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HomeMy WebLinkAboutBuilding Miscellaneous 1987-10-13 ..--'-'> ' - -, - " . ,1~51) 1)'anlOllcl S. CITY OF SPRINGFIELD OCT 1 3 1987, . ","'lIlIIG . OlVUlIPlAlllT DEPMTIAEIIT ,....;...; "1 . ~~, :h~ '~.~. PETITION FOR ANNEXATION AND CONSENT TO ANNEXATION \ .,'. To: City of Springfield, Lane County, Oregon. . " .., ,'"l., , The Petitioner, Dennis Reid and Kathy G. Reid :pet~ti9~S, consents, ano represents as tOI lOWS: " 1. Real Property: The undersigned Petiti'oner(s) owns real property located , ',outside the C1ty limlts, but locateo 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 , maoe a part hereof. . . ~.....~ , " ~ . "., 2. Irrevocable Petition and Consent to Contiguous Annexation: The ,Petitioner(s) hereby irrevocably petltions ana consents to contlguous annexation of .,the ,Property to the Ci ty of Spri ngfi e I d pursuant to ORS 222.170. Pet it i oner( s) '~'pet1t;ons, - consents and agrees that the City Counci I 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 incluoing in such proceeding any {,other property the City Council may direct or which the owner(s) have petitioneo and , ,;.consenteo "to the annexation.' ' " . ';.1.:;:. '." "" Petitioner(s) understanos, consents, ano agrees that this Petition and "Consent may be usee by the City to meet the requirements of ORS 199.490 (1)(b) & (c) ',' and,ORS 199.490 (3)(b) & (c). ~';r .:\l 1'- . ,'" Petitioner,(S) also irrevocably authorizes the City to present this Pet1tion ,:' 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 provioe service ,to the Property pr,i or to its annexat i on to the Ci ty. ,"'." ~.l.I.:, ._ , Inconsideration for this Petition and Consent Agreement, the City agrees that the Petitioner(s) Property may,receive munic1pal services from the City and Petitioner(s) may undertake, the development of the Property in accoroance with the ~. Spri ngfi e ld Deve I opment Code and other app I i cab I e City plans, po 1 i ci es and standards " ,Clnd with the requi rements of Lane County. 3. Binding on' Successors:, Petiti.oner(s) agree that Petitioner(s) and Petitioner(s) helrs ano successors in interest 1n 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 recoroed by the City in the deeos and recoros for Lane County. A copy of the notice has been executed by the petitioner(s) ana is presented herewith to the City. ...' .) '. ',J: ,4. ,New Use: Pet i t i oner( S r must obtai n Ci ty' 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 interpreteo by the City. ." , ,,-: ,.....,... . '. , '" '., . '~' ," ~ 5.', Cost of' Service in the Event Annexation Denied: IJ an administrative agency or court at competent JuriSdIction 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 1n addition thereto whatever additional considerations are due the City for services the City has provided prior to the determination that ';he Property may not be annexed to, the City or the City may not . provi de servi ces to it. . ", ~l.:j J IJ~I ..,f \r 41 ',' ,.: ..' .' ,.': 6. ,0 No' Limitation on First Amendment Rights: Although this Petition for '.:Annexation and (;onsent to AnnexatIon IS bInding 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 advisabi lity ,of proceeding with the c,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 . wi.ll be used for the pu rposes herei n descri bed by Ci ty in order to achi eve and ~demonstrate compliance with ORS 199.490. , ' .1 ~ .Po' t.~; . r .. ~:... ' U..: ,',7. 'j, Provision of Services:, In executing, this PetHion and Consent it is ' specifically understOOQ 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 ,app,licable, 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. ..1 It ., . 'j' 8. Application: the consenting landowner . the rest of the Ci ty. ~~,~ ~"DATE~,th1S a day t,) 11'"'4" .. ' The City shall not levy assessments, taxes or fees against not applied to properties of similar character throughout , ,of, l) ckO~';b , 19 g-Z "~ ~Jli,' _ _ - _ ' . LI et It,1 on~r . (\ d< ' G,t?vAJ pjtJ~ ," . " . ~ i.. . . :" ~ '.... " .,-." , . i; t r;~~ .....~ . ,- ~:. (' " ~ '( a",' . . "::n~ 4: . '!i": ,,0 ,\.,:,\ 'ACCEPTANCE, BY CITY: The City of Springfield hereby accepts Petitioner(s) Petition for 'Consent to Annexation and by this acceptance acknowledges this ' ~:;:~, j '.' th~ """' "~,,, " C." C'""y Coo, 10. lS:r~:::g -55. ~"r ,," ,pm,", 0'""" Annexation and as an Agreement IO(f>J~ir ' . /' ......i' ,~.' -' . . .~ CITY OF SPRINGFIELD OCT 1 3 1987 r.....h;,\~ . ".~.UIPIIEIlT DEPARTIIEllT NOTICE OF AGREEMENT NOTICE IS GIVEN THAT Dennis Reid and Kathy Reid , herelnafter referred to as "Petltloner(s)", and the City of Sprlngfield, a municipal corporation of the State of Oregon, hereinafter referred to as "City", on the 13th day of October , 1987 , entered into an agreement governing an annexation to the City of real property identified as Tax Lot 17-03-33-14 - Assessor's Map 00902 , a legal description of which is attached as Exhi bi t "A" and incorporated by reference herei n. 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 8th OrtnhcV' , 19-EL-. By: ~10,~dJ Uwner ~~~(n,~ -~'\ (O'f 1.- ~ /0'" IS"" ~ By: if 3 \.\ l i' (J IDIt)J~r P n~n~,ah~nt ~ D edor By: STA TE OF -DRE-GOO- }Ii sconson ) ss. County of.Lana- ) On thi s 8th day of October , 19 87 , before me, the unders i gned, a notary publlC In the said county and state, personally appeared the 'within named --Dc~n;c ~__OP;rl and Kathv G. Reid' known to me'to be the the identical indjviduals described herein and 'WilD executed the same freely and vOluntarily. ". IN TESTIMONY WHEREOF, I have hereunto 'set my above written. day and last FOR snU8N f.c:>;t5'C. Expi res: MY ~SION EXPIRES FEB. 14, 19Ba "