HomeMy WebLinkAboutCouncil Resolution 496RESOLUTION N0. 496
A RESOLUTION ADOPTING FINDINGS AND APPROVING
THE PRELIMINARY PLAT FOR THE SUBDIVISION
KNOWN AS "JACKSON CREEK I"
WHEREAS, Tom Dialot, a subdivider and developer, has applied
for approval of the preliminary plat for the subdivision known as
Jackson Creek I, a subdivision to be located at the end of
Brandon and Vincent Streets within the City, more particularly
described as Jackson County Tax Assessor's map page 37 2W 10, Tax.
Lot 3100, and
WHEREAS, notices of public hearing were duly and regularly
published and said public hearing was held on the 17th day of
March, 1988 before the Central Point City Council, and following
said public hearing the Council adopted findings relating to said
subdivision. and approved the. preliminary plat thereof, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF CENTRAL POINT, OREGON,
as follows:
Section 1. The Council hereby finds as follows:
(a) The proposed subdivision complies with the
Comprehensive Plan and Zoning Ordinance of the City, which
defines the proposed subdivision site as low-density residential
and R-1 zoning district, respectively, and
(b) The proposed subdivision is in substantial
compliance. with the Jackson Creek Neighborhood Development Plan,
and
(c) The proposed subdivision promotes clustered
housing and other development designs that minimize the need for
costly and unnecessary streets, walks and other municipal
expenditures, and encourages the use of cul-de-sac streets. in
residential neighborhoods where possible in lieu of grid street
patterns, and
(d) Said subdivision as proposed, subject to the
proposed Subdivision Agreement, is in full compliance with the
Central Point Municipal Code.
Section 2. The City Council hereby approves, subject to the
Subdivision Agreement relating thereto, attached hereto as
Exhibit "A" and by this reference incorporated into the within
resolution, the preliminary plat for Jackson Creek Estate I.
Passed by the Council and signed by me in authentication of
RESOLUTION NO. 496 - 1
(041288)
its passage this lt~ day of , 1988.
Mayor
ATTEST:
°~ity Represent ive
APPROVED by me this ~~ day of ~~, 1988•
~_~~ ~~ :~
Mayor
RESOLUTION N0. 496 - 2
(091286)
SUBDIVISION AGREEMENT
JACKSON CREEK ESTATES I
THIS AGREEMENT, made and entered into by and between City of
Central Point, Oregon, an Oregon municipal corporation,
hereinafter referred to as "City" and Tom Malot Construction,
an Oregon Corporation , hereinafter referred to as
"Subdivider",
W I T N E S S E T H:
WHEREAS, Subdivider has made application to City for the
construction of a subdivision to be named "Jackson Creek Estates
I", hereinafter referred to as the "Subdivision", and the
preliminary plat therefore has been reviewed and approved by
City, subject to compliance with the construction plans and
specifications submitted to City, the requirements of the Central
Point Municipal Code, and execution of the within subdivision
agreement,
NOW, THEREFORE, in consideration of the covenants herein
exchanged, the parties agree as follows:
1. CONSTRUCTION. Subdivider shall construct or cause to be
constructed the subdivision and improvements described in the
plans and specifications submitted to City for preliminary plat
approval, with plans being titled "Jackson Creek Estates Subdivision
Pages 1- 6 , as approved by the Public Works Director on
Mav 4, 1988 , in accordance with said plans and
specifications and all applicable provisions of the Central Point
Municipal Code and such additional terms and conditions as are
set forth hereinafter in Paragraph 7 of this agreement.
2. COMPLETION. Subdivider shall complete said subdivision
and improvements described herein within six (6) months from the
date of the execution of this agreement. In the event said
subdivision and improvements have not been completed within said
time, City shall have the right to require the following:
(a) If said subdivision and improvements are more than
sixty percent (60b) complete (by cost), City may, in its sole
discretion, grant a six (6) month extension of time for
completion, but as a condition thereof, may require a written
schedule for completion which shall be approved by the Public
Works Department and which shall be adhered to by Subdivider.
(b) If said subdivision and improvements are more than
sixty percent (60b) complete (by cost), City may, notwithstanding
paragraph (a) hereinabove, or if said subdivision and
improvements are less than sixty percent (60~) complete (by
cost), City shall require subdivider to post a bond pursuant to
Central Point Municipal Code Section 16.28.080 to secure the
completion thereof.
SUBDIVISION AGREEMENT - JACKSON CREEK ESTATES I
Page 1 (042188)
(c) If the subdivision has not been completed within
one (1) year of the date of the execution hereof, City shall have
the following rights:
(1) To deny final plat approval, occupancy permits,
and building permits for said subdivision.
(2) To require the completion of said subdivision
under the terms of the bond.
(3) To cause the completion of said subdivision and to
proceed against Subdivider or his bond for the
recovery of the costs thereof.
3. ADMINISTRATION/INSPECTION.
(a) It shall be Subdivider's responsibility to provide
access for all of such phases of construction as shall be
required by City, including, but not limited to, the following:
(1) Inspection and testing of all storm drainage,
sanitary sewer pipe, water pipe and fire hydrants.
(2) T.V. inspection of all sanitary sewer and storm
drainage pipes.
(3} Inspection and testing of trench backfilling for
storm drains or sanitary sewers.
(4) Inspection and testing of subgrade prior to
placing street rock base.
(5) Inspection and testing of base rock prior to
placing surfacing.
(6) Inspection and testing of the placement. of the
surfacing material.
(7) Inspection and testing prior to placing any
concrete.
(Sy Other construction within public right-of-way or
easement dedicated or to be dedicated to the City..
(b) Subdivider agrees to reimburse City for the costs
of administration and inspection of the project to the extent
that the same are reasonably related to City's assuring
compliance with the plans and specifications, the Central Point
Municipal Code and the within agreement, which sums shall be due
on a monthly basis and shall be paid within ten (10) days of
receipt of the bill. Failure to pay such sums shall be grounds
for withholding of final plat approval. Such administration and
inspection shall include, but not be limited to, the following:
SUBDIVLSION AGREEMENT - JACKSON CREEK. ESTATES I
Page 2 (042188)
(i) Meeting with the Subdivider, project
engineer or developer to review the project,
City standards, specifications, ordinances,
and procedures.
(ii) Providing the Subdivider's engineer with
information on existing conditions,
facilities, and capital improvements
required.
(iii) Providing information and data for any other
jurisdictional, governmental or utility
entity approvals or construction installa-
tions.
(iv) Reviewing all construction drawings,
engineering, or specifications for changes in
the original permitted project.
(v) Making inspections necessary to assure
compliance with City standards and specifi-
cations.
(vi) Reviewing existing as-built information to
assist in determining the location of
existing facilities.
(vii) T.V. inspection of sanitary sewer and storm
drainage systems.
(viii) Compaction and materials inspection performed
by the City or contracted.
4. COMPLETION/OBLIGATIONS.
(a) Upon completion of the subdivision and
improvements as identified herein in full compliance with the
plans and specifications therefor, the Central Point Municipal
Code, and the within agreement, City shall grant final plat
approval and accept the subdivision facilities and dedication
thereof under the following conditions:
(1) The improvements have been inspected and found to
be in compliance herewith.
(2) A final inspection has been completed and any
deficiency list completed and. accepted as
complete by the Public Works Department.
(3) Subdivider agrees that from and after such
acceptance, he guarantees the subdivision and
improvements against defects in materials and
workmanship for a period of two (2) years.
It is understood and agreed between the parties
SUBDIVISION AGREEMENT - JACKSON CREEK ESTATES I
Page 3 (042188)
that prior to the expiration of the two year
warranty period, City shall perform a final
acceptance inspection to determine if any
deficiencies exist due to materials or
workmanship inadequacies, and Subdivider
shall repair or cause the repair of said
deficiencies. Upon approval of said repairs
by City, City shall grant final acceptance,
which acceptance shall be in writing.
(b) Subdivider shall pay the following fees and
perform the following acts as a condition of and prior to final
plat approval and acceptance:
(1) Administration and inspection fees as set forth
hereinabove.
(2) Sanitary sewer connection fees, payable by the
person requesting installation of a sewer line
from house to cleanout at the time of issuance
of the building permit for each. lot.
(3) Installation of water meters shall be performed
by City, with connection fees as specified by
City ordinance to be paid by the party requesting
installation.
(4) Subdivider shall dedicate land for park develop-
ment in lieu of park development fee as follows:
(i) Provide seven hundred (700) square feet of
property per lot for each lot within the
subdivision, in a single parcel, in a
location and configuration satisfactory to
City in a warranty deed containing a metes
and bounds description of the property and
signed by all parties holding a legal or
equitable interest in the described
property, notarized and suitable for
recording.
(ii) Provide a preliminary title report reflect-
ing that said property is free and clear of
all liens, encumbrances, assessments or
other burdens, and upon recordation of said
warranty deed, a policy of title insurance
insuring title as accepted by City.
(iii) All costs associated with the foregoing
land dedication shall be borne by Subdivider.
(5) Subdivider agrees to dedicate the completed
streets, water, sanitary sewer, storm drainage
and other public facilities of said subdivision
SUBDIVISION AGREEMENT - JACKSON CREEK ESTATES I
Page 4 (042188)
and improvements to City upon completion thereof
and acceptance by City.
(6) Subdivider shall provide one set of correct
mylar "as-built" plans and specifications upon
completion of the subdivision and improvements.
If Subdivider fails to provide said plans, final
plat approval shall be withheld, unless in lieu
thereof Subdivider makes a cash deposit with City
in the sum of $1,500.00 to cover the cost
of said plans and specifications.
5. BUILDING PERMITS/OCCUPANCY PERMITS.
(a) City shall issue building permits following final
plat approval and acceptances as set forth hereinabove for the
purpose of construction of homes within the subdivision, subject
to all of the standard terms and conditions for said permits,
this agreement, and all applicable city, county and state laws
and. regulations.
(b) Building permits may be issued prior to issuance
of final plat approval if, in the sole discretion of City, such
issuance is appropriate and if Subdivider has fully complied with
the terms and provisions of Central Point Municipal Code Section
16.28.070..
6. MISCELLANEOUS PROVISIONS.
(a) Subdivider shall hold City and its duly elected
and appointed officials, employees, agents and assigns, harmless
from any and all liability or responsibility by reason of any
omissions, errors or deletions on the plans and specifications
for the improvements in the within subdivision or the
construction thereof, and shall indemnify the same against any
such liability or responsibility. As a condition of the within
agreement, Subdivider shall obtain and maintain a policy of
liability insurance coverage with policy limits in the sum of not
less than $1,000,000.00 combined single limit, naming City and
its duly elected and appointed officials, employees, agents and
assigns, as insured parties therein.
(b) This agreement contains the entire agreement to
which it relates and supersedes any prior written or verbal
agreements or representations.
(c) This agreement shall be binding upon the parties
and their agents, successors and assigns; Subdivider shall not
assign his rights under the terms of this agreement without the
express written approval of City.
(d} In the event either party institutes legal
proceedings for the purpose of enforcing the within agreement or
seeking damages for the breach hereof, or to recover the cost of
SUBDIVISION AGREEMENT - JACKSON CREEK ESTATES I
Page 5 (042188)
completion of the subdivision improvements described herein, the
prevailing party shall be entitled to recover attorney fees and
costs incurred at trial and on appeal in reasonable sums to be
determined by the respective courts.
7. ADDITIONAL CONDITIONS. The following additional
conditions are expressly made a part of the within agreement, to
be performed and completed by Subdivider, as a condition of
City's obligations hereunder:
(a) Subdivider shall pay for the installation of the
temporary barricades at the end of Vincent Avenue and Brandon
Street by the City of Central Point.
(b) Subdivider shall pay for the development and
installation of the required traffic control devices as provided
in the Manual on Uniform Traffic Control Devices by the City of
Central Point.
(c) Subdivider shall pay for the installation of
ladders in sanitary sewer manholes by the City of Central Point.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures on this ~ day of /;1~/,J}a 1988.
CITY OF CENTRAL POINT, OREGON
SUBDIVIDERS) ~~ ,/~
STATE OF OREGON
~ ss.
County of Jackson )
On this ~~n day of / ., 1 988, before me
personally appeared Don Jones an i~/1J ~~ ~~/~~,~' ,
who, being first duly sworn, each for himself and not for the
other, did say that the former is the Mayor and the latter is the
~d~ >'-~ ~~ of the City of Central Point, an
Oregon muniCs al corporation, and that the foregoing instrument
SUBDIVISION AGREEMENT - JACKSON CREEK ESTATES I
Page 6 (042188)
was signed on behalf of said municipal corporation by authority
of its City Council; and each of them acknowledged the foregoing
instrument to be its voluntary act and deed`./
~1/l',9~>~ri~~~ 7X//~/Z~/1f i
Notary Public for Oregon
My Commission Expires: 7-/~-j?-~l
STATE OF OREGON )
ss.
County of Jackson )
On this 4th day of Mav , 1988, before me
personally appeared Tom Malot (Tom Malot Construction) and
N/A , who being duly sworn, each for
himself and not for the other, acknowledged the foregoing
instrument to be their volunt/ary act and d /d~. /
Notary Public r Oregon
My Commission Expires: 7/19/91
SUBDIVISIOIQ AGREEMENT - JACKSON CREEK ESTATES I
Page 7 (042188)