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HomeMy WebLinkAboutImprovement Agreement 97-34526~"7~°3 ~5~~i DEFERRED IMPROVEMENT AGREEMENT fnr 3505 Chicory Lane, Central Point, Oregon This agreement made by and between Virginia Brown, hereinafter referred to as "Owner", and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". 1. Owner is the owner of real property located at 3505 Chicory Lane, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 10DA, tax lot 100, Central Paint, Jackson County, Oregon, mare fully described as: Commencing at a 3" brass capped monument located at the Northwest corner of Snowy Butte Orchards in Section 10, Township 37 South, Range 2 West of the Williamette Meridian in Jackson County, Oregon, according to the official plat thereof, now of record, thence East 1 121.8 feet, thence South 887.8 feet to a 314" x 46" iron pin moument, thence l=ast 616.0 feet, more or less, to the center line of a traveled road running in a northerly and southerly direction, for the true point of beginning; thence South along the center line of said road a distance of 70.0 feet; thence West 118.0 feet; thence North 70.0 feet; thence East 1 18.0 feet to the true point of beginning. fCode 6-28, Account #1-20162- 0, Map #372W10, Tax Lot #4700) 2. Owner has applied for a building permit in connection with moving a house on to the property and construction of an attached garage, and City has reviewed and considered such application. 3. In reviewing Owner's applications, City has determined that as one of the conditions of approving said proposed development in accordance with Central Point Municipal Code (CPMC) Chapter 12.04.015, it is reasonable and necessary that Owner construct and/ar install certain improvements, and that without such improvements the application for the development would be denied. 4. City has further determined that immediate construction andlor C .- 1 -DEFERRED IMPROVEMENT AGREEMENT (081897y 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 ar 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. r Owner agrees to construct and/or install the following improvements at the time and in the manner specified herein: Sidewalks {including any required driveway aprons}; curb and gutter section; half-street improvements and traffic delineation; and storm drainage facilities, all adjacent to property for the entire length of the property's frontage to Chicory Lane. Improvements to be designed and constructed to City standards. 2. v The parties agree that City shad determine, in its discretion, the time for construction and/or installation of improvements. There shall be no specific limitation as to when the City may require the improvements to be made. Owner specifically understands that 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, specifications, 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. RPSppnsibllities of Owner. Owner shall be responsible for the following: {A} Preparing plans and specifications for the improvements and submitting the same to City for approval; (61 if required by City in City's discretion, posting a performance 2 -DEFERRED IMPROVEMENT AGREEMENT {081897} 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 andlor installation of all improvements specified herein; (D~ Payment of ail applicable fees, including, but not limited to, any applicable engineering deposits, permit fees, development fees, and inspection fees; and (E) Owner shall notify City, at least 4$ hours prior to commencement of the work, of Owner's intention to commence work. 4. Quality of Work, All improvements shall be constructed andlor installed in conformance with all applicable City Public Works Department andlor Building Department standards and codes, shall be done in a workmanlike manner, and City shad also have authority to modify the design of the project as work progresses. 5, Warranty of Work. All improvements shall be free from defects, and Owner is deemed to have guaranteed the work to be free of defects far a period of two years from the date of issuance of the City's written acceptance of the work. if during such two year period City determines that repair or replacement of all or any part of the improvements is necessary, City shall so notify Owner and Owner or its agent shall effect the necessary repair or replacement. b• F~ilr,ilW~_of_Qwner to do Work Required. In the event that Owner fails to timely complete the initial or warranty work required, in any manner and time period required herein, City may, at its option, determine to construct andlor install, on its own, at the Owner's expense, 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 benefitted by local improvement districts pursuant to CPMC Chapter 1 ~ .D4. Owner is deemed to have consented to City entering onto the subject property, as necessary, to construct andlor install the improvements. 6• AgC~Pmen.~_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 D..~p~ates. Should Owner disagree with any of the discretionary decisions nr requirements made by City hereunder, Owner may 3 -DEFERRED IMPROVEMENT AGREFMI=NT (089 897) have such decision or requirement reviewed by the City Council. Owner shall notify the City Administrator, within 1 D 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 Councii. 8. ~.~.~y__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 shaft 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 1N DUPLICATE this ~~day of , 79~, each party retaining an original. OWNER ey ' Virgin' Brown STATE OP OREGON } } ss. County of ,Jackson } Y OP CENTRAL FONT By: Mayor Rusty McGrath On the ~_day of 19~, Personally appeared before me the above-named Virgi is Brown, and acknowledged the foregoing instrument to be his/her voluntary act and deed. :~ ` Notary Public for 0 egon ,.,, ~F r ~cf~~. w~ A~.. -~ 'f4? ~~_~'^^3 e::R., ~ ~~;~,~~,~~ My Commission Expires: ~ ~~ ~ `s t=;~` t~ ~?3 4 -DEFERRED IMPROVEMENT AGREEMENT (081897} ;~'7~~:3~;~2~i STATS OF OREGON } ss, County of Jackson 1 OFFICIAL SEAL pEANNA GREGORY '.~; , ,~ NDFARY PUBLIC-OREGpN CC7MiVIISSION NO. 054044 MY CDMMISSICIN EXPIRES MAY 13, 2040 On the ~~day of ~~ .aS~ 19~~ ,personally appeared before me the above-named Mayor usty McGrath, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Centro! Point. Notary Public for Ore on My Commission Expires: ~ r3--Ulf ~ -DEFERRED IMPROVEMENT AGREEMENT (081$97) RING-fl4-19'7 !1 ~ 55 d al T I TLE-MEbFC7" • , `~4:L 77.E '7364 F'. ~2 AGAIN ~1N#?,.,.,SALE DEED t~ ~"' JOHN P. FLEEGER, Referee appointed Dy the court in the case of First lntetstatc Sank of hTaahingtvn, as Trustee, Case No. 895932-E-2, conveys tv VIRGINIA I,. 8;:t0iiN, grantee, tht following described real, pragerty situated 3.n Jackson County, Oregon, to-Yit. Commencing at d 3" b;ass capped monument located at Che Northwest corner of Snowy Butte Orchards in Section i0. 'IvunBhip 37 South, Range 2 hest ef'the•~idl.llamette Meridian in Jackson County, Oregon, according t4 ;the official plat thereof, norr of record, thence East I'I21.8 feet, thence South $$7.8 fee. to a 3/4" s 46' ir.an pi,in monument, thence East 615.0 feet, more or less, to.,~the •center line of a traveled road running in a northerly anti southerly direction, for the true point af -hegi~ning; thence South along the center line of said road _~~.~di,staace of 70,0 feet; thence Kest 118.0 feet; thence North .7©:'~O~feet; thence East 118.0 feet Lo the true Point of beg inning;, (Code 5-Z8, Account ~1-2Q162-0, Hap #37~~i1G, Tax Lot ~470t1) 5UB.7£CT TO: i. The effect of said property, or: •any .~rnri thereof, lying withic~ the Rogue River valley Ir~tigation District, and subject to all xater and irrigation rights, easements for ditches and canals and all regulatforrs of said District. {Included fn Ad Valorem Taxes) 2. Existing rights of wax for ditches o~r canals. 3. That Bart lying within a puE~lic or dedicated road. ~- 1989-90 real property taxes, ' TH25 I2iSTRi31KE1~1'7.' W3LL NOT ~-LLOW '!'1dE i3$6 O~* THE PROPERTX DESCiiZBED IN Tti'IS IPl8TRU[iENT ZN VIOLATION OP" XFPLIC~,BLE LAND USE LAWS AND REGgLA7I0I~1S. SSFORE SIGNING pR ACCEFTYNG THIS INSTRII13EN3', THE PERSODI ACQUIRING FEE TI~.`I.E TO THE PROPERTY SHOULD CHECK WITF3 THE APPROPRIATE CITY OR COUNT'~~ Pt.P,N3+]IHG DE~'A.It'S'~+lEt7~' TO VERXFY APPROVED USES. Unless a~change is Cequested, allYtax statemeri~.s~shal,lrbe~sent-- o V' ~ n o d ~,e,nts-2~~Point, OR 97502. a ~ , ,,,_~ lJ~ AUG-B4-197 11 ~ 5G o a~ TITLE-MEbFC]" " S~11 77:s 7 ~~-~4 F'. ~3 ~/4, SECTIt~N 10, T. 37 S., R. 2 W, W,M. ~i~'arr 37 2W i0 DA JACKSON fCUt~NT1i~ ~ I~ ~ ~' CENTRAL POINT ~ -` ~ ~ ~, r ~~I.s~lroses ! 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