Loading...
HomeMy WebLinkAboutSatisfaction Improvement Agreement 98-43613April 5, 2016 Jackson County Official Records 2016-011016 R -RAG 04/13/201601:24:64PM Cnt=1 SHINGLJS $500$1000$500$800$11 00 TotaI:S63.00 520 00 5a o0 CENTRAL 111111111illllllillll lllllllllllllllllll 11111 °"' ,001 POINTWalker, e County Clerk for Jackson County, Oregon, codify Niit theinstrument tlenMlatl herein was recorded m the Clark record Christine Walker -County Clerk RELEASE OF DEVELOPMENT AGREEMENT for Beall Estates, Phase III 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 Development Agreement, between the City of Central Point and Noel A. Moore and Bret A. Moore entered into on September 18,1998. City of Central Point Property located in the SE 1/4 of Section 12C, Township 37S, Range 2W, Tax Lot 3404 of the Willamette Meridian of Central Point, Jackson County, Oregon. Recording Number: 98-43613 Recording Date: 09/21/1998 h'111v-r- *MaSa I ore City of Central Point STATE OF OREGON) )ss. County of Jackson ) -)N - C-) �'� -q�1 � Date On the k+V,\ 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. L��j kcaj r" �'G,F/E3V.Y' Notary Public for Oregon My Commission Expires: 140 S. 3rd a Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384 98 43613 i�;1Z aS' DEFERRED IMPROVEMENT AGREEMENT for Beall Estates, Phase III Subdivision, Central Point, Oregon This agreement made by and between Noel A. Moore and Bret A. Moore, 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 Beall Estates, Phase III Subdivision located in the southwest quarter of Section 12C, Township 37 South, Range 2 West, Tax Lot 3404 of the Willamette Meridian, City of Central Point, Jackson County, Oregon, which property is fully described as: BEGINNING AT the initial Point, being a brass disk monumenting the Initial Point of Green Park Village Subdivision, Unit No. 1, according to the Official Plat, recorded in Volume 16, Page 121 of the Plat Records of Jackson County, Oregon, located in the southwest quarter of Section 12, Township 37 South, Range 2 West of the Willamette Meridian, said County; thence South 0004'16" East (record South 0003'48" East), along the northerly right of way line of Beall Lane, 10.12 feet; thence continue along said northerly line, along the arc of a curve to the left having a radius of 234.98 feet, a central angle of 5009'06", a length of 21.13 feet and a long chord bearing and distance of North 87021'32" West (record North 87020'59" West) 21,12 feet; thence North 89056'05" West (record North 89°55'32" West), along said northerly line, 220.17 feet, to a 5/8 inch iron pin monument; thence North 0000'09" East (record North 0000'42" East) leaving said northerly line, 230.38 feet, to a 3/4 inch iron pin monument, being the most southerly southeast corner of that tract described in Instrument No. 95-15149 of the Official Records of said County; thence continue North 0000'09" East (record North 0000'42" East), along the boundary of said tract, 97.55 feet, to a 5/8 inch iron pin monument; thence North 87°41'09" West (record North 89040'36" West), 128.69 feet, to a 5/8 inch iron pin monument; thence North 6030'32" East (record North 6°31'05" East), 89.84 feet, to a 5/8 inch iron pin monument; thence North 1005713" West (record North 10056'40" West), 47.99 feet to a 5/8 inch iron pin monument; thence North 81 °55'04" West (record North 81054'31" West), 51.43 feet, to the easterly boundary of Beall Estates, Phase I, according to the Official Plat, recorded in Volume 21, Page 39 of said Plat Records; thence along said easterly boundary North 1 048'06" East (record North 1 °48'40" East, 85.84 feet; thence North 17°10'19" West (record North 1709'46" West), 129.78 feet; thence North 11 °30'21" West (record North 11 29'48" West), 63.27 feet; thence North 2000'34" East (record North 2004'07" East), 62.04 feet; thence North 3°04'08" West (record North 3003'35" West), 62.09 feet; thence North 7016'43" East (record North 7017'16" East), 62.50 feet, to the south line of Parcel No. 3, Partition Plat No. P-77-1993 of the Records of said County, Index Volume 4, Page 77, Jackson County Surveyor's File No. 13653; thence North 89059'27" East (record East), along said south line, 6.54 feet, to the most easterly corner of that property line 1 - DEFERRED IMPROVEMENT AGREEMENT (091198) 98 43613 adjustment described in Instrument No. 96-19154 of said Official Records; thence along said adjusted property line, North 31 046'54" East, 27.86 feet; thence North 83012'59" East, 14.56 feet; thence North 89°06'05" East, 68.47 feet; thence North 86055'40" East, 94.32 feet; thence North 58043'23" East, 134.72 feet, to the southerly boundary of said Parcel No.3; thence along said boundary, North 0000'33" West (record North), 78.76 feet; thence North 89°59'27" East (record East), 213.84 feet, to a 5/8 inch iron pin monument; thence South 2043'25" East (record South 2024'52" East) along the east line of that tract described in Instrument No. 95-15150 of said Official Records, 488.56 feet; thence South 1032"11 " West (record South 1032'44" West), 235.10 feet, to a 5/8 inch iron pin monument; thence South 25024'51" West (record South 25°25'24" West), 194.15 feet, to a 2 % inch brass cap monument; thence South 0004'21" East (record South 0003'48" East), 207.51 feet, to the initial POINT OF BEGINNING. 2. Owner has applied for a permit in connection with construction of a 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: Agreement 1. Improvements to be Constructed or Installed. Owner agrees to construct and/or install the following improvements: A. Along the portion of Beall Lane that adjoins said subdivision including, but not limited to, street section (including any necessary widening), curbs, gutters, sidewalks, bikeways, storm drainage, traffic control, street lighting, and delineation, landscape buffer and utility pole relocation (if required) at the time and in the manner specified herein in accordance with City standards. 2 - DEFERRED IMPROVEMENT AGREEMENT (091198) 98 43813 B. Completion of all sidewalks and driveway aprons within the subdivision as shown on the revised Beall Estates Phase III plans approved on May 21, 1998, and July 9, 1998. 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 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 3 - DEFERRED IMPROVEMENT AGREEMENT (091198) 93 43613 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 Beall Lane. 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. 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. 4 - DEFERRED IMPROVEMENT AGREEMENT (091198) 98 43613 � ' I EXECUTED IN DUPLICATE this _day of each party retaining an original. OWNER By Y1a,_t&, f yvtmo-+2 Noel A. Moore By Bret A. Moore STATE OF OREGON ) ) ss County of Jackson ) CI CENTRAL PONT By: Mayor Rusty McGrath OFFICIAL SEAL DEANNA GREGORY NOTARV PUBLIC -OREGON COMMISSION NO. 054004 MY COMMISSION EXPIRES MAY 13, 2000 On the ! g4+- day of 199`1, personally appeared before me the above-named Noel A. Moore and Bret A. Moore and acknowledged the foregoing instrument to be their voluntad deed. ry ac n O-149 z L Notary Public for Oregon My Commission Expires: OFFICIAL SEAL STATE OF OREGON ) DEANNA GREGORY NOTARY PUBLIC -OREGON ) ss. COMMISSION NO. OSd004 MY COMMISSION EXPIRES MAY 13, 2000 County of Jackson On the /g_: day of 1994 , 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. w , jv� Notary Public for O on Jackson County, Oregon My Commission Expires: S l3-oc� Recorded OFFICIAL RECORDS SEP 21 1998 CO NTJ= YCLERK 5 - DEFERRED IMPROVEMENT AGREEMENT (091198)