HomeMy WebLinkAboutSatisfaction Improvement Agreement 00-33411April 6, 2016
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CENTRAL
POINT
Jackson County Official Records 2016-011025
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$500$1000$500$800$1100 Total:$63.00
$2000$400
IIIIIIII VIII 01711139201600110250010011 IIIIIIIIIIII
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded In the Clerk
record. Christine Walker -County Clerk
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
Parkwood Terrace Estates, P.U.D. Subdivision
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. Release of original Deferred Improvement Agreement, between the City of Central
Point and Parkwood Terrace Estates, L.L.C. entered into on August 11, 2000.
City of Central Point
Property located in theTownship 37S, Range 2W Tax Lot 2500 and lot 49 of Central Point East,
Phase 2 of the Willamette Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 00-33411
Recording Date: 08/14/2000
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City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
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Date
On the�� day of April, 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.
KSJ.x-ex, f
oPPICIA�srAMP Notary Public for Oregon
KAREN ROEBER My Commission Expires:
NOTARY PUBUC-OREGON
COMMISSION NO. 921764
MY COMMISSION EXPIRES NOVEMBER 14, 2017
140 S. 3`d a Central Point, OR 97502 •541.664.3321 a Fax 541.664.6384
35 --co
00 33411
DEFERRED IMPROVEMENT AGREEMENT
for
Parkwood Terrace Estates P.U.D. Subdivision, Central Point, Oregon
This agreement made by and between Parkwood Terrace Estates, L.L.C. ,
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 in Township 37 South, Range
2 West, Tax Lot 2500 and lot 49 of Central Point East, Phase 2 of the Willamette
Meridian, City of Central Point, Jackson County, Oregon, which property is fully
described as:
Exhibit "A"
2. Owner has applied for a permit in connection with construction of the said
development, 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/or install certain improvements, and that without such improvements the
application for the development would be denied.
4. As requested by the Owner; 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:
A. A deceleration lane, a 6 -foot wide sidewalk (preferably meandering
sidewalks set back a minimum of 3 -feet from the
1 - DEFERRED IMPROVEMENT AGREEMENT - Parkwood Terrace Est PUD (081100)
00 33411
back of curb, an irrigated landscape buffer similar to the one
required of the Central Point East development, street lights, storm
drainage, fire hydrants, and traffic control and delineation.
B. Completion of all sidewalks and driveway aprons within the
subdivision as shown on the construction plans for the said
subdivision that were conditionally approved on February 2, 2000,
and as subsequently revised and approved by the City. The
sidewalks and driveway aprons will be completed, at a maximum,
within 2 years of the execution of this agreement.
2. Traffic Signal at the Intersection of Hamrick and Beebe Roads. The
Owner shall pay the apportioned share of the costs for the design and construction of a
suitable traffic signal at the intersection of Hamrick and Beebe Roads, as determined by
the City and Jackson County.
3. 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.
A. At such time as City determines the improvements shall be made,
City shall cause written notice to be sent to Owner at the current
known address of the Owner or 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.
4. 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;
2 - DEFERRED IMPROVEMENT AGREEMENT - Parkwood Terrace Est PUD (081100)
00 33411
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;
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.
5. 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.
6. Warranty 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.
7. Local Improvement District. This agreement may be superceded by the
creation and establishment of a Local Improvement District, which includes said
subdivision, for the noted improvements along Hamrick Road and/or at the intersection
of Beebe and Hamrick Roads.
8. Failure of Owner 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, or requests the City to sonstruct said improvments, 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.
3 - DEFERRED IMPROVEMENT AGREEMENT - Parkwood Terrace Est PUD (081100)
00 33411
9. 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.
10. City Council to Decide Disputes. 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 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.
11. 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.
12. Disclosure of Representation. 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_f��day of Yzo,y 2000,
each party retaining an original. 13
OWNER CITY OF CENTRAL PONT
By:/��C6(*Cq
eorge ardner Mayor Bill Walton
Par d Terrace Estates, L.L.C.
4 - DEFERRED IMPROVEMENT AGREEMENT - Parkwood Terrace Est PUD (081 100)
00 33411
STATE OF OREGON )
)SS.
County of Jackson )
On the _day of A 2000, personally appeared
before me the above-named Georg H. Gardner and acknowledged the foregoing
instrument to be his/her voluntary act and deed.
OFFICIII LSEAL _
K ROCHELLE LAKE
NOTARY PUBLIC - OREGON
COMMISSION NO. A315919 Notary Public for Oregon
MY COMMISSION EXPIRES SEPT. 7, 2007
My Commission Expires: i -7 -OU
STATE OF OREGON )
)SS.
County of Jackson )
On the I l'k day of , 2000, personally appeared
before me the above-named Bill Wa)tbn, Mayor, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of C_j � —
entr Point.
OFR CIALSEAL Notary Public for Oreg
DEANNA GREGORY Commission Expires: �
PUBLIMC -OREGON y CTr
p `�
COoMMmm ISSION N0. 334520
MY COMMISSION EXPMES MAY 15, 2001
5 - DEFERRED IMPROVEMENT AGREEMENT - Parkwood Terrace Est PUD (081100)
00 33411
EXHIBIT " A "
Parkwood Terrace Estates
Boundary Description
All that real property situated in the Northwest and Southwest One -quarters of Section
1, Township 37 South, Range 2 West of the Willamette Meridian in the City of Central
Point, Jackson County, Oregon, more particularly described as follows:
Commencing at a point on the east line of Donation Land Claim Number 55, Township
37 South, Range 2 West, Willamette Meridian, Jackson County, Oregon, said point
being North 00°10'20" West, a distance of 1,068.55 feet from the southeast corner of
said claim; thence North 89°36'53" East, a distance of 28.89 feet to the easterly right-
of-way of HAMRICK ROAD, a Jackson County road, and the True Point of Beginning;
thence continuing North 89036'53" East, along the north line of tract described in
Volume 196, Page 362 of the Deed Records of Jackson County, Oregon, a distance of
703.80 feet; thence South 00°10'20" East, a distance of 14.69 feet to a 5/8 inch iron
pin with a yellow plastic cap marked "RANDY L. FITCH LS 2867", at the northwest
corner of Lot 27 of Central Point East Subdivision, Phase 1, recorded February 3,
1999, in Volume 25 of Plats at Page 7 of Records of Jackson County, Oregon, and filed
as Survey Number 16027 in the office of the Jackson County Surveyor; thence along
the northerly line of Lots 25, 26 and 27 of said phase 1, North 89049'21" East, a
distance 117.48 feet to a 5/8 inch iron pin with a yellow plastic cap marked
"NEATHAMER LS 2675", and thence North 75°06'34" East, a distance of 96.54 feet to
a 5/8 inch iron pin with a yellow plastic cap marked "RANDY L. FITCH LS 2867", on the
westerly right-of-way line of MEADOWBROOK DRIVE; thence North 14053'43" West,
along said right-of-way, a distance of 262.25 feet to a 5/8 inch iron pin with a yellow
plastic cap marked "RANDY L. FITCH LS 2867"; thence leaving said right-of-way and
along the southerly line of Lot 24 of said phase 1, South 51059'38" West, a distance of
100.97 feet, and thence South 89°37'08" West, a distance of 64.48 feet to the
southeast corner of Lot 52 of Central Point East Subdivision, Phase 2, recorded
February 3, 1999, in Volume 25 of Plats at Page 6, Records of Jackson County,
Oregon, and filed as Survey Number 16026 in the office of the Jackson County
Surveyor; thence along the south line of said phase 2, South 89037'08" West, a
distance of 237.96 feet; thence leaving said south line, North 00013'57" West, a
distance of 98.41 feet to the beginning of a curve to the right having a radius of 15.00
feet and a central angle of 90°00'00"; thence along the arc of said curve a distance of
23.56 feet, the long chord of said curve bears North 44°46'03" East, a distance of 21.21
feet, to the southerly right-of-way of BEEBE ROAD and the northwest corner of Lot 50
of said phase 1;
UC /
00 33411
Page 2 of 2
thence South 89037'08" West, along said right-of-way, a distance of 88.05 feet to the
beginning of a curve to the right having a radius of 20.00 feet, a central angle of
90°08'55"; thence leaving said right-of-way and along the arc of said curve a distance
of 31.47 feet, the long chord of said curve bears South 45018'25" East, a distance of
28.32 feet, to a point on the east line of Lot 48 of said phase 2; thence South
00°13'57" East, along said east line, a distance of 93.32 feet to a 5/8 inch iron pin with
a yellow plastic cap marked "RANDY L. FITCH LS 2867", at the southeast corner of
said Lot 48; thence South 89037'08" West, a distance of 147.98 feet to a 5/8 inch iron
pin with a yellow plastic cap marked "RANDY L. FITCH LS 2867", at the southwest
corner of Lot 47 of said phase 2; thence North 00°13'40" West, along the west line of
said Lot 47, a distance of 110.37 feet to the southerly right-of-way of BEEBE ROAD;
thence South 89°37'08" West, along last said right-of-way, a distance of 140.61 feet to
the easterly line of tract described in Instrument Number 90-11343, of the Official
Records of Jackson County, Oregon, and as depicted on Survey Number 12909, filed
in the office of the Jackson County Surveyor; thence leaving last said right-of-way and
along the easterly line of said tract, South 00°10'20" East, a distance of 164.57 feet to
the southerly line thereof; thence South 89037'00" West, along the southerly line of
said tract, a distance of 124.27 feet to the easterly right-of-way of HAMRICK ROAD;
thence South 00013'55"East, along last said right-of-way, a distance of 147.17 feet to
the Point of Beginning.
Containing 4.57 acres, more or less.
Basis of Bearings for this description is the east line of said Donation Land Claim
Number 55 and as depicted Survey Number 954, filed in the office of the Jackson
County Surveyor.
Prepared By: Neathamer Surveying, Inc.
304 South Central Avenue
Medford, Oregon 97501
Phone: (541) 732-2869
FAX: (541) 732-1382
REGISTEP.ED
PROFESSIONAL
LAND SURVEYOR
Date: July 31, 2000 Renewal Date: 12/31/00
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
AUG �1 j4 2000
' 1 � COUNTY CLERK