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HomeMy WebLinkAboutSatisfaction Improvement Agreement 98-56233Jackson County Official Records 2018-003599 R.RaG Sin=16MORGANSS 01/31/2018 02:16:33 PM tl 3500310 W$560$800$11 00 520 00 $63.00 54 00 nOounryclerk 0Na<hson mrnfy that[he inshi Identified herein nes mcJI&J In lhi rei Chnstine Walker - County Glerk CENTRAL POINT January 26, 2018 SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For Country Meadows Estates, Unit I, Phase I Subdivision, 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 Burl John Brim, Jr., and Veronica Brim entered into on December 1, 1998. City of Central Point, January 2018 Property located in the Township 37, Range 2W Section 10C of the Willamette Meridian, Tax Lots 4801, 4802, 4803, and 4804 Recording Number: 98-56233 Recording DateDecember 3, 1998 A /V\,-5d /� mitore Date City of Central Point STATE OF OREGON ass. County of Jackson On the—I day of January, 2018, 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 Noi lic rOregon CYKTNU A WEEKS My Commission Expires: 640So%2U It NOTARY PUBLIC-OREOON COMMISSION NO. 960992 W COWISSION EIPIRES JUNE 00. 7010 9S-56'233 gam -rte DEFERRED IMPROVEMENT AGREEMENT for Country Meadows Estates, Unit I, Phase I Subdivision, Central Point, Oregon This agreement made by and between Burl John Brim, Jr., and Veronica Brim, 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 known as Country Meadows Estates, Unit I, Phase I Subdivision located in the southwest quarter of Section 1OC, Township 37 South, Range 2 West, Tax Lots 4801, 4802, 4803, and 4804 of the Willamette Meridian, City of Central Point, Jackson County, Oregon, which property is fully described as: COMMENCING AT a brass disc monument being the northwest corner of Donation Land Claim No. 66, in township 37 south, Range 2 West of the Willamette Meridian in Jackson County, Oregon, thence North 89°52'05" West 84.70 feet (record North 89052'45" West 84.67 feet) to a brass disc monument marking the centerline of HANLEY ROAD, thence North 3°50'00" East, along said centerline, 1721.88 feet, thence North 86°10'00" West 30.00 feet to a 5/8" iron pin marking the point of beginning of a certain boundary line established by agreement as recorded in Instrument No. 97-44116 of the Official Records of Jackson County, Oregon, said point being the INITIAL POINT OF BEGINNING; thence South 03°50'00" West, along the western right-of-way line of HANLEY ROAD, 178.16 feet to the northeast corner of the tract described in deed recorded as No. 91-22011 of said Official Records; thence North 89°55'25" West 420.19 feet to the northwest corner thereof, thence South 00°04'04" West 297.38 feet to the southwest corner thereof; thence South 81°00'00" West, along the southern line of the tract described in deed recorded as No. 88-22262 of said Official Records, 305.78 feet (record 305.71 feet) to the southwest corner thereof; thence North 14°43'52" West (record North 14°43'45" West), along the eastern right-of-way line of GRANT ROAD, 393.60 feet; thence North 79°10'00" East 205.24 feet; thence South 77°22'57" East 94.91 feet; thence North 00°04'04" East 28.94 feet; thence South 89°55'25" East 161.00 feet; thence North 00°04'04" East 245.01 feet to the southwest corner of the tract described in Volume 369, Page 48 of the Deed Records of Jackson County, Oregon; thence South 89°55'25" East (record East) 194.02 feet to the northwest corner of TRACT B described in deed recorded as No. 70-09932 of said Official Records; thence South 03°50'00" West 126.00 feet to the southwest corner thereof, said point being the point of terminus of that certain aforesaid boundary line established by agreement recorded in Instrument No. 97- 44116 of said Official Records; thence along said agreement line, South 51'45'08" East 12.16 feet to a 5/8" iron pin; thence South 84°55'37" East 184.60 feet to the initial point of beginning. 1 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998) RETURN TO JACKSON COUNTY TITLE DIVI3ION 502 WEST MAIN ST., MEDFORD, OR 97501 98-56233 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: AAgreement 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 Hanley and Grant Roads 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 pole 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 March 2, 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 2 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998) '9b-56233 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 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 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 3 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998) 98-56233 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, 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. 1 1 . 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—DVA^&t , 190q, 4 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998) 98-56233 each party retaining a riginal. OWNER By url h Jr. Veronica Brim CITY OF CENTRAL PONT By: 7� �_ Mayor Rusty McGrath OFFICIALSEAL L# TAMMY OWEN STATE OF OREGON ) cOTutARYPUBLOMISSION NO R SS. MY COMMISSION EXN County of Jackson ) On the_& day of ,I,,IQ.�.Q�{N�,UL.t' 19 W, personally appeared before me the above-named Burl John Brim, Jr., and acknowledged the foregoing instrument to be his voluntary act and deed. jNnnk 1� Notary Public fcy Oregon My My Commission Expires: y�ii./TAMMY ..ii�wtry1 OFFICIALSEALtSTATE OF OREGON, EN NOTARY PUBLIC - OREGON SS.+` 1 EXPIRES PRIL • ofJackson�% /i//!l MY COMMISSION EXPIRES APRR. I///i//.+// �/� On the 119, day of_QM*bQli 19, personally appeared before me the above-named Veronica Brim, and acknowledged the foregoing instrument to be her voluntary act and deed. �' IMM4.dlu�'� Notary Public &r regon _ //7/oa My Commission Expires: -1 5 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998) 9N-56233 OFFICIAL SEAT STATE OF OREGON ) DEANNA GREGORY � - NOTARY PUBUC•OREGON ) SS. � COMMISSION NO. OSd004 County of Jackson ) My coMMlssl�v�a,nv� On the day of ►�o���� a ( 199, personally appeared before me the above-named Mayor Rusty McGrath, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. Notary Public for re n My Commission Expires: S -/3-D6 Jackson County, Oregon Recorded OFFICIAL RECORDS DEC 0 3 1998 o 9A�COUNTY CLERK 6 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 1, Phase 1 Subdivision (101998)