HomeMy WebLinkAboutPermit Miscellaneous 1990-5-6
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NOTICE OF AGREEMENT
NOTICE IS GIVEN THAT and
. hereInafter referred to as "Petltloner(s)". and
the City of Springfield, a municipal corporation of the State of Oregon, hereinafter
referred to as "City", on the day of . 19 . entered
into an agreement governing an annexation to the City of real property identified as
Tax Lot - Assessor's Map . a legal description of which
is attached as Exhibit "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.
day
IN WITNESS WHEREOF, the parties hereto have set their hand and seal this
~wn ..J f~' /t'-! ~e-I ~ By:
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By:
By:
STATE OF OREGON )
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County of La.'e )
On this Loih day of ~/"" . 19....1t.. before me, the undersigned.
a, notary publ1C in the said COUhhY an s~ate. p~rsonally appeared the 'within named
~('.l.l1L1:=._ r n?~~_ and !,!a.rp.; 1 il~m5-" known to me to be the the
identical indlvidua]s described herein and whO executed the same freely and
vol unta,ri ly.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, the day and year last
above written.
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PETITION FOR ANNEXATION AND CONSENT
TO ANNEXATION
To: City of Springfield, Lane County, Oregon.
The' Pet it i oner,
petitions, consents, and represents as follows:'
1. Real Propert~: The undersigned Petitioner(s) owns real property located
outs i de the (;1ty 11 m1 ts. but located withi n the adopted Urban Growth 80undary
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 pet1tions 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 proceedin9 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 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)(b) & (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. Bindino 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 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 standards as interpreted by the City.
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5. Cost of Service in the Event Annexation Denied: If an administrative'
agency or court ot competent Jurisdiction oeterm1nes 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 b1no1ng upon' petitioner(s), and may be used
for the purposes for which Petitioner(s) has agreed, nothing herein shall be
const rued as 1 i mit i ng or i nf ri ngi ng upon Pet i t i oner( s)' ri ght to speak out, comment
upon, or present, arguments regarding the advisabi lity 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:
consent1ng landowner
rest of the City.
The City shall not levy assessments, taxes or fees against
not applied to properties of similar character throughout
ACCEPTANCE BY CITY:
day of , 19 .
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DATED this
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.
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