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HomeMy WebLinkAboutConsent to Annex - 15 W. Vilas Road Jackson County Official Records 2017-025495 R-00 WKL 07126/201712:64:24 PM After recording return to: stn=o 6ARR 20M0 City of Central Point s1 O$4.00$20.00$8.00$10.00$20.00 $78.00 140 $ 3rd Street I,Christine Waits,County clerk ler Jackson County,Oregon,certify Central Point, OR 97502 that the Instrument identified herein was recorded In the Clerk reCo,t. Christine Walker.County Clerk CONSENT TO ANNEXATION AGREEMENT 15 W Vilas Road, Central Point,OR This agreement, made and entered into this :9 IS day of 2t-4L/ , 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, 15 W Vilas 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 Point Owners By /� � � y!G/ _ City Manager By STATE OF OREGON OFFICIAL STAMP ss. ;''; DEANNA LEIGH CASEY ty ) \ 9,1, NOTARY PUBLIC-OREGON COMMISSION NO. 950044 Coun of Jackson wv COIYSSION SPIRES YAY Ns SON On this qs-w- day of Jv\N..n , 20Ck, personally appeared before me Chris Clayton, known to me to be the CKKManager for the City of Central Point, Oregon, and acknowledged the foregoing Consent to Annex nAgreement to be the voluntary act and deed of City of Central Point. Notary Public for Oregcj My Commission Expires: S-!v21-) ..o STATE OF OREGON ss. County of Jackson On this 07i6i day of ST1/l y , 20/7 , personally appeared before me Robbins Brothers Investors, LLC, and acknowledged the foregoing Consent to Annexation Agreement to be his voluntary act and deed. AA OFFICIAL STAMP Notary ablic�regon �S ..�. _ _ ho CYNTHIA A WEEKS My •Commission Expires. .00 �:. N"ACOMMISSION NCO E960992 W COMMISSION EMS JIVE N.GE CONSENT TO ANNEXATION AGREEMENT 2 MCP At Cementing at the quarter section corner on the north mini Section 1 in Township 37 South, Range 2 pest of the Willamette Meridian in Jackson County, Oregon, thence South 0.03'28- West, along the center line of the Table Rock Market Goad, 30.00 feet, thence South 89.49'30" West 30.00 feet to-the intersection Of the westerly line of said 'able look Market road with the southerly line of the Central point market Road, to a 1-1/4" iron pips far the true line ofisaid Tabbeginnings eRockMarketRoadL4970 thence South . ,feetWest, thence North e9•45' 40" West, parallel with the north line of said Section 1, a distance of 100.00 feet; thence Rurth 0.03'20" last 149.76 feet, to the south- erly-line outh-erlyline of the Central point Market woad/ thence North 89"49.30" last, along the southerly like of said road, a distance of 100.00 • feet to the point of beginning. (Code 6-20, Account 41-19486-0, Map 137201B, Tax Lot 1100) • TRACT 81 . Coneencing at the quarter section corner on the north line of Section 1 in Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon, thence South 0.03'20" Wast, along the center line of the Table Rock Market Head, 30.00 feet, thence South $9.49'30' West 30.00 feet to the intersection of the westerly line of said Table Rock Market woad with the southerly line of the central Point Market Road to a i-l/4' pipe, thence South 0"03'20" Nest, along the westerly lib of Table Rock Market Road, 149.76 feet, thence North 89'45'406 West, parallel with the north line of said Section 1, a distance of 100.00 feet to the true point of be/boning) ' thence continue North 89.49.40" West. parallel With the said north line, a distance Of 100.00 feet; thence worth 0'03120' last 141:78 feet to the southerly line of the Central Point Market woad; thence North 89.99'30' Must, along the southerly line of the said Central Point Market Road, a di.ntance of 100.00 feet; thence South 4443'20' • West 149.78 feet to the true point of beginning. (Code 6-21, Account 41-19487-8, Map 13/2W10, Tax lot 4200) TRACT C: Coneencing at one quarter section cornet on the Porth line et Section I in Township 37 South, Range 2 hest of the Willamette ' Meridian in Jackson County,, Oregon. thence South 0.03'241" West, slang the center tine of the Table Reek Market Sued 30.08 feet. tlehcc South ssaid9T ble leek3tmN•rkett�Seed wt to ith the southerly ilea of,thee inter:motion of the Centine ral. Point of Point Market Road, bo a 1-1/4" pipe, thine Teeth 0.03'20" West, along the westerly line of said Table Rack Market some, 149.78 feet, thence North 19.45'40" West. parallel with the north line of said Section 1, a distance of 200.00 feet to the true point of beginning; thence (Continued) • Bargain and Sale Deed - Page 4 onetime Korth 89.45'40. Nest, parallel with said north line, a distance of 75.00 foot; thence North 0.03'20• Bast 149.78 East to-the southerly line of the Central Point oMMarket rket road, thence fKorKorth fhaeoe' soutt• 0 , along Mostthe southerly U9,78 feet (Code 6-29; Account 11-19488.8, Nap 13721112, Tax Lot 1300) TRACT 0: Coarrecia9 at the quarter section dormt ( on tne he e northorline o ctioa 1 in Township 37 South, thence South f th'20' West'Meridian in Jackson County.' '2.00 est'. along the coater line of the Table Bock Market Road. thence South 99.49.30• wast 30.06 feet to the intersection of the a westerly line of said Table Rock Market.Road.with the �therlly liliuth off the Central Point Market Road.. to a 1-1/4 iron p pe.. 0+03'20• Hest, slang the westerly line of said Table SundtMarket 149.78 feet, tOnaa North 89'45'40' West, parallel with the 'earth tine of said Section 1, a distance or 275.00 feat for the point of _M�a_efila : thence oontlete North 89045'40' last 119.64 feet: thence Rout? 0 01420e Oast 58.00 feet: mance North, Bg i160r �u4 of tint t 202.20 feet to thes'eathe st' line of tract describedi0 Volume 0.8 120• fat. aloa9 said tine. of J03.13 ret La. eegee: thrum Nannie 203.13 feet to the southerly 1304 of the Central Point Market Roads theses North sSet9'30• Beat, aloes the southerly line of said road, a ponofq! 371.66 feet ctoe Soutthnt 03'20`OWant2149•772 ffrom es to the true pointrue of beginning: thenen point of beginning. (fie 6-x8. Account /1-19489-4, Map 137210$, Tax Lot 84003 • • 21C2Prf2G fan the above tracts that potties conveyed to Jackson County, orleRging deed recorded pedr o*ry 9, 1991, Le Volume 346 pegs 264 of the 'Deed Records of Jackson comity. OOagos. meCEPTled frau the above tracts that portion ndnVnYed to Jackson Count!. a political subdlrifien of the State of pregon by dead accorded as So: ss-sett0 of the cranial mecords of iadkne e.COonbl. 170,40e, . ilte r 8i TSB 1Sass' ea-LY or TOM P07WW1IWG Awseriboe tract: 1, ncingp at lila quarte section caner on the earth 11ae a S!C county, 37 south. Range 2 Meat of.nth` W(S.11netto *ratan ta_ tineJactikspoR tastable otegos. thence Scuth verge 20 set, along West to tReck 10 SOteterreee Road, 30.20 fief, thence 1inne .said 4T9abiSInc Mtlke0t feet d with the southerly line of the Control sachet Market Road tO 114/4' . iron pilo! thence South 0607.20' west, Meng the lasted? line Of said gable Book Market Road, 149.72 feet to the true point of beginning: thence Worth 89+45'40' Saar, potshot with theme*uth 0'ti of section 1s a diets:ag of 232.00 feat: thence sorbet Roa41. ]12.00 tuft paratlei to the west line of said Table 1a 0 feet: thanes fast, parallel with the north line of said Soatige 1, of 276.00 feet, to Sr want bouadarY of the''Ads - bly Rock Market Roa thence mottle, along the west boundary of said road, 112.00 feats to the true point of beginning. . (Code 2-2e. Account /1-19491-5, Nap 81721112, Tax Lot /5011 Bargain and Sale Deed - Page 5 Original document recorded: 2017-025495 7/26/2017 ACKNOWLEDGEMENT OF CONSENT TO ANNEXATION AGREEMENT (15 W Vilas Road, Central Point, OR) Acknowledgement I, Jon Bowman, as the Owner of 15 W. Vilas 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 2017-025495, and which is continuing and binding upon me as the successor purchaser of the real property 15 W. Vilas 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. Owner Date By / 6//0