HomeMy WebLinkAboutSatisfaction Improvement Agreement 99-02083April 6, 2016
Jackson County Official Records 2016-011021
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
Country Meadows Estates, Unit 2, Phase 1 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 Decarlow Homes, Inc. entered into on January 15, 1999.
City of Central Point
Property located in the SE 1/4 of Section 10BB and 106C, Township 37S, Range 2W Tax Lots
800 and 1900 of the Willamette Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 99-02083
Recording Date: 01/15/1999
Matt Samifore—
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
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.
:NOTARY
OFFICIAL STAMP Notary Public for Oregon
KAREN ROESER My Commission Expires:PUBUC•OREGON
OMMISSION NO.921764
MY COMMISEXPIRES NOVEMBER 14, 2017
140 S. 3rd a Central Point, OR 97502 •541.664.3321 is Fax 541.664.6384
R -RAG 04/13/2016 01:24:54 PM
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L Christine Walker County Clark for Jackson County, Oregon, certify
that theinstrument identifled herein was recorded in the Clerk
records Christine Walker - County Clerk
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
Country Meadows Estates, Unit 2, Phase 1 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 Decarlow Homes, Inc. entered into on January 15, 1999.
City of Central Point
Property located in the SE 1/4 of Section 10BB and 106C, Township 37S, Range 2W Tax Lots
800 and 1900 of the Willamette Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 99-02083
Recording Date: 01/15/1999
Matt Samifore—
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
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.
:NOTARY
OFFICIAL STAMP Notary Public for Oregon
KAREN ROESER My Commission Expires:PUBUC•OREGON
OMMISSION NO.921764
MY COMMISEXPIRES NOVEMBER 14, 2017
140 S. 3rd a Central Point, OR 97502 •541.664.3321 is Fax 541.664.6384
99-02OS3
DEFERRED IMPROVEMENT AGREEMENT
for
Country Meadows Estates, Unit 2, Phase I Subdivision, Central Point, Oregon
This agreement made by and between DeCarlow Homes, Inc., hereinafter
referred to as "Owner" , and the City of Central Point, Oregon, a municipal
corporation, hereinafter referred to as "City".
ISI rl
1. Owner is the owner of real property known as Country Meadows
Estates, Unit 2, Phase I Subdivision located in the southwest quarter of Section
1 OBB and 1 OBC, Township 37 South, Range 2 West, Tax Lots 800 and 1900 of
the Willamette Meridian, City of Central Point, Jackson County, Oregon, which
property is fully described as:
COMMENCING AT the northwest corner of Donation Land Claim (D.L.C.) No. 53, in
Township 37 South, Range 2 West of the Willamete Meridian in Jackson County,
Oregon; thence South 00°04'15" West 917.71 feet (Record South 00004'20" West
917.81 feet) to a point for the Northeast corner of Lot 11 of MITCHELL'S LANDING
SUBDIVISION, according to the Official Plat thereof now of record in Jackson
County, Oregon, said point also being the Northwest corner of the WEST PINE
VILLA SUBDIVISION, according to the Official Plat thereof, now of record in said
Jackson County; thence WEST along the Northerly boundary of said Lot 11, a
distance of 30.00 feet to a brass disc in concrete for the INITIAL POINT OF
BEGINNING; thence East along said Northerly boundary 30.00 feet to the
aforementioned Northeast corner of said Lot 11; thence South 00°04'15" West
(Record South 00°04'20" West) along the Westerly boundary of the aforementioned
WEST PINE VILLA SUBDIVISION; 617.96 feet; thence leaving said boundary WEST
144.00 feet; thence South 00°04'15" West 35.55 feet; thence WEST 194.52 feet;
thence NORTH 582.52 feet to a point on the Southerly boundary of the
aforementioned MITCHELL'S LANDING SUBDIVISION; thence EAST along said
boundary, 194.24 feet to a point on the boundary of that tract described in
Document No. 98-18624 of the Official Records of said Jackson County; thence
along said boundary, South 00'04'15" West 18.68 feet; thence EAST 115.00 feet;
thence North 00'04'15" East 89.67 feet to the INITIAL 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.
1 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 2,
Phase 1 Subdivision (010699)
99-02083
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:
AAareement
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 portion of Grant Road that adjoin the subdivisions of
Country Meadows 2 and 3 (as illustrated on the tentative plan
approved by the Planning Commission), including, but not
limited to, street section (including necessary widening),
bikeways, curbs, gutters, sidewalks, storm drainage, traffic
control and delineation, street lighting, landscape buffer, and
utiity pole and facility relocation (if required), at the time and in
the manner specified herein, in accordance with City standards.
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 July 10, 1998,
and as subsequently revised and approved by the City.
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. The sidewalks and driveway aprons will be completed, at a maximum,
within 2 years of the execution of this agreement.
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. 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
2 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 2,
Phase 1 Subdivision (010699)
99-0-2()S3
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;
(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 is
reasonably necessary.
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 Grant Road and/or Hanley Road.
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,
3 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 2,
Phase 1 Subdivision (010699)
99-02083
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
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 / 19m,
each party retaining an original.
OWNE,R��y nn// // CITY OF CENTRAL PONT n�
BY �✓ d'L( IL.
C. Mayor Bill Walton
4 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 2,
Phase 1 Subdivision (010699) //
99--02093
OFFICIAL SEAL
DEANNA GREGORY
STATE OF OREGON ) '`\ NOTARY PUBLIC -OREGON
Vi COMMISSION NO. 054004
► SS."
COMMISSION EXPIRES MAY 13, 20D0
County of Jackson ► 4 ~� ��'''`
On the / S day of , 19 tR , personally appeared
before me the above-named Z, and acknowledged the
foregoing instrument to be his voluntary act and deed.
o�blic for Oreg
My Commission Expires:
SEAL
STATE OF OREGON )
DEANREGORY '
Y PUBLIC -OREGON
SION NO. 054004
► ss.
[!j:,2MA
SXPIRESMAY 13, 2000County ofJackson ��—��
On the \S day of _S�ox , 199y , personally appeared
before me the above-named Go„cAL,,EL ;I &c pn"(-Q�,i11� �or�
and acknowledged the foregoing instrument to be the voluntary act and deed of the
City of Central Point.
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
JAN 15 1999
COUNTY CLERK
dLa__� "."
Notary Public for Orego
My Commission Expires:
5 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 2,
Phase 1 Subdivision (010699)