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HomeMy WebLinkAboutConsent to Annex - 4511 Hamrick Road CONSENT TO ANNEXATION AGREEMENT 4511 Hamrick Road (372W01C TL1700) This agreement, made and entered into this 1M--\-) day of August , 2015, by and between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and James W. Sutton, hereinafter referred to as "Owner". Agreement 1. Warranty of Ownership. Owner(s) hereby warrant that he/she/they are the owner(s) in fee of the real property, 4511 Hamrick 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 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. CONSENT TO ANNEX—4511 Hamrick Road City of Central Point / j / �� I Owner Mayor �� \\ City Manager U v STATE OF OREGON ) ss. County of Jackson ) On this ),a+1-, day of August , 2015, personally appeared before me, James W. Sutton and acknowledged the foregoing Consent to Annexation Agreement to be his voluntary act and deed. / 4 < OFFICIAL STAMP KAREN ROEBER - INitNOTARY PUBLIC-OREGON V �C COMMISSIONBLNO.921764 Notary Public for Oregon t MY COMMISSION EXPIRES NOVEMBER 14,2017 1 My Commission Expires: (1o,,. \i- . ,oi1 STATE OF OREGON ) ) ss. County of Jackson ) On this \1k\---) day of August , 2015, personally appeared before me, known to me to be the Mayor 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. OFFICIAL S ^.�l X ,� \�C1-\ /(� `1'�.7e -- -Dir aa: Notary Public for Oregon NOTARY PUBuc uHEGON My Commission Expires: \`1ot111 a.o1 �; COmiji$S,ON NO.921764 " .7 c.5 NOVEMBER 14,2017 CONSENT TO ANNEX-4511 Hamrick Road STATE OF OREGON ) ) ss. County of Jackson ) On this 111AM day of August , 2015, personally appeared before me, known to me to be the City Manager 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. (/ do.% OFFICIAL STAMP Notary Public for Oregon 1 : ROEBER 1 KARENLIC-OR NOTARY PUBLIC-OREGON My Commission Expires:�`�o�3 '11-1 �'j 11 COMMISSION NO.921764 MY COMMISSION EXPIRES NOVEMBER 14,2017 I CONSENT TO ANNEX—4511 Hamrick Road First American Title Company of Oregon EXHIBIT " " Public Record Report for New Subdivision or Land Partition Order No.7169-2469500 EXHIBIT"A" (Land Description Map Tax and Account) BEGINNING AT A POINT ON THE EAST LINE OF DONATION LAND CLAIM NO. 55,TOWNSHIP 37 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, SAID POINT BEING 1249.14 FEET NORTH OF THE SOUTHEAST CORNER OF SAID CLAIM; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID CLAIM, 220.0 FEET, TO THE EAST LINE OF TRACT DESCRIBED IN VOLUME 284, PAGE 213,JACKSON COUNTY, OREGON, DEED RECORDS; THENCE NORTH, ALONG SAID LINE, 156.0 FEET,TO THE NORTH LINE OF TRACT DESCRIBED IN VOLUME 279, PAGE 180, SAID DEED RECORDS; THENCE EAST, ALONG SAID LINE, 220.0 FEET,TO THE EAST LINE OF SAID CLAIM NO. 55; THENCE SOUTH, ALONG SAID CLAIM LINE, 156.0 FEET, TO THE POINT OF BEGINNING. NOTE: This Legal Description was created prior to January 01, 2008. Map No.: 372W01C 1700 Tax Account No.: 1-019549-1 • Public Record Report for New Subdivision or Partition Page 2 of 5(Ver.20080422) . . . , - EXHrIBITx , rH , wg Cl �~ a - 'r.-a•�•�- xw �T. -. a „n,x ate,. .r i,-• 4.+' `` 't ,. ,x,'x.y 1,-,,` , -."rw' x _ oe : • I� ��// i :2 7: P „...,,,,....r. t., arm t+` y`C�r' ' ;°` 3as .�F�j�i� i,/jam/ I _ ,a �, t-Y �- •a I t n n Z any . _.,,ya /ts�'.••-XYa^i . I .. r -y ' . BI1. 111L{ I. �{, k .,r . +•Y�...4,„ _Lr 4r w S: r • Y "?� _ t ti t +�1 Hyp,b. I54 .t<'•56+ .':. Pvi tr y� ISP . .�. ,,,- .?..,&.4,. _.,%,,,t Et"K1`1'E v„k r{i Ill .dj k M� ,,._'' + 2{ ..Y nil , ", •' , is @ fc r � t x1i t* i .�. erTiC la ,VAt . 4,14 ±qiwtitI ?.:# • .. : r ; • tt kitL: lie r ".4- 3 r ::"--I',1;;;; : a = (� c>4ss i 4'�. 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