HomeMy WebLinkAboutCouncil Resolution 573,~o~°
RESOLUTION NO. 573 .I~i
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO
THE SUBDIVISION KNOWN AS STONECREEK NO. 4, PHASE II
WHEREAS, Subdivider Gary T. Whittle received preliminary
plat approval £or Stonecreek Subdivision No. 4, Phase II on the
16th day of August 1990 and has, pursuant to Central
Point Municipal Code Chapter 16.28, submitted application for
final plat approval, and
WHEREAS, the Planning Commission of the City of Central
Point has, on November 6, 1990, reviewed. said application for
final plat approval and recommended approval thereof by
Resolution No. 210 and
WHEREAS, the City Council of the City of Central Point
reviewed said application for approval of the final plat on the
15th day of November, 1990 and received and reviewed the City's
staff report, the Planning Commission report and resolution, and
other evidence, and being fully advised, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Upon review of said application for final plat
approval, the Council finds and determines the following:
A. The same has been submitted in a timely fashion.
B. The same is in conformance with the preliminary
plat as approved.
C. The submission is in the form and contains all of
the information required by Central Point Municipal Code Chapter
16.28 and all applicable statutes.
D. The appropriate fees have been submitted therewith.
E. The Director of Public Works has examined the same
and finds it to be technically correct.
F. The Subdivider has not completed construction of
all improvements in accordance with said plat and. conditions
thereon, but has agreed to completion of all improvements and
compliance with all conditions of said preliminary plat, and
further in relation thereto, the Subdivider has complied, in a
manner satisfactory to the Council, with the bonding requirements
of Municipal Code Section 16.28..080.
Section 2. The City hereby grants final plat approval to
the final plat for Stonecreek Subdivision No. 4, Phase II,
subject to the execution by Subdivider of the Security for
Performance Agreement attached hereto as Exhibit A, and further
subject to completion of the bond requirements, to the
RESOLUTION NO. 573 - 1
(STONECR6.RES - 111390)
satisfaction of the City Council, as required by Municipal. Code
Section 16.28.080.
Section 3. The Mayor is hereby authorized and directed to
execute said Security for Performance Agreement, bond documents,
final plat and all other documents on behalf of the City in
connection with the within final plat approval and conditions.
Passed by the Council and signed by me in authentication of
its passage this day of
ATTEST:
1990.
~~~
Mayor
City Representative
APPROVED by me this day of 1990.
~~9
Mayor ~
t, t ., t. ., ., rt t. ~ t. ~ :~ ,. ~ ;< t t, t, t, ..t t, ~ ,~ ~< t, .. ~ :e t t fr ~ t. ,. ., t ., :t t.
I hereby veto this resolution due to the subdivider's 'lure to perfarm
financial bonding requirements. ~~
City Rep~,esantative J ~
Signed by me this~~day of tuber,. 990.
`_
Mayor
RESOLUTION NO. 573 _ 2
(STONECR6.RES - 111390)
A G R E E M E N T
(Security for Performance)
THIS AGREEMENT, made and entered into by and between the
City of Central Point, Oregon, an Oregon municipal corporation,
hereinafter called "City", and Gary T. Whittle, Pacific Crest
Property, Inc., an Oregon corporation, Thurman O. Barnes and
Helen Barnes, J. O. McGinnis and Naomi F. McGinnis, Leonard E.
Franek and Gayle P. Franek, Trustees of the Franek Loving Trust,
hereinafter called "Subdivider",
WITNESSETH:
WHEREAS, Subdivider has been advised of the conditions of
approval for a tentative approval of the preliminary subdivision
plat for Stonecreek No. 4, Phase II granted by the Central Point
City Council on August 16, 1990 and has accepted said conditions
requiring construction of public facilities described therein,
and said public facilities have not yet been totally completed,
and
WHEREAS, Subdivider has applied. to City for final plat
approval of Stonecreek Subdivision No. 4, Phase ii, and as a
condition thereof, and pursuant to Central Point Municipal Code
Section 16.28.080, City has required a cash deposit in a sum
sufficient to complete construction of the improvements required
therein in the event of Subdivider's failure to do so, and the
sum established and agreed upon between the parties as being
necessary for said purpose is the sum of $37,000, now, therefore,
in consideration of the covenants herein exchanged,
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. City hereby acknowledges receipt of a cashier's check
drawn on Bank, in the sum of Thirty
Seven Thousand Dollars ($37,000) to secure Subdivider's
performance of the construction of the improvements required as a
condition of approval of said preliminary plat, pursuant to
Central Point Municipal Code Section 16.28.080(A)(2), and in
consideration thereof, City agrees to grant final plat approval
to Stonecreek Subdivision No. 4, Phase II, to Subdivider.
2. City agrees that in the event said required public
improvements are completed by April 29, 1991 in accordance with
the specifications and descriptions contained in plat approval
and approved construction plans, said deposit shall be fully
AGREEMENT - 1
(STONCRK2.AGR - 111390)
refunded, without interest, to Subdivider upon acceptance of said
improvements by City.
3. Subdivider agrees that in the event the public
facilities described above are not fully completed by April 29,
1991 in accordance with said conditions of approval, City shall
have the. unlimited right, in its own. discretion, to utilize said
cashier's check and to expend the proceeds. thereof for the
completion of said improvements by City, or by any person or firm
with whom City shall contract for such completion, on such terms
and for such amounts as City shall, in its sole discretion,
determine, and that following completion of said improvements,
City shall have the further right to utilize said proceeds in an
amount equal to all sums and costs incurred by City in the
completion of said improvements, including administrative costs,
whereupon any balance remaining therefrom shall be returned to
Subdivider.
IN WITNESS WHEREOF, the parties hereto have set their hands
to this instrument as of the day and year first herenabove
written.
CITY OF CENTRAL POINT, OREGON
By O~~
Mayor
SU IVIDER
0
t
Gary T. hittle
Pacific Crest Property, Inc. an
Oregon corporation
By
By
i~-~~-a-~., a, d--
Thurman O. Barnes
~~~ ~~~
Helen Barnes
O. McGinnis
Naomi F. McGinnis
AGREEMENT - 2
(STONCRK2.AGR - 111390)
Franek Loving Trust
F
~,L~onard E. Franek
~F ' °~ y
G yle P Franek
STATE OF OREGON )
ss.
County of Jackson )
On this day of 1990, before me
personally appeared Don Jones, and acknowledged that the foregoing
instrument was signed by him as Mayor of the City of Central
Point, Oregon and that declared the foregoing instrument to be his
voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON }
ss.
County of Jackson. )
On this ~~day of `"~,ry~/) 1990, before me
personally agpeared Gary T. Kittle, and acknowledged the
foregoing instrument to be his voluntary act and deed.
Notary P is or Oregon
My Commi sion Expires: UU~/-,P-
STATE OF OREGON )
ss.
County of Jackson )
On this day of 1989, before me
personally appeared the ,
and the of Pacific Crest
Property, Inc., an Oregon corporation, and acknowledged the
foregoing instrument to be the voluntary act and deed. of said
corporation.
Notary Public for Oregon
My Commission Expires:
AGREEMENT - 3
(STONCRK2.AGR - 111390)
SPATE OF OREGON
ss.
County of 3ackson )
On this 1~'~`day of }per,,, ,L,o ? 1990, before me
personally appeared Thurman Barnes and Helen Barnes, and
acknowlediged the foregoing instrument to be their voluntary act
and deed. ~
, r ~
Notary P lic or Orego~t~
My Commi lion xpires: V (- -q~[
STATE Gr^ OREGON )
ss.
County of `Jackson )
On this ~~ay of `} ~i9-/te.~n.~e~ f ) 1990, before me
personally appeared J. O. Ginnis and Naomi F. McGinnis, and
acknowledged the foregoing instrument to be their voluntary act
and decd.
~L
Notary Pu is or Oregon
My Commis on xpires : //_R _ q~
STATE OF OREGON )
ss.
County of Jackson )
On this ~~'day of ~ 1990, before me
personally appeared Leonard E. Franek and Gayle P. Franek,.
Trustees o£ the Franek Loving Trust, and warranted that they are
empowered ro sign on behalf of said Trust and to obligate the same
bl• their 'sole signatures, acknowledged the foregoing instrument to
be their voluntary act and deed. //
Notary P is or Oregor~-
My Commission Expires: //_R _ q/
AGREEMENT - 4
(STONCRK2.AGR - 111380)