Lane County Clerk 2021-074583 <br />Lane County Deeds and Records <br />1111111111I I 111111111111111111 IIIIIIIIIII111 $152.00 <br />01992150202100745830090091 <br />12/02/2021 08:09:29 AM <br />RPR-CNST Cnt=2 Pgs=9 Stn=1 CASHIER 05 <br />$5.00 $45.00 $20.00 $10.00 $11.00 $61.00 <br />CITY FILE NO. <br />APPROVED AN ACCEPTED BY <br />CITY OF EUGENE, OREGON <br />4e' ecorder <br />IRREVOCABLE CONSENT TO ANNEXATION <br />BETWEEN: Cankiary/,Iuink LEVEL 3 COMMUNICATIONS, LLC ("Owner") <br />AND: City of Eugene, an Oregon municipal corporation ("City") <br />RECITALS <br />A. Owner owns real property located outside the city limits of the City of Eugene but <br />within the Urban Growth Boundary Eugene-Springfield Metropolitan Area General Plan ("Metro <br />Plan). The real property is located at Assessor's Map # 17-04-04-00, Tax Lot 02803 and more <br />particularly described in Exhibit A, attached to this Irrevocable Consent to Annexation ("the <br />Property"). <br />B. Owner desires to undertake development of the Property which will require the <br />provision of urban services, including water or sewer service from the City of Eugene. <br />C. The Eugene Code generally prohibits the extension of water or sewer service <br />beyond city limits. One exception to that general prohibition is subsection 9.8117(2) of the Eugene <br />Code (EC), which provides: <br />"(2) Approval for extra-territorial extension of water or sewer service to property <br />located within the boundary of the Industrial Corridor Community Organization as <br />shown on Map 9.8117 Industrial Corridor, is automatic upon approval of a building <br />or development permit so long as the property owner executes an irrevocable <br />consent to annexation form approved by the city attorney, authorizing the city <br />council to annex the property whenever the annexation is authorized by state law. <br />This subsection (2) shall not apply to property that is eligible for annexation." <br />D. The Property is located within the territory identified in subsection 9.8117(2) of the <br />Eugene Code and this Irrevocable Consent to Annexation satisfies the consent requirement of <br />that code provision. <br />AGREEMENT <br />Owner agrees as follows: <br />1. In consideration of City extension of water or sewer service to the Property, Owner <br />hereby: irrevocably consents to annexation of the Property to the City of Eugene; authorizes the <br />city council to annex the Property whenever the annexation is authorized by state law; and waives <br />the one-year statutory time limitation on consents to annex by execution of a Waiver of Time <br />Limitation on Consent to Annexation, attached as Exhibit 8 to this Irrevocable Consent to <br />Annexation. <br />2. This Irrevocable Consent to Annexation is binding on Owner and Owner's heirs, <br />assigns, and successors and runs with the land. Notice of this consent may be recorded by the <br />City of Eugene in the records of the Lane County Recorder. <br />3. In the event that subsection 9.8117(2) of the Eugene Code is revised to provide <br />other or additional terms, Owner may choose to take advantage of that revised provision, but only <br />if the new provision explicitly provides that it may be applied retroactively. <br />Irrevocable Consent to Annexation Agreement - Page I of 3 4Rcy words vtbiy n 1D <br />{00314775;1} ICA Q 0K. 4C oZ03 <br />Ev jme,, 012 `tIL401 <br />Produced using RLID (www.rlid.org) on 10/07/2022 at 9:48 AM <br />