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HomeMy WebLinkAboutConsent to Annex - 233 Wells Road Jackson County Official Records 2017-025496 R Co 07/26/2017 12:64:24 PM After recording return to: stn=o BARROWKL City of Central Point 20.00. 00$15.00$8.00$1 1.00 510.00 $73.00 140 S 3'd Street I,Christine Walker,County Clerk for Jackson County,Oregon,certify Central Point, OR 97502 that the Inctinl uent Identified herein was recorded In the Clark `aro"' Christine Walker.County Clerk CONSENT TO ANNEXATION AGREEMENT 233 Wells Road, Central Point, OR This agreement, made and entered into this ex i Stday of 1L4 t1 , 2017 by and between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Mark Robbins of Robbins Brothers Investors, LLC, hereinafter referred to as"Owner(s)". Agreement 1. Warranty of Ownership. Owners hereby warrant that they are the owners in fee of the real property, 233 Wells Road, described as follows: See attached, Exhibit A 2. Comprehensive Plan Amendment and Annexation. Owners hereby give their continuing written and irrevocable consent to, and request for, the annexation of the property described above to City, and do hereby petition City for such annexation. In connection therewith, Owners certify that there are no electors residing on the subject property; Owners waive ORS 222.173, which limits the duration of the annexation agreement to one year, and agree to sign a separate document, as required by said statute, waiving said time until the property is annexed; and owners, consent and waiver are continuing and binding upon the heirs,successors and assigns of the owners, including, but not limited to, lessors, lessees, renters, and any other occupants of the property. Per the agreement with the City the subject property cannot be force annexed within 15 years of signing of this agreement. Owners agree to pay all costs in connection with the annexation, to be paid to the City upon request, and to participate fully in all City land use procedures necessary or advisable for the annexation, and the establishment of a zone for said property. 3. City Codes and Ordinances. From and after the date of the execution of this agreement, the property described herein and all structures and improvements situated thereon shall be subject to and shall comply with all City codes and ordinances, including, but not limited to,the City building, zoning, development and utility standards and procedures. 4. Attorney Fees. In the event of any suit, action, claim, or other legal proceeding to enforce any of the terms or provisions of this agreement, including rescission or declaratory judgment, the prevailing party in such action shall be entitled to recover its reasonable attorney fees incurred therein, including any appeal, in a sum to be determined by the Court. CONSENT TO ANNEXATION AGREEMENT 1 City of Central PointinQC, Owners y�� _ CAkt) By 7/tem City Manager o By STATE OF OREGON ) • — OFFICIAL SWUM DEAN/4A LEIGH CASEY ) ss. 4 NOTARY PUBLIC-OREGON CountyCOMMISSION NO. 950044 of Jackson ) YY CON ISSION EXPIRES WY*2020 On this « day of �t\��� 2011, personally appeared before me Chris Clayton, known to me to be the CitylAanager for the City of Central Point, Oregon, and acknowledged the foregoing Consent to Annex- '.n Agreement to be the voluntary act and deed of City of Central Point. otary Public for Oregor i My Commission Expires: 5.--10-2.62.4) STATE OF OREGON ) ) ss. County of Jackson ) On this 9161 day of Sul U , 201i, personally appeared before me Robbins Brothers Investors, LLC, and acknowledged the foregoing Consent to Annexation Agreement to be his voluntary act and deed. Ce-fireS A7je o OFFICIAL STAMP Notary Public for Oregon NOTARY WEEKS CN My Commission Expires: 1/(o/%ZIi COMMISSION NO. MY COIM ISSION EXPIRES JWE 04 2020 CONSENT TO ANNEXATION AGREEMENT 2 Commencing at the northeast corner of the Southwest Quarter of the Northwest Quarter of Section 20 in Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon, thence South 89°41'55" West 167.41 feet to a 5/8" iron pin for the true point of beginning; thence South 0°08'10" East 288.68 feet to a found %_" iron pin; thence South 58°56'48"West (Record South 58°56'50" West) 226.75 feet to a 5/8" iron pin; thence along the arc of a curve left with a radius of 190.00 feet and a central angle of 09°13'28" a distance of 30.59 feet to a 5/8" iron pin; thence along the arc of a curve right with a radius of 20.00 feet and a central angle of 37°15'29" a distance of 13.01 feet; thence along the arc of a curve left with a radius of 50.00 feet and a central angle of 69°37'20" a distance of 60.76 feet; thence North 08°41'35" East (Record North 08°41'45" West) a distance of 190.09 feet to a found 1/2" iron pin; thence North 10°53'30" East 193.23 feet (Record North 10°52'50" East 191.18 feet)to a found ''/2' iron pin; thence North 89°41'55" East 272.73 feet to the true point of beginning. Tract B Beginning at the northeast corner of the Southwest Quarter of the Northwest Quarter of Section 20 in Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence South 89°41'55" West 167.41 feet to a 5/8" iron pin; thence South 0°08'10" East 288.68 feet to 81/2" iron pin; thence North 39°11'34" East 263.98 feet to a 5/8" iron pin; thence North 00°04'15" West (Record North 00°06'20"West) 85.11 feet to the point of beginning. Parcel 2: The West half of the following described tract: Commencing at the quarter section corner on the north line of Section 1, Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon, thence South 0°0320" West, along the center line of the Table Rock Market Road, 30.00 feet, thence South 89°49'30" West 30.00 feet to the intersection of the westerly line of said Table Rock Market Road with the southerly line of the Central Point Market Road to a 1-1/4" iron pipe, thence South 0°03'20"West, along the westerly line of said Table Rock Market Road, 149.78 feet to the true point of beginning; thence North 89°45'40" West, parallel with the north line of said Section 1, a distance of 236.00 feet; thence South 0°0320" West, parallel to the west line of said Table Rock Market Road, 112.00 feet; thence East, parallel with the north line of said Section 1, a distance of 236.00 feet, to the west boundary of the Table Rock Market Road; thence North, along the west boundary of said road, 112.00 feet, to the true point of beginning. Bargain and Sale Deed - Page 3 Original document recorded: 2017-025496 7/26/2017 ACKNOWLEDGEMENT OF CONSENT TO ANNEXATION AGREEMENT (233 Wells Road, Central Point, OR) Acknowledgement I, Jon Bowman, as the Owner of 233 Wells Road, Central Point, Oregon, do hereby acknowledge that my predecessor in interest entered into an Annexation Agreement recorded in the Jackson County Official Records as 2017-025496, and which is continuing and binding upon me as the successor purchaser of the real property 233 Wells Road, Central Point, Oregon. Additionally, I hereby acknowledge that the above referenced Annexation Agreement continues in effect until the above referenced property is annexed by the City of Central Point. Owneirs Date af.0/02 1 CONSENT TO ANNEXATION AGREEMENT