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Home My WebLink AboutConsent to Annex - Erickson Air-Crane 98 36617 ( (; ~- ~ l s. 00 CONSENT TO ANNEXATION AGREEMENT This agreement, made and entered into this ~ day of Qu .~~~ , 1998, by and between the City of Central Poin Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Erickson Air-Crane Co., L.L,C., hereinafter referred to as "Owners". Agreement 1. Warranty of Ownership. owners hereby warrant that they are the owners in fee of the real property described as follows: Cc.mmeneing at a braes capped monuc~ent marking eha 8outhxaet cornar o! 3ectlon 10, Sownehip 36 3ou[h, Ranga 1 Ncet of tho Niilamette Meridian, Jackson County, Oregon] thence North 89.55'46" Hoot (record Haat), along the South line o! said Section, 1891,41 !sett thenca North 0°Oa'la" Neat (record North, 10.00 feet to a 5/8 inch '_zon pin on the North right o! way line o! Hillox springs Aoad and the $aeterly right o! xay o! Central Oregon pae!!ic Railroad (formerly Southern Pacific Railroad)t thenca North 35°07'56" Neet (record North 35°03'38" Neat), 10.16 fneC to a point which bears North 89.52'00^ Neat, 0,15 feet o! a cyclone fence corner and line dencribed in Instrument No. 94-35218 of the Official Ancorda of Jackson County, Oregon and the point oC beginning; thence South 89°52'00" Ea9[, along acid line being the t7orth right o! way line o! said road, 0.15 feat to said lance corner; thence continuing South 09°52'00" Haat, along said line, 481.36 feet; thence L7o rth 89.23'47^ Eaat, along said line, 05.83 feet; Chence Sou tli 88°49'15" East, alony anid Tina end its extension, 36.20 leer to a point on Cha Haat lino o! the parcel doacrib~d in instrument No. 93-00709 of said Records, paid point bears North 0°13'12" Beet (record North 0°09'04" Wnst), 6,60 feet of a tack and brass washer net on top oC an 0 inch bye inch wood fence post) thenca North 0°13'11^ bleat (record North 0°09'04" bleat), along anid fiast line of said parcel, 417.45 feet to a point xhich bears South 16°10'38" Heat (record North 16.01'05" Has t), 0.26 feet o! the center of~e 11 inch diameter broken off utility pole; thence north 81°23'36" bleat (record North 81°19'18" Nnet), along Che tTorth line o! said parcel, 1013.05 lent to a 5/8 inch iron pin on said Easterly right of way of the Central Oregon Pecillc Railroad, being 100.00 leer Easterly, measured at right angles, of the center line o! tha maic lira tract; thanes South 35°07'56^ East {race rd South 35°03'38^ Haat), along anid Easterly right o! xay parallel with said center line also being tho Neaterly line o! said parcel, 694.63 fee[ to the point of beginning. 2. Consent and Petition for Annexation. Owners hereby give their continuing written and irrevocable consent to annex the property described above to City, at the sole discretion of City, at such time as the property is included within City's Urban Growth Boundary. In connection therewith, Owners certify that there are no electors residing on the subject property; Owners 1 - CONSENT TO ANNEXATION AGREEMENT (062998) 98 36617 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 fees, if any, which are required as part of the application to annex, 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. 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 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. of Central Point Mayor usty McGrath ATTEST: ..2ti Des• nated City officer STATE OF OREGOtd ) ) SS County of Jackson ) Erickson Air-Cr Brian F. Haig President & C00 By Co., ~,.L.C. 1 ,rJ MY COMMISSION E%PIRES MAY 13, 2000 (`, l~`~..= ~~"~.-'~-~c~-~ ~~~ti-cam - ~ ~; On this ~ day of I(ayquS~ , 1998, personally appeared before me Rusty McGrath and Jo~e~ {3rnna~4'! , known to me to be the Mayor and the Designated City Officer for the City of Central Point, Oregon, and acknowledged the foregoing Consent to Annexation Agreement be the vo ntary act and deed of City of Central Point. Notary Public f r egon My Commission Expires: S•(3.OD OFFICIAL SEAL ~ DEANNA GREGORY NOTARY PUBLIC-OREGON (. ~~ COMMISSION NO. OSd00d (j. 2 - CONSENT TO ANNEXATION AGREEMENT (062998) 98 36617 STATE OF OREGON ) ss. County of Jackson ) On this ,,~y day of ,~c~ 1998, personally appeared before me !,Jr~~ey ~ ~~yy and acknowledged the foregoing Consent to Annexation Agreement to be his/her voluntary act and deed. OFFICIAL SEAL MARTHA D. ERIKSON ~ /n ``~ NOTARY PUBLIC-0REGON ~~~/~G~~`GL- X/ - ~/jL~~/ ~~` COMMISSION NO. 300858 Notary Public for Oregon MVCOMMISSION EXPIRES MAY 04, 2001 - ,! '1~ / My Commission Expires: /~Ji4~/ N" ~= STATE OF OREGON ) SS. County of Jackson ) On this day of 1998, personally appeared before me and acknowledged the foregoing Consent to Annexation Agreement to be his/her voluntary act and deed. Notary Public for Oregon My Commission Expires: 3:~ckson County, Oregon Recorded C9FFICIA! RECORDS AUG 10 1998 ~T~CLERK 3 - CONSENT TO ANNEXATION AGREEMENT (062998) _ ;: ^,. ~, . WAIVER OF ONE-YEAR TIME LIMIT ON CONSENT TO ANNEXATION r ~` uS~ , 1998, in This agreement made this S day of `~q~ connection with, but separate from, the parties' "Consent to Annexation Agreement". ORS 222.173 provides that only statements of consent to annexation filed within any one-year period shall be effective, unless a separate written agreement waiving the one-year period has been entered into between an owner of land and the City. This agreement is intended to accomplish a waiver of the one-year period as set forth in ORS 222.173. It is, therefore, agreed as follows: 1. Erickson Air-Crane Co., L.L.C., hereby waives the one-year limitation oa its consent to amTexation into the City of Central Point, and agrees that such consent to annexation shall be effective indefinitely; 2. The parties agree that its "Consent to Annexation Agreement" shall be in effect until the property is officially annexed into the City of Central Point; and 3. The foregoing consent and waiver of Erickson Air-Crane Co., L.L.C., is continuing and is binding on heirs, executors, administrators, personal representatives, successors and assigns; including, but not l.imiT_ed to, lessors, lessees, renters and any other occupants of the property. CI PI'-6F' CENTRAL POINT By 1 Mayor Rusty McGrath ty 0 ERICKSON IR-CRA 0.~, L.L.C. By GG ,~~1-~ rian F. Haig President & C00 SY. STATE OF OREGON ) ss. County of Jackson ) On the S~ day of ~_ ~- , 1998, personally appeared before me the above-named Rust McGrath and \ z` C~rnt`e , known to me to be the Mayor and the Designated City Officer for the City of Central Point, Oregon, and acknowledged the foregoing instrument to be the voluntary act and deed o City of Central Point. V` OFFICIAL SEAL ( ~, DEANNA GREGORY Notary Public f O egon `\~ NOTARY PUBLIC-OREGON ) My Commission EXp1reS: 5-(~J-a~ r y~i~~ COMMISSION NO. 05400d MY COMMISSION EXPIRES MAY 13, 2000 1 - `~`FA~~`R`~~ ON CONSENT TO ANNEXATION (060998) STATE OF OREGON ) ss. County of Jackson ) On this yip day of Tc-~-l y' 1998, personally appeared before me ~j~-;u q ~ ~,~ and acknowledged the foregoing instrument to be his/her oluntary act and deed. _ OFFICIALSEAL ,/1~~~ ~ / `~ MARTHA D. ERIKSON ! ~'"`"'~~ ~ ~'~~~ `_.- NornavPUSUC-0IiECON Notary Public for Oregon COMMISSION NO. 30Gd58 My Commission Expires: /j1Au H 2~~ h1Y COMMISSION EXPIRES M1fAY O4, 2007 i STATE OF OREGON ) ss. County of Jac;aon ) On this 5~ day of ~ ~g~. 1998, personally appeared before me (~~ ~~ and acknowledged the foregoing instrument to e his/her Voluntary act and deed. OFFICIAL SEAL ~~ DEANNA GREGORY Notary Public fo /Or gon ~`~' NOiARY PUBLIGOREGON i ~~~ COMMISSION NO. 05400d ((((~~ My Commission Expires: S-/3 D~J MY COMMISSION EXPIRES MAY 13, 2000 /A 2 - WAIVER OF ONE-YEAR LIMIT ON CONSENT TO ANNEXATION (060998) Legend CITY LIMITS UGB LIMITS ' ~ 6230 6202 6172 \ 6366 ~ 6389 ~ `--- --- ~, ~ _ - - ~~- ~ 6355 _ ~ 6353~~ -~ \\, .~ 6351 `~ ~_ ~ . , ,v -_ - 2908 ~ '~ 3400 3250 3100 3218 3249 29011 5863 3737 ~. 5825