raymond tJay to Tipton Road. C. When the City Administrator determines that the reason(s) for the deferment na 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. All 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 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 wark 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 wark 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 xequired by the City inc]_uding, but not limited to engineering deposits, permit fees and inspection fees. Owner shall notify the City Adminis- trator at least forty-eight {48) hours priar to the start of wark. 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 farm accepta- able to the City, to be released by the City in whole ar in part upon the City's final acceptance of the wark 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 sha11 be binding upon bath 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 11.0.020 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 ar 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 1mprOVement5; tO r1SStIT11P_ reSpQT}~Yy~i311-y fur F}la ns^pr~ar fi3nrYtinni_nrr tl-;eren~F to submit plans to the appropriate City agency fur review if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life nr 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 certif icate of inspection and Y acceptance thereof; provided, however, the Owner shall guarantee all izn-- DE~'I~SPRO. AG/PLANWK ~...T .E "`~ l1 a~ .7 f LJ provements to be constructed i.n a workmazy].ike manner and to be free of de- fects far a period of two (2) years from the date of .issuance of the final certificate and acceptance. If, in the opinion of the City Ac~ministra-- tor, it shall be necessary to repair or replace all. ar part of such. improvement within sand two-year period, the City Administrator shall so notify the Owner and it shall be the responsibility of said Owner to construct the necessary repair or replacement. If such construction is not accomplished S.n 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 as provided in Part IV. DATED this ~~`~ day of J.9~~. OWNER CITY Off' CENT~2AT, ~'OINT _ ..., _.. / / a ,~`` ~ 1,.~~P~r4~l ]-~ ~.~I~LIi~sJ~ .;r B~ ~ ~ ~ , ... ,..._...~. ' `~~ '. S~}BSC,RI~3ET~ ~13~ SWORN TO b fare me this ~~ day of 13 Qf , .b~°, ::;~ - and Natary Pub f Oregon ,,, My commis n e fires : - ~~ - r ~ - 4~,.,,...,,,,. DEFII~PRO.AG/PLANWK ~~~~~~~~ MINOR SAND PARTITION ~--T- _~ Located ~n SE !/4,Section 34,T.3f S., R.2W., W.M. ~ City of Central Potnt Jackson County -~ 5o°C53~gc Oregon Survey for Ernest R. Sfrown 4969 Upton Road Cen tra / Porn r ,Oregon 9T502 S u r v e. Y....-- ~ ~ -=-- Boyden Surveyors /OB M~st/afaa Medford, Oregon 9T50/ November 5 /990 S_C~~3V~YQR'S CERTI.FICAT?y: Surveyor T, Mark E. Boyder~r, a duly Registered Survoyor of the State .of Oregon, do hereby certify that this reap correctly represents a survey made by me and comF}IiNS wil:t", tY~e regulations for Minor Gand Partitions and the following is ar, accurate description of tike tract of land set forth hereon: Commencing at: ttre Southeast corner of Donation Land Claim Nn. 57, `1'ovrnship 36 South, Range 2 West of the Willamette Meridian in .7acksan County, Oregon; thence along t}-~e South bnundazy of said Claim, North 890 5b' 20" West, 953.20 fGGt; thence South Q0 03' 90" West, 20.00 feet to a 3/9" iron pin f:aund on the South boundary af. Old Upton Ftuad for the 'RUE POINT OF f~LGINNItJG; l:hence South Oo 03' 90" West, 150.00 feet; thence South 250 41' 30" East, 206.65 feel to intersect the Northvresterly right--of--way line of relocated Upton Road; thence along said toad line an tY,~ arc of a spiral curve rigt,t (the chard bears North 360 26' 30" East, 205.11 feet); thence continue along sand road line on a Spiral curve right. {the long chord bears North 980 32' 39" East, 219.83 feet:? Lo a point opposite from centerline P.S.C. Station 27+90.51; thence at rigt~,t angles to said centerline Station, North 310 33' West, 25.77 feet to the South boundary of Old Upton 1-toad; thence along saki Old Upt-c~rr koad Boundary, Nartt: B90 56' 20" West, 156.69 feet to the Nort_he;~st earner of tract described in Instrument No. 90-1$825, said Oi:iici~rl Records; t=h0nce Soot:t~r 00 32' 23" East, 150.00 feat to tyre Soctrh~:ast: corner oi: said tract; thence Nartl~ 890 56' 2U°' West, 80.00 facet to the Southwest corner of said tract; thence South U0 32' 23" }vast, 17.81 Leet; thence South 790 59' 32" West, 95.99 feet; tilr~:{ice Dort:h 290 41' 30" W~s-t_, 15.89 feet; tihence North 00 U3' 90" Last-., 19~1.E~9 i:eet. t:o tale SoutY, t,aundary of 41d Upton Road; thence al or,cl said rc~~,d boundary, North 890 56' 20" West:, 20.00 feet to the TRUE POINT' OE L3EGINNING. SUB.7EC`I' 7'O an easNment. Lor ~;ourrty }toad purposes 10 foot wide across the r;post-Nort}~erly North boundary nE t:he hereinbefore dzscribed parcel. .lac~~~ar3 Ccrr,nfy; ~'cgc~n ~~ca~d~:d ~l~#=i~iAt. R~CQr G~w l~,~ 1`Hl. CN a. B~C1CI=TT t~f~ ` n~ R`"CC~RDf~ ~t ~+ ~ - gc ~ S~1 ~~ ~____:..-..__: i ~. `r: ._ -) .-- ~.