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HomeMy WebLinkAboutSatisfaction Improvement Agreement 02-53061*November 14, 2016 l CENTRAL POINT Jackson County Official Records 2016-039037 R -RAG SN=O MORGANSS 1112912016 10:10:67 AM $5.00 $8.00 $5.00 $4 00 $10.00 $20 00 $63.00 $11.00 I, Christine w.wer, county Clerk ror kson County, oregon, eerwy Mat the I nImnent Idendfled Novell, was recorded In the Clerk `ewrd`. Christine Walker - County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For 1927 Taylor Road, Central Point, Oregon Be It known by all present that the undersigned does hereby certify and declare that certain obligations filed against the property listed below and attached to this release and showing the filing number of said records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original Deferred Improvement Agreement, between the City of Central Point and Karolyne J. Johnson entered into on September 24, 2002. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 10AB of the Willamette Meridian, Tax Lot 1500 Recording Number: 02-53061 Recording Date: October 7, 2002 1T\u (�- �.'c l(_4_ & MattSamitore'--J Date City of Central Point STATE OF OREGON ) )ss. County of Jackson ) On the ' tlay of November, 2016, personally appeared before me the above-named, Matt Samitore, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL STAMP CYNTHIA A WEEK8 NOTARY PUSLIGOREGON COMMISSION NO. 250M W COIpYS&ON EIPIRES RINE 11111. 2020 Notary Public for Oregon My Commission Expires: D(o/Oulgo 02 S 02 53061 /o DEFERRED IMPROVEMENT AGREEMENT for 1927 Taylor Road, Central Point, Oregon This agreement made by and between Karolyne J. Johnson, hereinafter referred to as "Owner" , and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". Recitals 1. Owner is the owner of real property located at 1927 Taylor Road, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 10AB, Tax Lot 1500, Central Point, Jackson County, Oregon, as follows: PARCEL I; Beginning at a point on the North line of Donation Land Claim No. 53 in Township 37 South of Range 2 Nest of the Willamette Meridian in Jackson County, Oregon; said point hears North 89.45' East 2025.20 feet from the Northwest corner of said Donation Land Claim No. 53; thence South 1.301 East 352.90 feet to intersect the center line of Griffin Creek; thence along said center line of said creek, North 70.33' West 90.43 feet; thence North 1.30' West 322.41 feet to intersect the said North line of Donation Land Clain No. 53; thence along the said Donation Land Claim line, 84.42 feet to the point of beginning. PARCEL II, Beginning at the Northweet corner of property described in Volume 332 page 69 of the Deed Records of Jackson County, Oregon, said property corner being on the North line of Donation Land Claim No. 53 in Township 37 South of Range 2 Nest of the Willamette Meridian in Jackson County, Oregon and North 89.45' East 1940.78 feet from the Northwest corer of Donation Land Claim No. 53; thence South 89045' West, along the North lie of said Donation LOM Claim for a distance of 10.0 feet; thence South 1.30' East 318.74 feet to a point in the center lie of Griffin Creek; thence South 70033' Bast along the center lie of Griffin Creek, 10.60 feet more or less to the Southwest corner of property described in Volume 332 page 69 said need Records; thence along the West line of said property, North 1030' Nest 322.41 feet to the point of beginning. 2. Owner has applied for a building permit in connection with construction of an addition 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 construction in accordance with Central Point Municipal Code (CPMC) Chapter 12.04.015, it is reasonable and necessary that Owner construct and/or install certain improvements, and that without such improvements the application for the construction would be denied. 1 -DEFERRED IMPROVEMENT AGREEMENT -Johnson (091802) 02 53061 4. City has further determined that immediate construction and/or 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 or 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. Improvements to be Constructed or Installed. Owner agrees to construct and/or install the following improvements at the time and in the manner specified herein: Sidewalks, including curb and gutter, along Taylor Road, including any required driveway aprons, according to City standards, adjacent to property. 2. Time of Making Improvements. The parties agree that City shall 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. Responsibilities 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; (b) If required by City in City's discretion, posting a performance bond in an amount and form deemed sufficient by City, to be released upon satisfactory completion of the project and acceptance thereof by City; 2 - DEFERRED IMPROVEMENT AGREEMENT - Johnson (091802) '02 53061 (c) Construction and/or installation of all improvements specified herein; (d) Payment of all 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 48 hours prior to commencement of the work, of Owner's intention to commence work. 4. Quality of Work. All improvements shall be constructed and/or installed in conformance with all applicable City Public Works Department and/or Building Department standards and codes, shall be done in a workmanlike manner, and City shall also have authority to modify the design of the project as work progresses. 5. Warrantv of Work. All improvements shall be free from defects, and Owner is deemed to have guaranteed the work to be free of defects for 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. 6. Failure of Owner to do Work Reauired. 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 and/or 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 11.04. Owner is deemed to have consented to City entering onto the subject property, as necessary, to construct and/or install the improvements. 7. Local Improvement District. This agreement may be superceded by the creation and establishment of a Local Improvement District for the noted improvements along 1927 Taylor Road. 8. Agreement 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. 9. City Council to Decide Disimes. Should Owner disagree with any of the discretionary decisions or requirements made by City hereunder, Owner may have such decision or requirement reviewed by the City Council. Owner shall notify the 3 - DEFERRED IMPROVEMENT AGREEMENT - Johnson (091802) 02 53061 City Administrator, within 10 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 Council. 10. Attorney 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 shall be entitled to recover from the losing party reasonable attorney fees, including those incurred in any appeal, if any. 11. Disclosure of Reoresentation. This agreement has been reviewed 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 IN DUPLICATE this qday of 2002, each party retaining an original. OWNER CITY OF CENTRAL POINT STATE OF OREGON ) )ss. County of Jackson ) IS Mayor Bill Walton On the day of , 2002, personally appeared before me the above-named Karolyne J. J hnson, and acknowledged the foregoing instrument to be his/her voluntary act and deed. e a��o®, OFFICIALSEAL Notary Public for 06egon K ROCHELLE LAKE M Commission Expires: O NOTARY PUBLIC - OREGON y p S' -3/ - `� COMMISSION NO, 359945 MY COMMISSION EXPIRES JULY 31, 2006 4 - DEFERRED IMPROVEMENT AGREEMENT - Johnson (091802) 02 53061 STATE OF OREGON ) ss. County of Jackson ) On the g � day of 5 �rv�EJ r' , 2002, personally appeared before me the above-named Mayor Bill Walton, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. Notary Public for Oregon My Commission Expires: S Jackson County, Oregon Recorded OFFICIAL RECORDS OCT 0 7 2002 �d COUNTY CLERK 5 - DEFERRED IMPROVEMENT AGREEMENT - Johnson (091802)