HomeMy WebLinkAboutConsent to Annex - 5273 Table Rock RdCONSENT TO ANNEXATION AGREEMENT
5273 Table Rock Road
This agreement, made and entered into this ~ day of , 2011, by
and between the City of Central Point, Oregon, an Oregon municipal corporation,
hereinafter referred to as "City",Joann S Cernick, hereinafter referred to as "Owner".
Agreement
1. Warranty of Ownership. Owners hereby warrant that they are the
owners in fee of the real property, 5273 Table Rock Road described as follows:
362W36C Tax Lot 803
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:
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. Owners'
cooperation shall include, but not be limited to, testifying and otherwise presenting
evidence in favor of the annexation.
3. Examinations and Inspections. Owners grant to City, and any of its
authorized-representatives, the right to go upon the property at all reasonable times to
make such examinations and inspections as are reasonably necessary in City's opinion
to determine that all terms and conditions hereof, and all City codes and ordinances, are
being fully complied with by owner.
4. 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.
5. 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
CONSENT TO ANNEXATION AGREEMENT 1
recission 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.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point Owner
Mayor Hank Williams Joann S Cernick
City Manager Phil Messina
STATE OF OREGON )
) SS.
County of Jackson )
On this ~_ day of ~~~?~, 2011, personally appeared before me Hank
Williams, known to me to be the Mayor for the City of Central Point, Oregon, and
acknowledged the foregoing Consent to Annexation~reement to be the voluntary act
and deed of City of Central Point. ~
o~ic~AL sE9AL
NO ~ pUEiUC-0REaON
MYOOMMMISEIDN E%PNIES MAY~14~, E~p1Y
"Notary Public for Oregon o
My Commission Expires: ~ l ~~
STATE OF OREGON ) OFFICIAL REAL
) SS. , DEANNA CASEY
COMMISSION INO. 42 820
County of Jackson ) MV COMMISSION EXPIRES MAY 14, 2012
1
On this / ~] day of ~1 y~~ , 2011, personally appeared before me Phil
Messina, known to me to be the City Manager for the City of Central Point, Oregon, and
acknowledged the foregoing Consent to Annexation ~eement to be the voluntary act
and deed of City of Central Point. ~ / /~
Public for Oregon
CONSENT TO ANNEXATION AGREEMENT 2
My Commission Expires: S / oZ
STATE OF OREGON )
ss.
County of Jackson )
On this I1~ day of O c-, 2011, Joann S. Cernick personally appeared
before me and acknowledged the foregoing Consent to Annexation Agreement to be his
voluntary act and deed.
~~~-e~~ ~~~ec-
Notary Public for Oregon
My Commission Expires: ol- I;~a~~'~
CONSENT TO ANNEXATION AGREEMENT 3