HomeMy WebLinkAboutSatisfaction Improvement Agreement 98-13150April 5, 2016
Jackson County Official Records 2016-011017
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POINTChristine Walker County Clark 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
Bluebird Heights 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 Charles David Freel, Jeanne M. Freel and Kathleen L. McKenzie entered into on
October 15,1997.
City of Central Point
Property located in the SE 1/4 of Section 2, Township 37S, Range 2W of the Willamette
Meridian of Central Point, Jackson County, Oregon.
Recording Number: 98-13150
Recording Date: 04/03/1998
Af
Matt amito e
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
0q -oh- aol�
Date
On the�n \ 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.
OFFICIAL
gER
Notary Public for Oregon
NOTARY PUBLIC -OREGON
My Commission Expires: 1 Ii
COMMISSION NO. 921764
MY COMIdISSION SIP FES NOVEMBER 14, 2017
140 S. 3rd a Central Point, OR 97502 •541.664.3321 is Fax 541.664.6384
98-1:3150
DEFERRED IMPROVEMENT AGREEMENT
for
Bluebird Heights Subdivision
;�:;) .30 -
This agreement made by and between CHARLES DAVID FREEL, as Trustee of the
Charles D. Freel Trust, dated 3/8/96; JEANNE M. FREEL, as trustee of the Jeanne
M. Freel Trust, dated 3/8/96; and KATHLEEN L. MCKENZIE, as Trustee of the
Kathleen L. McKenzie Family Trust, dated 7/21/93, 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 Bluebird Heights
Subdivision in Central Point, Oregon, as platted and recorded in the Jackson County
Deeds and Records. Which property is in the S.W. '/4 of Section 2, Township 37S,
Range 2W, W.M. Central Point, Jackson County, Oregon.
2. Owner has agreed, under a development agreement between the
Owner and the City dated January 17, 1997, to construct or cause to be
constructed, at the developer's own expense, certain improvements to include
streets. Under Central Point Municipal Code (CPMC) Chapter 16.20.010 B, "The
construction of streets shall include subgrade, base, asphaltic concrete surfacing,
curbs, gutters, sidewalks, storm drainage, street signs, street lighting, and
underground utilities."
3. In reviewing said development agreement, City has determined that
immediate construction and/or installation of the necessary sidewalk and driveway
apron improvements are not practical at the present time.
4. Owner agrees that said sidewalk and driveway apron 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. Property Affected. This agreement affects the following real property:
Lots 1 & 2 and Lots 5 through 19 of Bluebird Heights Subdivision in the City of
Central Point, Jackson County, Oregon, according to the official plat thereof.
1 -DEFERRED IMPROVEMENT AGREEMENT (101497)
38 -131St)
2. 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: Sidewalk and driveway aprons adjacent to each lot in said Bluebird
Heights Subdivision, according to City standards, as illustrated in the standard
details contained in attachment "A".
3. Time of Making Improvements. The parties agree that the time for
construction and/or installation of said sidewalk and driveway improvements shall
be as follows:
Each lot shall have its respective sidewalk and driveway apron constructed at
the time that the lot is developed or within a two (2) year period from the
date of this agreement, which ever comes first.
4. 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, when applicable;
(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.
5. 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.
6, 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.
2 - DEFERRED IMPROVEMENT AGREEMENT (101497)
98-13150
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.
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. Each lot owner is
only responsable for the sidewalks and driveway apron improvements adjacent to
that lot owner's respective lot.
9. Acceptance of Completed Work: As the sidewalk and driveway apron
improvements are completed for each lot in Bluebird Heights Subdivision, the City
administrator, or his designee, shall issue a writen document for recording certifying
the completion, to the satisfaction of the Poblic Works Director, of the work in
respect to the particular lot for which the work has been completed.
10. 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.
11. 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.
12. Disclosure of Representation. This agreement has been prepared 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.
3 - DEFERRED IMPROVEMENT AGREEMENT (101497)
38-13150
EXECUTED IN DUPLICATE this /5-4 day of cla,�4
194, each party retaining an original.
OWNER
By
harles David Freel, as trustee
of the Charles D. Freel Trust,
dated 3/8/96
By
Jeanne M. Freel, as trustee
of the Jeanne M. Freel Trust,
dated 3/8/96
CITCENTRAL PONT
By:,
Mayor Rusty McGrath
By Aa�%�,c..i
Kathleen L. McKenzie, as t ustee
of the Kathleen L. McKenzie Family Trust,
dated 7/21/93
STATE OF OREGON ►
► ss.
County of Jackson ►
On the 15th day of October 19 97, personally appeared
before me the above-named Charles David Freel, as trustee of the Charles D. Freel
Trust, dated 3/8/96, and acknowledged the foregoing instrument to be its voluntary
act and deed.
L)(a A'k&�
OFFICIAL SEAL
APRIL JEAN ADAMS Notary Public fa(r)Oregon
ON
COMNOTMISSONINO 054680 My Commission Expires: 6/5/00
MY COMMISSION EVISES JUNE 5.1000
4 - DEFERRED IMPROVEMENT AGREEMENT (101497)
J8-13150
STATE OF OREGON ►
ss.
County of Jackson 1
On the /5-:� day of (jC *F2 f , 194, personally appeared
before me the above-named Jeanne M. Freel, as trustee of the Jeanne M. Freel
Trust, dated 3/8/96, and acknowledged the foregoing instrument to be its voluntary
act and deed.
c' ��i1/Z� L%�Y�i✓u0-�i
NotaN Public for gon
My Commission I9e
On the /54/day of Jn , 199% personally appeared
before me the above-named Kathleen L. McKenzie, as trustee of the Kathleen L.
Mckenzie Family Trust, dated 7/21/93, and acknowledged the foregoing instrument
to be its voluntary act and deed.
M.
G9
STATE OF •' •
County of Jackson
No ary Public fo regon
My Commission Expires:
► OFFICIAL SEAL
DEANNA GREGORY
► ss. " NOTARY PUBLIC -OREGON
) MY COMM SS ON IFX RES MAV 513 2000
�tti - -
On the day of OcAoNCIY_ 19q-1, 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 Oreg n
el -
My Commission Expires: -/ 3-06
5 - DEFERRED IMPROVEMENT AGREEMENT (10 1497)
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