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HomeMy WebLinkAboutConsent to Annex - 3254 Hanley Rd~~ CONSENT TO ANNEXATION AGREEMENT 3254 Hanley Road (372W 10C TL 2902) This agreement, made and entered into this ~Q~`day of , 2012, by and between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Juanita June Dodd, hereinafter referred to as "Owner". Agreement 1. Warranty of Ownership. Owner hereby warrant that they are the owner in fee of the real property, 3254 Hanley Road described as follows: See attached Exhibit A. 2. Comprehensive Plan Amendment and Annexation. Owner 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, Owner certify that there are no electors residing on the subject property; Owner 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 Owner, consent and waiver are continuing and binding upon the heirs, successors and assigns of the owner, including, but not limited to, lessors, lessees, renters, and any other occupants of the property. Owner 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. Owner' cooperation shall include, but not be limited to, testifying and otherwise presenting evidence in favor of the annexation. 3. Examinations and Inspections. Owner 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. 1 CONSENT TO ANNEXATION AGREEMENT - 3254 Hanley Road (031512) 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 recession 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 ~~~ Mayor Hank Williams City Manager Phil Messina 3- ~~- an/ z STATE OF OREGON ) ) SS. County of Jackson ) Owner !1 Juanita June Do OFFICIAL SEAL DEANNA CA5EY N07ARY PUBLIC•OREGON COMMISSION NO. 428820 N1Y COMMISSION EXPIRES MAY 14, 2012 On this ~ ~~ day of C~, 2012, personally appeared before me Hank Williams and Phil Messina, known to me to be the Mayor and the City Administrator for the City of Central Point, Oregon, and acknowledged the foregoing Consent to Annexation Agreement to be the voluntary act and deed of City of Central Point. II Notary Public for Oregon My Commission Expires: S-f `ltlZ CONSENT TO ANNEXATION AGREEMENT - 3254 Hanley Road (031512) 2 a STATE OF OREGON ) ss. County of Jackson ) On this i, ~r day of \`~ch, 2012, personally appeared before me the above-named Juanita June Dodd, acknowledged the foregoing Consent to Annexation Agreement to be his voluntary act and deed. OFFICIAL SEAL KAREN N ROEBER j NOTARY PUBIJC-OREQON~ COMMISSION N0.446692 MY COMMISSION EXPIRESJANOAHY 13, 2014 CONSENT TO ANNEXATION AGREEMENT - 3254 Hanley Road (031512) K~~, n ~~ Notary Public for Oregon My Commission Expires:ol-I -1 3 3