HomeMy WebLinkAboutSatisfaction Improvement Agreement 00-32066April 5, 2016
Jackson County Official Records 2016-011018
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Christine Walker, County Clerk for Jackson County, Oregon, certiPy
POINT
that the instrument Identified herein was recorded in the Clerk
records Christine Walker -County Clerk
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
Cody 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 Elden Smith and Nancy S. Smith entered into on June 29, 2000.
City of Central Point
Property located in the SE 1/4 of Section 2, Township 37S, Range 2W, Tax Lot 20 of the
Willamette Meridian of Central Point, Jackson County, Oregon.
Recording Number: 00-32066
Recording Date: 08/03/2000
lair, In- kr C_
Matt Samitore
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
Date
On the (,+)rN 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.
RMOFFICIAL TAMP
ESER
-OREGON
O.921764
EMBER 14, 2017
Notary Public for Oregon
My Commission Expires: 'l, 1 yl 11
140 S. 3rd a Central Point, OR 97502 •541.664.3321 a Fax 541.664.6384
00 32066
DEFERRED IMPROVEMENT AGREEMENT
for
Cody Subdivision, Central Point, Oregon
t eV. CA 4
This agreement made by and between Elden Smith and Nancy,i�'Smith,
DBA Southern Trend Builders, 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 of the Willamette Meridian, City of Central Point,
Jackson County, Oregon, which property is fully described as:
Lot Twenty (20) of the Amended Plot of Lots Three (3) to Ten (10) inclusive
of PITT VIEW SUBDIVISION, a subdivision of part of Donation Land Claim No.
58, Township 37 South, Range 2 West of the Willamette Meridian in Jackson
County, Oregon, according to the official plat thereof, now of record.
EXCEPTING THEREFROM the following: Beginning at the southeast corner of
said Lot Twenty (20), West along the southerly line of said Lot, 125.90
feet, North 250.0 feet, East 125.90 feet to the easterly line of said Lot;
thence South along said easterly line, 250.0 feet to the point of
beginning. ALSO EXCEPTING THEREFROM the following: Beginning at the
southeast corner of Lot 20 of the AMENDED PLAT of Lots 3 to 10 inclusive of
Pitt View Subdivision, a subdivision of part of Donation Land Claim No. 58
in Township 37 South, Range 2 West of the Willamette Meridian in Jackson
County, Oregon, according to the official plat thereof, now of record;
thence North 250 feet to the True Point of Beginning of tract to be
described; thence West 125.90 feet; thence North 166 feet to the north line
of said Lot 20; thence East 125.90 feet to the northeast corner of said Lot
20; thence South 166 feet along the east line of said Lot 20 to said True
Point of Beginning.
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.
1 - DEFERRED IMPROVEMENT AGREEMENT - Cody Subdivision (062200)
00 32066
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. Construction of the necessary improvements along the applicable
portions of Pittview Avenue that adjoin said subdivision including, but
not limited to, street section (including any necessary widening), curbs,
gutters, sidewalks, bikeways, storm drainage, traffic control and
delineation, street lighting, landscape buffer, and utility relocation (if
required) at the time and in the manner specified herein accordance
within City standards.
B. Completion of all sidewalks and driveway aprons within the subdivision
as shown on the construction plans for the development of the said
subdivision as approved and subsequently revised by the City.
Sidewalk and driveway aprons shall be completed within 30 months of
the approval of the construction plans for the development.
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 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.
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 -Cody Subdivision (062200)
00 32066
(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. 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.
6. 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 Pittview Avenue.
7. 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, 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.
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 Disputes. Should Owner disagree with any of
the discretionary decisions or requirements made by City hereunder, Owner may
3 - DEFERRED IMPROVEMENT AGREEMENT - Cody Subdivision (062200)
00 32066
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.
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 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 x946 day of u s2 -e-
2000, each party retaining an original.
OWNERS
SOUTHERN TREND BUILDERS
660 IN _1 PROMA, SAW A X 04 21
STATE OF OREGON )
)SS.
County of Jackson )
CITY OF CENTRAL PONT
On theo2$!� day of u rum 2000, personally appeared
before me the above-named Elden Smith and acknowledged the foregoing
instrument to be his/her voluntary act and deed.
N tary Public for Oregon
OFFICIALSEAL My Commission Expires:
SUSAN K MEYERS
NOTARY PUBLIC - OREGON
COMMISSION NO. 318810
MY COMMISSION EXPIRES OCT. 8. 2002
4 - DEFERRED IMPROVEMENT AGREEMENT - Cody Subdivision (062200)
00 32066
STATE OF OREGON )
) ss.
County of Jackson )
On the e29 day of u� 2000, personally appeared
before me the above-named NancySm' d acknowledged the foregoing
instrument to be his/her voluntary ac nd deed.
OFFICIAL SEAL
SUSAN K MEYERS
NOTARY PUBLIC • OREGON
COMMISSION NO. 316810
MY COMMISSION EXPIRES OCT. 0, 2002
STATE OF OREGON )
)SS.
County of Jackson )
Notary Public for Oregon
My Commission Expires: !o — ?— 02—
On
z
On the10day of �y t�Q� , 2000, personally
appeared before me the above-named Bill Walton, Mayor, and acknowledged the
foregoing instrument to be the voluntary act and deed of the City 9t Central Point.
� I��.. • / �� �/:.-�i_ ��✓ %lam
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
AUG 0 3 2000
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COUN
5 - DEFERRED IMPROVEMENT AGREEMENT - Cody Subdivision (062200)