HomeMy WebLinkAboutSatisfaction Improvement Agreement 00-25495April 6, 2016
Jackson County Official Records 2016-011022
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POINT Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
records Christine Walker -County Clerk
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
Griffin Creek Estates 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 ETLN, Inc. entered into on May 12, 2000.
City of Central Point
Property located in the SE 1/4 of Section, Township 37S, Range 2W Lot 27 in Block 2 of
Flagstone Subdivision of the Willamette Meridian, City of Central Point, Jackson County,
Oregon.
Recording Number: 00-25495
Recording Date: 06/19/2000
Matt Samitore
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
Date
On the �4h 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.
TAMPNotary Public for OregEBER-OREGONMy Commission Expires:O. t32t 764am
MBER 14, ZOt7
140 S. 3rd a Central Point, OR 97502 •541.664.3321 a Fax 541.664.6384
00 25495 5
DEFERRED IMPROVEMENT AGREEMENT
for
Griffin Creek Estates Subdivision, Central Point, Oregon
This agreement made by and between ETLN Inc., an Oregon Corporations
with a mailing address of post office box 884, Rogue River, Oregon 97537
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, of the Willamette Meridian, City of Central Point, Jackson County,
Oregon, which property is fully described as:
Commencing at the Southwest comer of Lot 27 in Block 2 of FLAGSTONE SUBDIVISION, in
the City of Central Point, according to the official plat thereof, now of record in Jackson County,
Oregon; thence South 89° 50' 55" West (record South 89° 50' 30" West) along the Southerly
boundary of said Subdivision, 25.90 feet to a brass disc set in concrete for the initial point of
beginning; thence North 89° 50' 55" East (record North 89° 50' 30" East) along said Southerly
boundary of Flagstone Subdivision, 360.90 feet to the Southeast comer thereof; thence leaving
said boundary, South 125.54 feet to a point on the Northwesterly right of way line of West Pine
Street; thence South 54° 51' 30" West along said right of way line 315.03 feet; thence leaving
said right of way he North 20° 04' 10" West 250.00 feet; thence South 540 51' 30" West 90.00
feet to the Northeast comer of Parcel No. 2 of Partition Plat recorded March 25, 1991 as
Partition Plat No. P-25-1991 of "Record of Partition Plats" in Jackson County, Oregon, and filed
as Survey No. 12443 in the Office of the Jackson County Surveyor, thence continue South 540
51' 30" West, along the Northwesterly boundary of said Parcel No. 2, a distance of 120.00 feet
to the Northwest comer thereof; thence South 20° 04' 10" East along the Southwesterly
boundary of said Parcel No. 2, a distance of 90.00 feet; thence leaving said boundary South 54°
51' 30" West 90.00 feet; thence South 20° 04' 10" East 160.00 feet to a point on the
aforementioned Northwesterly right of way line of West Pine Street; thence South 54° 51' 30"
West along said right of way line 83.05 feet; thence leaving said right of way line, North 34° 23'
50" West 159.06 feet; thence South 55° 04'30" West 80.66 feet; thence North 33° 38' 30" West
28.79 feet; thence North 000 09' 51" West 416.36 feet to a point on the aforementioned
Southerly boundary of Flagstone Subdivision; thence North 890 50' 55" East (record North 890
50'30" East) along said Southerly boundary, 383.09 feet to the initial point of beginning.
2. Owner has applied for a building permit in connection with
construction of a subdivision, 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.
1 - DEFERRED IMPROVEMENT AGREEMENT - Griffin Creek Estates (050900)
00 25495
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 at the time and in the manner
specified herein: Improvements to Pine Street including, but not limited to, street
section widening, curbs, gutters, sidewalks, bikeways, street lights, storm
drainage, landscape buffer (Le street tress and grass), and traffic control and
delineation. The required improvements shall be coordinated and approved by the
Jackson County Roads and Parks Services (JC Roads) and the City Public Works
Department (PWD). Acceleration and deceleration lanes meeting JC Roads
standards may need to be provided at the proposed development's intersections
with Pine Street.
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.
2 - DEFERRED IMPROVEMENT AGREEMENT - Griffin Creek Estates (050900)
00 25495
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;
(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 and fees, 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 Pine Street.
7. 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
3 - DEFERRED IMPROVEMENT AGREEMENT - Griffin Creek Estates (050900)
00 25495
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
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�day of :2224 4 2000, each
party retaining an original.
ETLN Inc.
By: 14/
E. T. ranch
CITY OF CENTRAL PONT
By: W
Mayor Bill Walton
4 - DEFERRED IMPROVEMENT AGREEMENT - Griffin Creek Estates (050900)
00 25435
STATE OF OREGON ►
► ss.
County of Jackson
The foregoing instrument was acknowledged before me this/) -f4 day of
2000, by E.T. Branch as Secretary/Treasurer of ETLN Inc.,
an Orego Corporation, on behalf and authority of the corporation.
STATE OF OREGON
County of Jackson
1
► ss.
Notary Public for Oregon
My Commission Expires:
On the day of n 1 %+4 , 2000, personally appeared
before me the above-named Bill Wal n, Mayor, 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:
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
JUN 19 2000
9�TY CcLERKJ
5 - DEFERRED IMPROVEMENT AGREEMENT - Griffin Creek Estates (050900)