HomeMy WebLinkAboutAnnexation Agreement APPLICANT 12/11/2008
CONSENT TO ANNEXATION
FOR UF-10 URBAN FRINGE OVERLAY DISTRICT PROPERTIES
To: The City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as
City.
This is a Consent to Annexation by :::i2L}{).~ p., ~\P.~ o.......c\ jS>U.Sp..'I\ F.\. 'C..v.\c..I^-1<;
. h~relnafter referred to as OwneY.
RECITALS: The Owner represents the following:
1. The Owner possesses real property, hereinafter referred to as Property, more particularly
described in Exhibit "A: attached hereto and made a part hereof, located outside the City
limits, but within the adopted Urban Growth Boundary depicted in the Eugene-Springfield
Metropolitan Area General Plan.
2. The UF-10 Urban Fringe Overlay District described in Section 3.3-800 of the Springfield
Development Code, hereinafter referred to as the SDC, has been applied to the Property.
3. By the terms of the SDC, the Consent to Annexation, hereinafter referred to as this
Document, is required as a precondition to allow for the land use activity or development
desired by the Owner.
AGREEMENT: The Owner consents as follows:
1. The Owner irrevocably consents to annexation of the Property to the City in consideration
for the allowance by the City of land use activity or development.
2. The Owner consents that the City Council, in its sole discretion, now or at any time
hereinafter, may use this Document for initiating annexation consistent with SDC Section
5.7-125 and Oregon Revised Statute (ORS) Chapter 222, including but not limited to ORS
222.170 or any other applicable law or statute. The Owner consents to including in such
proceeding any other land the City Council may direct or which the Owner had petitioned
and consented to the annexation.
3. The Owner understands and consents that this Document may be used by the City to meet
the requirements of SDC Section 5.7-125.
4. The Owner also irrevocably authorizes the City to use this Document as an interim
measure to provide service to the Property prior to annexation to the City.
5. The Owner consents, pursuant to ORS 222.115 and 222.170, that the Owner and any and
all heirs, assigns and successors with an interest in the Property shall be bound by this
Document, which shall run with the Property.
6. The Owner shall obtain the City's approval for any new land use activity or development,
change of land use activity or development, or intensification of land use activity or
development of the Property. The City will grant approval of the land use activity or
development if it is in compliance with applicable plans, policies and standards as
interpreted by the City.
CONSENT TO ANNEXATION 3
7. In consideration of this Document, the City agrees that the Property may receive certain
municipal services from the City and the Owner may undertake the development of the
Property in accordance with City plans, policies and standards and with the applicable
requirements of Lane County.
8. As used herein, the singular shall include the plural and the plural shall include the singular.
9. This Consent to Annexation is binding upon the Owner and the Owners heirs, assigns and
successors in interest to the property possessed by the Owner, which is more particularly
described and set forth in Exhibit A.
Contemporaneously with the execution of this Consent to Annexation, the Owner is executing a
separate Waiver of Time Limitform, pursuant to SDC Section 5.7-125 and ORS 222.173, attached
. hereto and made part of, as a condition of signing this Document.
In WITNESS WHEREOF, the Owner has set their hand and seal this I '3 day of
/?,hnvr ,20~; and with the above signature, I am verifying that I have the authority to
consent to th bove on my own b:1or on behalf of my firm, agency or trust.
By: 7~! By: k..~d4-?~
{5" Owner V -
"{J.rrn ('Xl"AQn ~.Q... I ";7""; ""'} 0 \1\
Address
fifC:O ('?If)..4OY\ I\..JlL, <::, \^-:"'S~ pIA
Address
STATE OF OREGON, County of Lane} ss.
Personally appeared before me this I ~ day of c9 ~'oc:x ,20 0 ~ ,the
acknowledged the foregoing instrument to be their voluntary act and deed.
< . .'- ~;FTcIALSEiC=-~ ~7 /7~n ~
(I) GAIL A WAISANEN I ('...I. /V"-
\.... ) NOTARY PUBLIC. OREGON i 0 ary Public of regon
.... COMMISSION NO. 419581 I
M C S I EXPIRES JULY 28, 2011 I J \ '7 ..
.C.-,-, -. - - - - - - My Commission Expires: u.lv. c...o, 'lP1J
In WITNESS WHEREOF, The Director or Designee has set their hand and seal this / / f ~ day of
Vtc<:.""ber ,20 08 .
'.~$~
ervlces Director
STATE OF OREGON, County of Lane} ss. '>--- .
Personally appeared before me this I/-I-J~ day of LXr-u~ ,20 Df ,the
acknowledged the foregoing instrument to be their voluntary act and deed.
Not~~i
a
.
OFFICIAL SEAL
DEYETTE KELLY
NOTARY PUBUC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15. 2011
My Commission Expires: '3/10// 1
4
,
EXHIBIT 'A'
LEGAL DESCRIPTION
SITUATED IN THE CITY OF SPRINGFIELD, LANE COUNTY, STATE OF OREGON IN
THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 18 SOUTH, RANGE 2 WEST OF THE
WILLAMETIE MERIDIAN AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF BLOCK 3 OF THE THIRD
ADDITION TO MEADOW GREEN ESTATES AS PLA TIED AND RECORDED IN THE
LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE SOUTHERN
BOUNDARIES OF SAID THIRD ADDITION AND THE FOURTH ADDITION TO
MEADOW GREEN ESTATES AS PLA TIED AND RECORDED IN THE LANE COUNTY
OREGON PLAT RECORDS SOUTH 79032'26" EAST, 427.04 FEET TO A POINT ON THE
WEST RIGHT-OF- WAY MARGIN OF LAUREL A VENUE AS DEDICATED BY THAT
BARGAIN AND SALE DEED RECORDED ON JANUARY 20, 1966 ON REEL 280D AS
INSTRUMENT 33771, LANE COUNTY OREGON OFFICIAL RECORDS; THENCE
ALONG SAID WEST RIGHT-OF-WAY MARGIN SOUTH 00005'06" EAST, 112.17 FEET
TO A POINT ON THE NORTH MARGIN OF GARDEN A VENUE AS DEDICATED BY
SAID BARGAIN AND SALE DEED; THENCE ALONG SAID NORTH MARGIN NORTH
80022'00" WEST, 147.64 FEET TO THE WEST MARGIN OF GARDEN A VENUE AS
ESTABLISHED BY SAID BARGAIN AND SALE DEED; THENCE ALONG LAST SAID
WEST MARGIN SOUTH 00005'06" EAST, 30.44 FEET TO A POINT ON THE
CENTERLINE OF THE GARDEN AVENUE RIGHT-OF-WAY THAT WAS VACATED BY
THAT ORDER OF VACATION THAT WAS RECORDED SEPTEMBER 27,1919 IN BOOK
120 ON PAGES 164-166, LANE COUNTY OREGON DEED RECORDS SAID POINT
BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 20 OF DOUGLAS GARDENS AS
PLA TIED AND RECORDED IN THE LANE COUNTY OREGON PLAT RECORDS;
THENCE ALONG SAID V ACA TED CENTERLINE NORTH 80022'00" WEST, 279.14 FEET
TO A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2;
THENCE ALONG SAID EXTENSION NORTH 00013'57" EAST, 148.71 FEET, RETURNING
TO THE POINT OF BEGINNING.