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HomeMy WebLinkAboutPermit Miscellaneous 1990-5-1 ~::'I/\I!: Ur- UI<!:ljUN COUNTY OF LANE "~... On thi~1i. day of' <---2f (LA " "00' '" ,t, '~"Q ~. J' '~', LilLo NOTARY' PUBLIC ~ ss. My Commission Expires: 9 -Sr) ~ tJJ #14A . -. -------~- ........ "', , 19 iR..., there personally appeared before l " " l . ~- ..,',--,"!oi ::Z;t!>S' t..?M~D -e . NOTICE OF AGREEMENT NOTICE IS GIVEN .THAT""17Io",.o 5' J c.E c:;'i:Jd..lItJ. and R",;t< /~/ ,.<. ft..4- c:;'1NI l-rJ..i , herelnafter referred to as""'l5etitloner(sT", and the Clty of Sprlngfleld, a munlcipal corporation of the State of Oregon, herelnafter referred to as "Cay", on the I _ day of M4 Y , 19.-fu entered into an agreement governlng an annexatlon to the Clty of real property identified as Tax Lot 04-706 - Assessor's Map L7tJ ~ 2..S"~ a legal description of which is attached as Exhlba "A" and incorporated by reference herein.' " The use and development of the above property is governed by the terms and ronditions of the agreement slgned by the partles. The agreement ls flIed ln the central files of the City, to which reference is hereby made for all matters and things therein contalned. Thls Agreement is binding on the Petltioner(s)' heirs, assi9ns and successors in interest in the property. IN WITNESS WHEREOF, the partles hereto have set thelr hand and seal this day of II\,( J4 V , 19..fu 0) BY:~"'A '~"_ .~~ ~;;/-'1c> By: @ By: ~~ ~ S-:2-7o ~~ Date I Plannlng and Development Di rector Date Q STATE OF OREGON ) ) ss. County of Lane L \ _ ' On thls \~ day of \\'(\ J.... ~< ' 100, before me, the underslgned, .~n,otar pu 11c ~h sald county an<{ tate, personally, appeared the-w~ttii,nl.!'.amed o ~~ ",_wn to me to' ,be ,the the . ~ . ldentlcal lndlvldua s descrlbed hereln and who executed the same;';',Jre-E'c1y., and voluntarily. :.::;;;1.';~,. :~,'" - -~ l. ~.... ~ ..::,!.;..t (,..' ..). day.'ana year .last ~. ~ ~.' '" IN TESTIMONY WHEREOF, I have hereunto set my above wri tten. hand and seal the lu1Ll.~ NOTARY PUBLIC FOR UREGON My Commission Expires: ~ ..' " '\ . /, . '...~ ,,,, . . PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION To: City of Sp ri ngfi e 1 d, Lane County, Oregon. The Petitioner,lJ{o~_~~ ,jP..r. S,.., TrA petitions, consents, and represents as follows: 7Jv 13 / IV .,( E,4 SJu 'W-I 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 petltlons and consents to contlguous 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 proceeding 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 a9rees that this Petition and may be used by the City to meet the requirements of ORS 199.490 (1)(b) & (c) 199.490 (3)(b) & (cl. 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) hei rs and successors in interest in the Property shall be bound by this Petition for Annexation and Consent to Annexation 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 notice has been executed by the Petitioner(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 intensification of use of the Property. The City will grant approval of the use if it is in compliance with the Springfield Development Code and other applicable plans, policies, and ~tandards as interpreted by the City. . J'"#' , . 5. Cost of Service in the Event Annexation Denied: If an administrative agency or court ot competent Jurlsd1ction determines 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 Annexation 1S b1nd1ng 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)' right to speak out, comment upon, or present arguments regarding the advisability of 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 described 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 contingent in its application to any particular annexation request upon the annexing City, within a logical and reasonable time, to provide key urban 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, public 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 agai nst not applied to properties of similar character throughout DATED this / day of MAY , 19 'PO'. ~A 1-.- <:7d~_ pet~~ Petit10ner ' ACCEPTANCE BY CITY: The City of Springfield hereby accepts Petitioner(s) Petition for Annexation and Consent to Annexation and by this acceptance acknowledges this as an Agreement meeting the requirements of Lane County Code 10.183-05 through -55. ~~n~elopment Director