HomeMy WebLinkAboutSatisfaction Improvement Agreement 98-54834April 6, 2016
Jackson County Official Records 2016-011024
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POINT
I, attheiChristine instrument
County Clerk for Jackson County, a Clark certify
that the ms[rument itlentmatl herein was recorded in the Clark
records Christine Walker -County Clerk
RELEASE OF DEFERRED IMPROVEMENT AGREEMENT
for
North Valley Estates Subdivision, Unit No. 1
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 Memorandum of Deferred Improvement Agreement, between the
City of Central Point and Pactrend, Inc. entered into on November 23, 1998.
City of Central Point
Property located in the SE 1/4 of Section 36, Township 37S, Range 2W Tax Lots 300 and 400
of the Willamette Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 98-54834
Recording Date: 11/24/1998
Matt Samitore
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.
K ox'ex-, ae o>
=!kCN0
Notary Public for Oregon
EGONMy Commission Expires:'i1784R 14, 2017 y
140 S. 3rd a Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384
98 54834
DEFERRED IMPROVEMENT AGREEMENT
for
North Valley Estates Subdivision, Unit No. 1, Central Point, Oregon
This agreement made by and between Pactrend, Inc., an Oregon Corporation,
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 North Valley Estates
Subdivision, Unit 1, located in the northwest quarter of Section 313, Township 37
South, Range 2 West, Tax Lots 300 and 400 of the Willamette Meridian, City of
Central Point, Jackson County, Oregon, which property is fully described as:
COMMENCING AT the Northeast corner of the Northwest One -Quarter (1/4) of
Section 3 in Township 37 South, Range 2 West of the Willamette Meridian in
Jackson County, Oregon; thence North 89046'26" West along the Northerly
boundary of said Section 3, a distance of 657.22 feet; thence South 00°16'12"
East 30.00 feet to a point on the Southerly right-of-way line of Scenic Avenue;
thence continue South 00016'12" East 7.00 feet to a brass disc in concrete for the
INITIAL POINT OF BEGINNING; thence continue South 00°16'12" East 983.52 feet;
thence South 89°49'48" West 549.47 feet; thence North 03°03'07" West 255.29
feet; thence North 89°49'48" East 69.55 feet; thence North 00°16'12" West
104.04 feet; thence North 19°02'51" West 54.96 feet; thence North 00°16'12"
West 308.04 feet; thence North 89°46'26" West 36.00 feet; thence North
00° 16'12" West 275.48 feet to a point on the aforementioned Southerly right-of-
way line of Scenic Avenue; thence South 89°43'28" East along said right-of-way
line, 546.02 feet; thence South 00°16'12" East 7.00 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.
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
1 - DEFERRED IMPROVEMENT AGREEMENT - North Valley Estates Subdivision,
Unit 1(111998)
98 54834
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:
1. Improvements to be Constructed or Installed. Owner agrees to
construct and/or install the following improvements:
A. Construction of an approved irrigated landscape buffer along the
applicable portion of Scenic Avenue that adjoins said
subdivision.
B. Construction of necessary improvements along the applicable
portion of State Highway 99 and the connection to Scenic
Avenue, that adjoin the North Valley Estates Subdivision,
including, but not limited to street section (including any
necessary widening), curbs, gutters, sidewalks, bikeways, storm
drainage, traffic control and delineation, street lighting, sound
buffer, and utility pole relocation (if required) at the time and in
the manner specified herein in accordance with City and Oregon
Department of Transportation standards.
C. 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 11,
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, except as conditioned below. Owner
specifically understands that City may demand performance at any time, and
Owner agrees to perform upon such demand. The landscape buffer along Scenic
Avenue shall be completed within 6 months of the execution of this agreement.
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
2- DEFERRED IMPROVEMENT AGREEMENT - North Valley Estates Subdivision,
Unit 1(111998)
98 54834
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
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
3- DEFERRED IMPROVEMENT AGREEMENT - North Valley Estates Subdivision,
Unit 1(111998)
1.
98-54834
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.
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 _22__day of A)b m La 19y,
each party retaining an original.
OWNER CITY ENTRAL POINT
--T-
By By:
Pactrend, Inc.
Louis F. Mahar, President Mayor Rusty McGrath
4- DEFERRED IMPROVEMENT AGREEMENT - North Valley Estates Subdivision,
Unit 1(111998)
.98 54834
STATE OF OREGON ►
1 ss.
County of Jackson ►
On the _day of A, jt)eiM
�OL , 19L�, personally appeared
before me the above-named Louis F'Mahar
and acknowledged the foregoing
instrument to be his voluntary act and
deed.
Notary Public for Oregon
OFFICU.L SEAL
L. = NE LA ROSA
My Commission Expires:��'?-�j �3t9
NOTARY PUBLIC -OREGON
COMMISSION NO. 060364 I
MY COMMISSION EXPIRES DEC. 22, 2009
OFFICIAL SEAL
STATE OF OREGON ►
DEANNA GREGORY
NOTARY PUBLIC -OREGON
► SS.
COMMISSION NO. 054004
MY COMMISSION EXPIRES MAV 13, 2000,
County of Jackson
► k,�-�-�--<,->-��-,�-,�-��`�—�_..•.�<-.
On the �r, day of 'nouem�t� , 1942, personally appeared
before me the above-named Mayor Rusty McGrath, and acknowledged the
foregoing instrument to be the voluntary act and deed of e City of Central Point.
Notary Public for O gon
Jackson County, Oregon My Commission Expires: T -M-66
Recorded
OFFICIAL RECORDS
NOV 2 41998
02: SSG
/ Cp TY CLERK
5 - DEFERRED IMPROVEMENT AGREEMENT - North Valley Estates Subdivision,
Unit 1(111998)