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HomeMy WebLinkAboutPermit Miscellaneous 1988-4-25 ~ -..:;;::-- ,.... :l r . . 4)&JY ~~ ; NOTICE OF AGREEMENT LfIL,,4 ~<i:.?if NOTICE IS GIVEN THAT Hoedads, Inc. and , herelnafter referred to as "Petltloner(s)", and the Clty of Sprlngfield, a municipal corporation of the State of Oregon, herelnafter referred to as "Ci ty", on the day of , 19 ,entered into an agreement governing an annexatlon to the City of real property ldentified as Tax Lot 00100 - Assessor's Map 18-02-05-23 . a legal description of which is attached as Exhlb1t "A" and incorporated by reference herein. The use and development of the above property is governed by the terms and ronditions of the agreement signed by the parties. The agreement is filed in the central files of the City, to which reference is hereby made for all matters and things therein contained. This Agreement is binding on the petitioner(s)' heirs, assigns and successors in interest in the property. . IN day of WITNESS WHEREOF, the parties hereto have set their hand and seal this ?l ,~~" , 19~; 8y: ~~ Uwner '0ru;J).~ ~wner c::J-- 4-21-RR LJate By: 11 'J _ \\. ~.J) lA.lllt; I!J~ P~~nl~ ~h~evelopment ~~~ DllFdor ... By: g-21-RR Date ,.J.~ J'. - J STATE OF OREGON ) ,..... , ....) ss .. ......,.. ' 'J,I . . f,ouzty,,-?~'L:~e :i); -- I' ~ ~ ,/ .......,1. . -, 0" _~.J:~l S 21 day a" ,notary publ!C ln the """: ~t,~': --Br.u"";~ '~,~~o""q"" identical individuals vol untari ly. of _ A1?ril said county and described , 19 88 . before me, the unders i gned, and state, personally appeared the 'within named n~vi~ Mrrln~k" known to me to be the the herein and - who executed the same freely and IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the above written. year 1 ast o ". . . r;, PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION To: City of Springfield, Lane County, Oregon. The Petitioner, Hoedads, Inc. pet i t ions, consents, and represents as to II ows: 1. Real Property: The undersigned petitioner(s) owns real property located outside the City limits, but located within the adopted Urban Growth Boundary depicted in the Eugene-Springfield Metropolitan Area General Plan, herein referred to as the Property and more particularly described in Exhibit "A", attached hereto and made a part hereof. 2. Irrevocable Petition and Consent to Contiguous Annexation: The petitioner(s) hereby irrevocably petitions and consents to contiguous annexation of the Property to the City of Springfield pursuant to ORS 222.170.. Petitioner(s) petitions; consents and agrees that the City Council in its sole discretion, now or at any time hereafter, may adopt a resolution initiating contiguous annexation under ORS 222.170 and ORS 199.490 (2) or any other state statute, a proceeding to annex the Property to the City. The Petitioner(s) consents to includin9 in such proceedin9 any other property the City Council may direct or which the owner(s) have petitioned and consented to the annexation. Consent and ORS Petitioner(s) understands, consents, and agrees that this Petition and may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c) 199.490 (3)(~) & (c). Petitioner(s) also irrevocably authorizes the City to present this Petition and Consent to the Lane County Local Government Boundary Commission to initiate any minor boundary change under ORS 199.490 (1) as an interim measure to provide service to the Property prior to its annexation to the City. In consideration for this Petition and Consent Agreement, the City agrees that the Petitioner(s) Property may receive municipal services from the City and Petitioner(s) may undertake the development of the Property in accordance with the Springfield Development Code and other applicable City plans, policies and standards and with the requirements of,Lane County. 3. Binding on Successors: Petitioner(s) agree that Petitioner(s) and Petitioner(s) heirs and successors in interest in the Property shall be bound by ,this Petition for Annexation and Consent to Annexa~ion which shall run with the Property, and that notice of this document will be recorded by the City in the deeds and records for Lane County. A copy of the not ice' has been executed by the Pet i t i oner (s) and is presented herewith to the City. 4. New Use: Petitioner(s) must obtain City's approval for any new use, change of use, or i ntens ifi cat i on of use of the Property. The City wi 11 grant appro va 1 of the use if it is in compliance with the Springfield Development Code and other applicable plans, policies_,. and standards as interpreted by the City. ~ . ." '.":' ... ; 5. Cost of Service in the Event 'Annexation Denied: If an administrative agency or court ot competent Jurisdict10n determ1nes that the Property or part of it may not be annexed to the City or that the City may provide no service to the Property or the part, the City may retain all consideration theretofore paid to the City for serving the Property and may collect in addition thereto whatever additional considerations are due the City for services the City has provided prior to the determination that the Property may not be annexed to the City or the City may not provide services to it. 6. No Limitation on First' Amendment Rights: Although this petition for Annexation and Consent to Annexat10n 1S olnd1ng upon Petitioner(s), and may be used for the purposes for which Petitioner(s) has agreed, nothing herein shall be construed as limiting or infringing upon Petitioner(s) I right to speak out, comment upon, or present arguments regarding the advisaoilityof proceeding with the annexation proceeding. It is specifically understood by Petitioner(s) that in executing this Agreement, a situation may arise wherein Petitioner(s) may be opposed to the annexation and would have all rights under the First Amendment to articulate that opposition but the Petition and Consent of Petitioner(s) as contained herein will be used for the purposes herein descrioed by City in order to achieve and demonstrate compliance with ORS 199.490. 7. Provision of Services: In executing this Petition and Consent it is specifically understood that any annexation shall be contlngent in its application to any particular annexation request upon the annexing City, within a logical and reasonable time, to provide key uroan facilities and services, including, where applicable, sanitary sewers, solid waste management, water service, fire protection, police protection, parks and recreation programs, electrical service, land use controls, communication facilities, puolic schools on a district-wide basis (in other words, not necessarily within walking distance of all students served), paved streets with adequate provision for storm water run-off and pedestrian travel. the the 8. Application: consenting landowner rest of the City. The City shall not levy assessments, taxes or fees against not applied to properties of similar character throughout DATED this ~ I day of ~A Q , 19 g<6". 'c::3...J /Nf~~ Pet It i orier . ~-~/~~ ~etitioner '. c:J ACCEPTANCE BY CITY: The City of Springfield hereby accepts Petitioner(s) Petition for Annexation and Consent to Annexation and oy this acceptance acknowledges this as an Agreement meeting the requi rements of Lane counq:o:e ~00U9h_-55. , P ffnr"" and Oeve lopment Oi rector .. IN WITNE~S WHEREOF~e grantors above named have hereunto set their hands and . seals thu 01 .d.f '::_<"<' ./ . 19~~ . . .(SEAL)':.- (SEAL) ,..:..... -~.' .: ~ '{SEAL):-' (SEAL) .;.;., - "' .:.z"" ,}: ~. - , .. < ,)ss. '- '1- STATE OF OREGON ~ " .. . .. County of Lane before me appeared On this. 21 day of Aoril , 19..ll.ll..., and who being ';,ui" Mrr1 Miry both to me personally known, duly sworn, did say that he, the said A .r-..M_'i II\^CL.-e..d~o r is the _President, and he, the said .n..., :.r~ 1M, c..(n~ lL., , , is the {' _<*> 'f' Secretarv of. T"\,,, j-Ipe_rlJ^, Ao<..J T.......c... , the within named Corporation, and that the seal affixed to said instrument is the Corporate seal of said Corporation, and that the said instrument was ' signed and sealed in behalf of said Corporation by authOrity of its Board of Oi rectors, and. I),,", c.... W\-,4 A.. e.u and f)....~ ~ V\II r r ('"'" iI.", __ acknowledge said instrument to be the free act and deed of sajij Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officiarnsea e y and year 1 .. above written. . ~-tI d ' -' , / fAiotar Publ ic my commission expires 4-1R-q? Bruce Haedeypr .