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HomeMy WebLinkAboutCouncil Resolution 669 RESOLUTION NO. 669 A RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR UNIT N0. 5 OF JACKSON CREEK ESTATES SUBDIVISION (Applicant: Tom Malot Construction Co.) (37 2W lODB Tax Lot 9500) (37 2W lODC Tax Lot 300) Recitals 1. Applicant previously received tentative plan approval for a 33-lot subdivision in an R-1-8 district of Central Point, Oregon, and has subsequently submitted an application for final plat approval for such subdivision. 2. On September 21, 1993, the Planning Commission reviewed said application and granted final plat approval. 3. The City Council exercised its right to review the Planning Commission decision, and on November 4, 1993, held its review hearing. 4. Frior to the City Council review hearing, applicant submitted an amended final plat, received and date-stamped by City on October 14, 1993. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The City Council finds and determines that the final plat submitted and date-stamped October 14, 1993 is in substantial conformance with the approved tentative plan and the conditions placed on the approved tentative plan, as well as all applicable ordinances and state laws. All of the required subdivision street and utility improvements have been made. Section 2. Approval is hereby granted to the final plat submitted and date-stamped October 14, 1993 for Unit No. 5 of Jackson Creek Estates Subdivision, subject to all applicable conditions contained in the tentative plan approval and the condition set forth in Section 3 below. Section 3. Applicant has constructed a block wall along the north side of Beall Lane near the southern border of the subdivision. In order for applicant to comply with the tentative plan approval condition requiring dedication of a 10-foot strip of land on the north side of Beall Lane adjacent to the subdivision, applicant and the City have agreed to enter into a separate agreement for such dedication, entitled "Agreement 1 - RESOLUTION NO. 669 (110593) Pertaining to Dedication of a 10-Foot Strip of Lane on South End of Unit No. 5, Jackson Creek Estates Subdivision, Central Point, Oregon", a copy of which is attached hereto, marked Exhibit "A", and by this reference incorporated herein. Such agreement shall be recorded so as to put purchasers of the affected lots on notice of the 10-foot dedication, which dedication shall be recorded when Beall Lane is widened. Applicant has executed a separate document making the 10-foot dedication, a copy of which is attached hereto, marked Exhibit "B", and by this reference incorporated herein. Section 4. The Mayor is hereby authorized to sign the final plat on behalf of the City. Passed by the Mayor and signed by me in authentication of its passage this ~ day of~n~<~cc ~ 1993. ATTEST: ' ~. C~"'° ~.,.L- k1C~~mx7t~NcX@IBx~t~~t Leon Ellson, Council President ~~~~~~ City R resentative Approved by me this ~ day of '?i~~~ 1993. C~~~`~---~. ' L ~~x~ic~xx5t~a~t Leon Ellson, Council President 2 - RESOLUTION NO. 669 (110593) 33-3939$ 1 a-' S ~ E7CHIBT~ ate Q .~® AGREEMENT PERTAINING TO DEDICATION OF A 10 -FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. 5, JACKSON. CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON This agreement made by and between Tom Malot Construction Co., Inc., hereafter referred to as "Developer", and the. City of Central Point, Oregon, a municipal corporation, hereafter referred to as "City". Recitals 1. On April 7, 1993, Developer obtained tentative plan approval from the City Planning Commission for Unit No. 5 of Jackson Creek Estates Subdivision. 2. One of the conditions of such tentative plan approval was. that Developer dedicate a 10-foot strip of land along the south end of lots 169, 170, 171, 178, 179, 180, 181, 182, 183 and 184, adjacent to Beall Lane, such 10-foot strip to be used for future widening of Beall Lane. 3. Due to circumstances too complex. to set forth herein, Developer has now constructed a block wall next to the existing street right-of-way for Beali Lane. If Developer were to dedicate the 10-foot strip required by the tentative plan approval, such block wall would be located 10 feet inside the street right-of-way, which would violate City's ordinance prohibiting any structures in street right-of-ways. 4. The parties wish to resolve the situation in a mutually- agreeable manner. Now, therefore, it is agreed as follows: Agreement 1. Properties Affected. This agreement affects the following parcels of real property: Lots 169, 170, 171, 178, 179, 180, 181, 182, 183 and 184 in Unit No. 5, Jackson Creek Estates Subdivision, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. 1 - AGREEMENT PERTAINING TO DEDICATION OF A 10-FOOT STRIP OF LAND ON SOUTH END OF UNIT NO. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) y3-395`3} 2. Dedication of 10-Foot Strn. The final plat for Unit No. 5 of Jackson Creek Estates Subdivision shall be filed without the 10-foot street right-of-way dedication. Instead, the. 10-foot strip shall remain part of the subdivision; the block wall will then not be located in the street right-of-way. Developer shall, concurrently with the execution of this agreement, execute a separate document, dedicating the 10-foot strip to the public for street and utility purposes. City shall not accept or record the dedication until such time as the process to widen Beall Lane, by City or by any other governmental body, has commenced. Developer specifically agrees, on its own behalf and on behalf of all future owners of the affected parcels, that such dedication shall be accepted and recorded for no consideration beyond that set forth in this agreement. City will pay no money and will give no other consideration to Developer or to the then-owners of the affected parcels at the time of the acceptance and recording of the dedication. Notwithstanding the above paragraph, City may record the dedication at any time after passage of an ordinance making fences in the public right-of-way lawful in Central Point. 3. 10-Foot Strin to Remain Unencumbered. Developer, on its own behalf and on behalf of all future owners of the affected parcels, hereby agrees and covenants to keep the 10-foot strip on the south end of each affected parcel free and clear of any liens or encumbrances. Any mortgage, trust deed, land sale contract, or any other document securing a debt on an affected parcel shall specifically exclude the southern-most 10 feet of the lot. The 10-foot strip shall not be pledged or encumbered in any way, but must remain free and clear of any liens or encumbrances. In the event that the 10-foot strip in any affected lot should be encumbered at the time the dedication is recorded, City may take whatever action is necessary to clear the encumbrance from the title, including the payment of money to the lienholder, and City shall then be entitled to reimbursement from the then- owner of the affected parcel for the cost of clearing the title. 4. Citv to Remove Fence and Other Structures. When the 10- foot dedication is accepted and recorded, and the process to widen Beall Lane has commenced, the block wall and all other buildings, fences, structures and landscaping within the 10-foot strip will be removed by City, and no compensation shall be paid to the owners for any damages occasioned by such removal. By way of example, City will remove any storage sheds, trees, shrubs, 2 - AGREEMENT PERTAINING TO DEDICATION OF A 10-FOOT STRIP OF LAND ON SOUTH END OF UNIT N0. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) 93-395`9~l patios, fences, gardens, underground sprinklers and anything else whatsoever that may be situated in the 10-foot. strip. Everything will be removed by City, and the owners of the affected properties will not be compensated for the loss. In addition, neither the block wall nor anything else removed will be replaced by City. City will simply clear the 10-foot strip of all obstructions, with no compensation to any persons who may suffer a loss thereby. 5. Setback from Block Wall. At all times, both before and after recording of the 10-foot dedication, for purposes of determining minimum setbacks for placement of buildings or structures, the setback shall be measured starting 10 feet north of the block wall. In other words, the setback will be measured and determined as if the 10-foot dedication has already taken place. 6. Notification to Future Owners. This agreement shall bind Developer's heirs, successors and assigns. It shall be recorded and is intended to run with the land. It shall be the duty of Developer and future owners of the individual lots affected to discover and be aware. of the terms of this agreement. City assumes. no responsibility for putting future owners on notice of this 10-foot strip. Any future owner of an affected parcel putting anything of a permanent nature in the 10-foot strip will do so at his or her own risk.: When Beall Lane is widened, the 10-foot strip will be dedicated with no compensation, and everything in the 10-foot strip will be removed. without compensation. 7. Attorney Feas. In the event that suit or action is filed by either party to interpret or enforce the terms of this agreement, the prevailing party shall be awarded reasonable attorney fees, including any appeals. 8. Preparation of Agreement. Developer understands that this agreement .has been prepared by Douglas M. Engle, a lawyer representing City only. Developer acknowledges that he has had the benefit of independent legal advice prior to executing this agreement. Executed in duplicate this ~ day of`,, 1993, each party retaining an original. City of Central Point Tom Malot ConstructionpCo~., Inc.. By ~~ ~- ~~--~/~ Mayo Roger Westensee Thomas E. Malot, President 3 - AGREEMENT PERTAINING TO DEDICATION OF A 10-FOOT STRIP OF LAND ON SOUTH END OF UNIT N0. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) 33-'9594 STATE OF OREGON ) ss. County of Jackson ) On the day of 1993, personally appeared before me the above-named oger Westensee, Mayor of the City of Central Point, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. SANDY 1. IOMMfL Q l' hvyvyvw.f/ *'' NOTARY PUBLIC - OREGON Notary Publ ~ C f Oregon ? COMMISSION NO, 8009395 MYCOMMISSIONEXPIRESNOV8,I995 My Commission Expires: //-.P-S'~ STATE OF OREGON ) ss. County of Jackson ) On the ~ day of 1993, personally appeared. before me the above-named T om-~~as E. ~Malot, President of Tom Malot Construction Co., Inc., and acknowledged the foregoing instrument to be the voluntary act and deed of Tom Malot Construction Co., Inc. ^ (~ c~~lgiseai Notary P bli for Oregon ~ ,,.,. ~A" JS 1. LOP,IMEL rF}„ n ~ v:• i oRErc~a My Commission Expires: //-d'-9S ~ .d,f~7 rC 1i5 F' , r Q g0U93 ifl MY(.Omi ISS OJcnFIRESNOV E,1995 ;kckson County, Oregon Reowded C1FfIClAL RECORDS /a: s~ NOU 1 8 1993 ~ M. KATHLEEN S. BECKETT CLERK an RECD ER Put't' 4 - AGREEMENT PERTAINING TO DEDICATION OF A 10-FOOT STRIP OF LAND ON SOUTH END OF'UNIT N0. 5, JACKSON CREEK ESTATES SUBDIVISION, CENTRAL POINT, OREGON (110493) IXHIBiT' ,e DEDICATION TO POBLIC OF STREET AND IITILITY RIGHT-OF-WAY Tom Malot Construction Co., Inc. hereby forever dedicates to the public far street and utility right-of-way purposes a strip of land 10 feet in width, which 10-foot strip is the southern- most 10 feet of land, adjacent to Beall Lane, in the following- described parcels: Lots 169, 170, 171, 178, 179, 180, 181, 182, 183 and 184 in Unit No. 5, Jackson Creek Estates Subdivision, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. It is understood and agreed that this dedication will be accepted by City, and recorded by City, only at such time as the process to widen Beall Lane, adjacent to the subject property, has commenced. City of Central Point Tom Malot Construction Co., Inc. /75~r~ %~-~ B y ~ _ ~~ May Roger Westensee Thomas E. Malot, President STATE OF OREGON ) ss. County of Jackson ) On the ,~~`'day of 1993, personally appeared before me the above-named oger Westensee, Mayor of the City of Central Point, and acknowledged the foregoing instrument to be the d deed of the City of Central Point. OFFICIAL SEAL ~~~ n ~~~m n ~ . SANDY J. LOMMEL ( I ~(/ ^I ~.:RY PUCLIC - OREGON ~' 'T' t(. : !,;ISSION NO. A009395 Notary Pu is for Oregon "~ MYCOMMISSIONEXPIRESNOV8,1995 My Commission Expires• /(-~P-9S STATE OF OREGON ) ss. County of Jackson ) On the y/~' day of ~.a~,L, 1993, personally appeared before me the above-named hT omas E. Malot, President of Tom Malot Construction Co., Inc., and acknowledged the foregoing instrument to be the voluntary act and dee~Tom Malot Construction Co., Inc Mc n n OFFICIAL SEAL /(~ (' ~,.a, SANDY 1. LOMMEL ~- N~TaaY PUOLIC - OREGON Notary Pud is for Oregon `S'" ~C,x'dSSION NO. A009395 My Commission Expires: //-~-95 h1Y COMMISSIONEXPIRESNOV 8,1995 DEDICATION TO PUBLIC OF STREET AND UTILITY RIGHT-OF-WAY (101193)