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HomeMy WebLinkAboutResolution 271 - Youngs Partition Final/'r r°, PLANNING COMMISSION RESOLUTIDN NO. ~7/ A RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR A LAND PARTITION {Applicant: Robert and Dixie Ynungs} {37 2W 10DB Tax Lat 8200} Recitals 1. Applicants previously received tentative plan approval and have now submitted an application for final plat approval far a land partition an a 1.21-acre parcel located at 3435 Snowy Butte Lane. 2. Ora December 21, 1.993, the Planning Commi,ssian reviewed said application for final. plat approval. Naw, therefore, BE IT RESOLVED E3Y THE PLANNING COMMISSION OF THE CITY OF CENTRAL POTNT, OREGON, AS FOLLOWS: Section 1. The Planning Commission finds and determines that the final plat is in substantial conformance with the approved tentative plan, as well as all applicable ordinances and state laws. Applicants have not completed all of the improvements required under the tentative plan approval, and applicants have therefore executed a Development Agreement providing for the required imprnvements, a copy of which is attached hereto, marked Exhibit "A". Applicants have submitted a letter of credit securing performance of the required improvements. A copy of such letter of credit is attached hereto, marked Exhibit "B" Section 2. Approval is hereby granted to the final plat submitted herein, subject to all applicable conditions cnntained in the tentative plan appravai and in the Development Agreement attached hereto. The Planning Comrnissian Chairman is hereby authorized to sign the final plat an behalf of the City. Passed by the Planning Commission and signed by me in a thentication of its passage this ~,_ day of 1994 . ~~ ~ ~.5.. Planning Commission Chairman 1 -- PLANNING COMMISSION RESOLUTION NO. ~~ {011994} ATTEST: City Repr erat five Approved by me this ~.~"_ day of 1994. r Plann~.ng Commission Chairman 2 -' PLANNING COMMISSION RESOLUTION NO. ~_ (011994} DEVELOPMENT AGREEMENT (Youngs Partition} (37 2W 10DB Tax Lot 8200) This agreement made this o?~ day of ~~ , 1.994, by and between the City of Central. Point, Orego , a municipal corporation, hereinafter referred to as "City", and Robert and Dixie Youngs, hereinafter referred to as "Developer". Recitals 1. Developer has previously been granted tentative plan apprnval by City fnr a three--lot land partition on a 1..21-acre parcel located at 3435 Snowy Butte Lane, Central Point, Dregon, which approval is subject to certain conditions. 2. Developer has applied to City far final plat approval of said subdivision. 3. Before final plat approval can be obtained, Central Point Municipal Code Chapter 16.36 requires, among other things, that Developer and City execute and file an agreement relating to certain improvements and repairs required to be made in the development at issue. Now, therefore, in consideration of the covenants herein exchanged, the parties agree as follows: Agreement 1. PROPERTY AFFECTED. This agreement affects the followa.ng-described real property: Commencing at the southwest corner of Lot "H", Snowy Butte Orchards, in Section 10, Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, according to the Official Plat thereof, now of record; thence north 00° Ol'40" west along the westerly line of said Lot "x", 388.00 feet to the INITIAL POINT OF BEGINNING; thence continue north 00°01'40" west along said westerly line 145.00 feet to the northwest corner of tract as described in Document No. $3-07655 of the Official Deed Records of said Jackson County; 1_ - DEVELOPMENT AGREEMENT (011994} thence south 89°58'43" east along the northerly line of said tract 290.60 feet; thence south 00°00'03" east 65.00 feet; thence south 89°58'03" east 134.70 feet to a point nn the westerly line of Snowy Butte Lane; thence south OCP 00'03" east along said westerly rightW of4way line, 80.00 feet; thence north 89°58`03" west 425.23 feet to the initial point of beginning. This agreement shall be recorded, and is intended to attach to, and shall run with the land. Tn addition, all subsequent purchasers' and developers' heirs, successors and assign shall be bound by this agreement. 2. CONSTRUCTTON. Developer shall construct ar cause to be constructed, at Developer's expense, the improvements described in the tentative plan approval, all construction plans and specifications, terms and conditions contained in the City's Public Works Standards, terms and conditions contained in the construction permit, any applicable provisions of the Central Point Municipal code, and, specifically, the following: 1. Developer shall construct an adequately sized storm drainage system to provide for existing runoff into the property, and include sizing for runoff from each lot, and the private access street. If the storm drain system will discharge to Griffin Creek, then Developer shall obtain alI permits from agencies governing such work, which may include the City, Oregon Department of Environmental Quality, Fish and Wildlife, and Division of Lands. 2. As a part of the construction of the improvements far this tentative plan, Developer's engineer shall provide a complete set of drainage calculations for sizing the storm drainage system far this development. Developer shall cause this information to be submitted to the Public Works Department at the time construction drawings for the subdivision are submitted to the Public Works Department far permits for construction of the storm drainage improvements. 3. Ail roof drains, area drains, and crawl spaces shall have positive drainage away from the structure, and shall be connected to a Curb drain, or an approved storm sewer. Developer shall provide the necessary storm drainage improvements to assure that all streets, lots, and all properties will drain properly as stipulated above. 4. Construction of an 8" waterline and a fire hydrant located approximately 30' south of the southeast property corner of Parcel 2. 2 ~ DEVELOPMENT AGREEMENT {pi1994} 5. Construction of an adequately sized sanitary sewer line to provide service to Parcel 2 and Parcel 3. 6. Construction of an access driveway and driveway approach to serve the garcels in the partition. 7. Construction of a sidewalk along the westerly portion of Parcel 1, adjacent to Snowy Butte Lane. 3. SECURITY FOR PERFORMANCE. In connection with this agreement, Developer shall also submit to City, to assure his or her full and faithful performance of all obligations hereunder, one of the forms of security approved under Central Paint Municipal Code Chapter 16.12.080. Developer has chosen the fallowing: XXX surety band cash deposit letter of credit The sum agreed to secure Developer`s performance hereunder is $32,000, which sum is hereby deemed sufficient to cover the cast of the improvements and repairs, including related engineering and incidental expenses, administrative expenses, inflationary costs, and the cost of city inspections. 4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete each and every obligation contained herein within 180 days from the date of the execution of this agreement. Said period may, in the sole discretion of City be extended, in writing, for a reasonable time thereafter. In the event that City extends the time for completion, the City may also, in its discretion, require an increase in the amount of security for performance of the project, whether it be by surety bond, cash deposit or letter of credit. 5. REMEDIES UPON BREACH. In the event that Developer shall fail, in any way, to perform the obligations required herein, City shall have all remedies available under local, state and federal law, including, but not limited to, completing or causing completion of all obligations hereunder and proceeding against Developer, his letter of credit, his cash deposit ar his band for recovery of the costs of said completion. Such costs shall include all costs and expenses described herein. 6. INSPECTION OF WORK. Developer shall provide access to City to conduct inspections, including, but not limited to, the fallowing: 3 - DEVELOPMENT AGREEMENT (01.1994) a. Inspection and testing of all storm drainage, sanitary sewer pipe, water pipe and fire hydrants; b. T.V, inspection of all sanitary sewer and storm drainage pipes; c. Inspection and testing of trench backfilling for water pipes, storm drains and sanitary sewers; d. Inspection and testing of subgrade prior to placing street rock base; e. Inspection and testing of base rack prior to placing surfacing; f. Inspection and testing of the placement of the surfacing material; g. Inspection and testing prior to placing any concrete; h. Inspection of other construction within public right of way or easement dedicated ar to be dedicated. 7. COSTS OF ADMINISTRATION AND INSPECTION. Developer agrees to pay City for the costs of administration and inspection of the project to the extent that the same are reasonably related to City`s assuring Compliance with the plans and specifications, the Central Point Municipal Code, the within agreement, and all other applicable standards, rules, regulations and laws, which sums shall be due on a monthly basis and shall be paid within i4 days of billing. Failure to pay such sums sha11 be grounds for withholding acceptance of completed work and/or proceeding against Developer's security for performance. Such administration and inspection costs shall include, but not be limited to the following: a. A11 inspections and testing done pursuant to the previous paragraph, entitled "Inspection of Work". b. Meetings with Developer, project engineer or developer to review project, City standards, specifications, ordinances and procedures. c. Providing Developer, Developer's representative or any jurisdictional, governmental, or utility entity with information on existing conditions, facilities, and capital improvements required. 4 - DEVELOPMENT AGREEMENT (O1I994} d. Reviewing all construction drawings, engineering or specifications for the construction of, or modification to the construction of, the improvements. e. Reviewing existing as~built information to assist in determining the location of existing facilities. f. All costs of application review and processing, including, but not limited to, administrative and legal Staff time costs, plan checks, construction inspection and preparation of agreements, to the extent that the same are in excess of the filing fee. 8. ACCEPTANGE OF COMPLETED WORK. Upon completion of the improvements in full compliance with the tentative plan previously approved far the project, all conditions placed on tentative plan approval, all construction plans, construction specifications, terms and conditions contained in the City's Public Works Standards, terms and conditions contained in the construction permit, together with all terms and conditions set forth herein and any applicable provisions of the Central Point Municipal Code, the Public Works Director, or his designee, shall perform an inspection. Tf all work is found to be satisfactory, and all deficiencies, if any, have been cured by Developer, the Public Works Director shall issue a written acceptance of completed work. Upon such acceptance, the City Administrator shall be authorized to release any suzety bond, cash deposit or letter of credit posted by Developer. 9. GUARANTEE OF WORK. Developer guarantees, for a period of two years from acceptance of completed work, that all improvements hereunder shall be free from defects in materials and workmanship. Prior to the expiration of said warranty period, City shall determine if any materials or workmanship deficiencies exist, and at City's request, Developer shall repair or cause the repair of all such deficiencies. In the event there are no deficiencies, or upon approval of any necessary repairs, City shall issue a written document certifying Developer's satisfactory completion of warranty, 10. BUILDING AND OCCUPANCY PERMITS. Upon execution of than agreement and upon satisfaction of the security for performance requirements of Central Point Municipal Cade 16.12.080, City may issue building permits to Developer concurrently with construction work upon the improvements themselves, under the following terms and conditions: 5 - DEVELOPMENT AGREEMENT (011994) a. Developer must, prior to commencing construction under any such building permits, or allowing the commencement of construction thereunder, furnish a survey performed by a registered professional land surveyor meeting the requirements of state law, setting out the property corners far the lot far which the building permit or permits are to be issued, with either iron pins or woad stakes establishing said corners. b. Developer must submit a plan far the protection of streets and improvements satisfactory to City, and shall assume all responsibility for any additional or corrective work that may be necessary to the improvements, as determined by City as a result of the construction performed under the building permits authorized. c. Developer must indemnify and hold the City harmless from any and all liability by reason of the issuance of any such building permits or any injuries or damages incurred by any person by reason of construction under the permits or any claims of any sort arising out of the issuance of the building permit and construction performed thereunder. d. Developer shall not se11 any of said lots or enter into any agreement for the sale of any such lots, unless he has first furnished to the City written proof of the fact that he has advised a purchaser or prospective purchaser that no certificate of occupancy will be issued by City until completion, approval and acceptance of the improvements by the City, in accordance with the entire Development Agreement, and agree to assume full and complete liability and hold City harmless by reason of the refusal by the City to issue any such certificate of occupancy until the provisions of the Development Agreement and Central Paint Municipal Code Chapter I6.36 shall have been met. e. Neither Developer, nor any person on his behalf, shall allow another person to occupy any lot ar improvements thereon until City has issued a certificate of occupancy. ~1. HDLD HARMLESS AND INSURANCE. Developer agrees to hold harmless City and its duly elected and appointed officials, employees, agents and assigns from any and all liability ar responsibility by reason of any omissions, errors, or deletions on the plans and specifications for the improvements or the construction thereof, and shall indemnify the same against any such liability or responsibility. Developer shall obtain and maintain a policy of liability insurance coverage with policy limits in the sum of not less than one million dollars ($1,000,000.00) combined single limit, naming City and its duly elected and appointed officials, employees, agents and assigns, as insured parties therein. b DEVELOPMENT AGREEMENT (011994) 1.2. MISCELLANEOUS PROVISIONS. This agreement contains the entire agreement to which it relates and supersedes any prior written or verbal agreements or representations; this agreement shall be binding upon the parties and their agents, successors and assigns; Developer shall not assign his rights under the terms of this agreement without the express written approval of City. In the event either party institutes legal proceedings for the purpose of enforcing the within agreement or seeking damages for the breach hereof, or to recover the cost of completion of the improvements described herein, including an action against Developer, his band, cash deposit or letter of credit, the prevailing party shall be entitled to recover attorney fees and casts incurred at trial and an appeal in reasonable sums to be determined by the respective courts. 13. GRANTING FINAL PLAT APPROVAL. It is understood by the parties that upon execution of this agreement and related documents, City will issue final plat approval. EXECUTED IN DUPLICATE, each party retaining an original. Developer: / City of Central Paint: I ~ -7 ~ " ~ ~ ~~ ~ 4 ``7 ~o ert Youngs /~` Rog Westensee, Mayor ~.; r~7 ~ Dixie Ypz>;~ ~ ~ _ ht> ~~~~~ ~~ G~ ~ ~ ~""' ~' STATE OF .OREC30N ) ss. County of Jackson ) on the ~.`~ day of ~ , appeared before me the above-named R e~'t acknowledged the signing of the foreg ing to be his voluntary act and deed. C3FFICIAL SEAL ~'~ • : , , ; i I,~, ` . ,:F531Gti NO, A009s""?~ YCGI~MI5510,~;ExPIRESNOV8,1995 ' 1994, personally Youngs, and Development Agreement Notary P i far Oregon My Commi i a Expires : ~,l/- ~ - 9~ 7 - DEVELOPMENT AGREEMENT (011.994) STATE OF OREGON ) } ss. Cau~ity of Jackson ) On the day of 1994, personally appeared before me t nve-named Dixie Youngs, and acknowledged the signing of the foregoing lopment Agreement to be her voluntary act and deed. STATE OF OREGON } ) ss. County of Jackson ) Notary Public for Oregon My Commission Expires; On the ~7 _ day of ~,,~ 1.994, personally appeared before me the above-named ger Westensee, Mayor of the City of Central Paint, and acknowledged the signing of the foregoing Development Agreement to be the voluntary act and deed of the City of Central Point. 8 - DEVEi~OPMENT AGREEMENT {011994) OFFlCIA1 SEAT. NOTARY~PI~ LIC~~ OREGbN COMMISSION[ NO. A009395 MYCOMMISSIONEXPIRESNOV8, f995 Notary P is r Oregon My Commission Expires :.,_,., /l-S-gam ~p.pc~ `34~-~`-j 552 MEMORANDUM OF AGREEMENT Date of Agreement: Febr~c~r.! a5, ~ Q ~~ Property Affected: /~ .'~ ~ Commencing at the southwest corner of Lot "H", Snowy Butte Orchards, in Section 10, Township 37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon, according to the Official Plat thereof, now of record; thence north 00°01'4D" west along the westerly line of said Lat "H", 388.OD feet to the INITIAL POINT OF BEGINNING; thence continue north 00°01'40" west along said westerly line 145.00 feet to the northwest carnet of tract as described in Document Na. 83~- 07655 of the Official Deed Records of said Jackson County; thence south 89°58'03" east along the northerly line of said tract 290.60 feet; thence south 00° 00'03" east 65.00 feet; thence south 89°5$'03" east 134.70 feet to a point on the westerly line of Snowy Butte Lane; thence south 00°00'03" east along said westerly right-of-way line, 8D.D0 feet; thence north 89°58'03" west 425.23 feet to the initial point of beginning. Parties to Agreement: City of Central Point, Oregon, an Oregon municipal corporation, and Robert and Dixie Youngs. Nature of Obligations: This is a "Development Agreement" requiring the owners of the property to make certain improvements an and near the property affected. Improvements are required to be made within 180 days from the date of agreement. Future owners are bound by contract. City of Central Paint May Roger Westensee Rob`ert~ Yaung~~ ~ - ~ i/ / `lr r: -~ STATE OF OREGON ) ' ,~, ,~ ~~~ ,/~!~ ~._-.~` County of Jackson ) On the ~~ day of 1994, personally appeared before me the above-named Roger Westens Mayor of the City of Central Point, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL SEAL SANDY J. LOP,~P,~~L ~ r~€orA~Y Pui}zic -~ c~ECC~I N o t a r Pu i s r O r e on ~~ CG,v5Mi55€ON NO. AC043y5 y g MYCOMMI5510~lEXPIRESNOv$,19y5 My Commission Expires: - S 1 -- MEMORANDUM OF AGREEMENT (011994} 34--0`~55~' STATE OF OREGON } ss. County of Jackson ) On the ~~ day of 1.994, personally appeared before me the above-named Robert Youngs, nd acknowledged the foregoing instrument to be his voluntary ac and deed. STATE OF OREGON } } ss. County of Jackson } Notary Pu is r Or gon _ My Commis on xpires: /l-c~-~~ Ozz the day of 1994, personally appeared before me the above-named Dixie Youngs, and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Camznission Expires: ,~adcson County, Cir'e~cx~ Recorded {~~ZC;AL RAC©Rq~ x~r~~EFN s. a~c~~rz C lZ1C d IZEC ~ ~Y i)s~u~- -.......~..r.~.~~... _ ~.. OfifiICIAt ScAI SA~#t7Y 1 LOMA,1rL z„r N01 ~R ( PU:°''.1C w CREC~U~ ~~'`` LC>,,;;d„S31U=~! VO. A00439~ MYCOhiMI551C),UcXPIRES~tOV B, i> , ., 2 - MEMORANDUM OF AGREEMENT {011994) ~~_ ~ ss E j~ ~y. .. r "~` r.:: "~:. ~ - - [ December 21, 1993 LETTER OF CREDIT NO. L~ g ~ To: The City of Central Point We hereby open our irrevocable Letter of Credit in your favor far the sum or sums not exceeding the total amount of $32,000.00. This Letter of Credit is issued at the request and for the account of our customers, Robert C. Youngs and Dixie D. Youngs. The Letter of Credit is available to you only upon: 1. Your sight draft for any sum not exceeding the face amount of this Letter of Credit. 2. Your statement executed by the City Manager or City Attorney of the City of Central Point, Oregon certifying: The undersigned hereby certifies that Robert C. & Dixie D. Youngs, defaulted under their obligation to construct those improvements described in that certain agreement between Robert C. & Dixie D. Youngs and the City of Central Point, Oregon, dated December 21, 1993 which agreement concerns Robert C. & Dixie D. Youngs. Each draft must bear on its face the clause, "Drawn under Letter of Credit No~C-9~ dated December 21, 1.993, of Bank of Southern Oregon." THIS LETTER OF CREDIT EXPIRES AND TS VOID UNLESS DEMAND IS MADE HEREUNDER ON OR BEFORE December 21, 3.994, AT BANK OF SOUTHERN OREGON, 1455 EAST McANDREP7S ROAD, MEDFORD, OREGON 97504. I455 Est ~1cAndre~vs • A4edford, Oregosl 97504 • (503) 776-74&0 Letter of Credit No .~,~g ~ November 24, 1.993 Page Twa We hereby agree that any draft(s) drawn under and in compliance with this Letter of Credit, and before the expiration date of December 21, 1994, will be duly honored sa long as the amount(s) thereof do not exceed the total credit extended. Very truly yours, ~~~ Charles A. Dodd Vase President CAD:ata