PETITION FOR VOLUNTARY ANNEXATION NON-CONTIGUOUS LAND

Transcription

1 City Of Blue Springs PETITION FOR VOLUNTARY ANNEXATION NON-CONTIGUOUS LAND TO: The City Council of the City of Blue Springs, Missouri The undersigned hereby petitions and requests the City Council of the City of Blue Springs, Missouri, to annex into the corporate limits of the City of Blue Springs, Missouri, any portion or part of the following tract of land, presently unincorporated non-contiguous to the corporate limits of the City of Blue Springs, Missouri. No. ACRES (Please attach the following information) 1 Large & 1 reduced copy (8-1/2x11) of the Legal Survey drawing of the property. Legal Description to be provided on disk. Parcel No. Sec.Twp.Rng. Proof of Ownership of property described The undersigned represent that they are owners of all fee interest of record of the above tract of land. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their heirs, executors, administrators, successors, assigns, or legal representatives. It is understood that this instrument will be recorded in the Recorder of Deeds Office of Jackson County and shall be of record. DATED: Signature Printed Name Mailing Address: Phone Number:

2 STATE OF MISSOURI ) ) COUNTY OF JACKSON ) On this day of, 20, before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires (Seal) Pre-annexation Agreement Attached

3 CITY OF BLUE SPRINGS 903 Main Blue Springs, Missouri PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT made and entered into this day of, 20, between the City of Blue Springs, Missouri municipal corporation located in Jackson County, Missouri (hereinafter City ), and and (hereinafter Owner ). WITNESSETH WHEREAS, the owner owns the real estate parcel located at, the description of which is set forth in the document, marked as Exhibit A, which is attached hereto and made a part hereof this agreement (said real estate will hereinafter be referred to in it s entirety as subject property ); and WHEREAS, the City has concluded that annexation of the subject property under the terms and conditions of this agreement would further the growth of the City, enable the City to control development of the area, increase the taxable value of property within the City, extend the corporate limits and jurisdiction of the City, permit sound planning and development of the City, and otherwise enhance and promote the health, safety and general welfare of the City; and WHEREAS, the subject property is not presently contiguous to the corporate limits of the City; NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This agreement is made pursuant to and in accordance with the provisions of the Blue Springs Code and applicable provisions of the State Statutes. 2. PETITION TO ANNEX. When and if the subject property becomes contiguous to the City in such a manner that State Statutes would allow its annexation, Owner agrees to immediately petition City to annex said subject property and further agrees to take all actions necessary to facilitate and accomplish annexation of the subject property by City. 3. ANNEXATION, Once the subject property becomes contiguous to the City and Owner has petitioned to annex it, the City, in its sole discretion, may thereafter enact an ordinance annexing the subject property to the City. If the City decides not to annex the subject property, this will not affect any other rights of the Owner created by the agreement. 4. DEVELOPMENT AGREEMENT. Any future development or construction on the subject property shall be in full conformance with the City s ordinances, codes, rules and regulations pertaining to land development. The ordinances, codes, rules and regulations existing on the date of application for building, or other permits, shall be applicable. Provided, however, any construction, improvement or development prior to the property becoming annexed to the City, shall conform to

4 either the building or development codes of the County of Jackson or the City, whichever is, or are, more restrictive, as determined by the City. 5. UTILITIES AND PUBLIC IMPROVEMENTS. As a condition of the pre-annexation agreement, the Owner is requesting connection to, and service from, the following City utilities and public improvements. The Owner understands that any extension of and connection to these City utilities and public improvements shall be approved by the City Engineer and done in accordance with City engineering standards and the City Code. Such extension and all costs related thereto shall be the responsibility of the Owner and/or the Owner s contractor. The Owner shall pay for all services and utilities as provided in the Blue Springs City Code and any rates set administratively. The granting of the right to hook on to City utilities shall, unless specifically provided otherwise herein, only allow one (1) dwelling unit and its accessory buildings: a) Water Facilities: A suitable sized City water line (six inch or greater) for service is available adjacent to the subject property. The Owner agrees to connect to this water line and the City agrees that said connection may be made. b) Sanitary Sewer Facilities: A suitable sized City sanitary sewer line (eight inch or greater) for service is available adjacent to the subject property. The Owner agrees to connect to this sanitary sewer line and discontinue the use of any septic field in a manner consistent with County Standards within six (6) months of this agreement and the City agrees that said connection may be made. 6. STREET & SIDEWALK IMPROVEMENTS. The City agrees not to require any street or sidewalk improvement to any street abutting the property to which this agreement applies unless or until such property is subdivided at which time the Owner shall be responsible for such improvements as required by the City s Unified Development Code. 7. ANNEXATION AND PERMIT FEES. The amount of pre-annexation permit, license, inspection, tap-on, recapture or connection fees imposed by the City which are applicable to or required to be paid by the Owner or successor owners, contractors, subcontractors, material men, or others performing work or supplying materials in connection with the development or construction of improvements on or about the subject property shall be the amount or rate of said fees in effect at the time of application for same. 8. PROOF OF OWNERSHIP. Owner shall provide, at Owner s expense, evidence of ownership of the subject property satisfactory to the City prior to hooking on to any City utility. 9. INVALIDITY. If any provision of this pre-annexation agreement, or section sentence, clause, phrase or word, or the application thereof in any circumstances is held invalid, the validity of the remainder of this pre-annexation agreement and the application of such provisions, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. 10. TERM OF AGREEMENT. This pre-annexation agreement shall be binding upon the parties hereto, their respective successors, heirs, administrators, contract purchasers, executors, grantees and assigns for a full term of twenty (20) years from the date of this agreement. 11. RECORDING. This agreement shall be recorded in the Office of Recorder of Deeds of the County of Jackson at the expense of Owner. 12. APPROVAL. This agreement shall not be effective until the Owner(s) of this property,, shall affix their signatures to a true and correct copy of this agreement, acknowledging that they understand the provisions of this agreement. 13.ADP-O. The parties agree, and the Owner specifically acknowledges, that in connection with any application for rezoning the Property, if it is located in the Adams Dairy Parkway comprehensive planning

5 district, the Adams Dairy Parkway Overlay (ADP-O) zoning district regulations may also be applied to the Property, upon application by the Owner, the City, the Planning Commission or the City Council for the Adams Dairy Parkway Overlay (ADP-O) District designation and upon approval by the City Council, in its legislative discretion, of the Adams Dairy Parkway Overlay (ADP-O) District designation. 14.DEFEND AND HOLD HARMLESS. Owner agrees to defend and hold City harmless from any and all action, cause of action, claims, litigation, attorney s fees, and costs required to defend against efforts by anyone to set aside this pre-annexation agreement, or the terms thereof. 15.NOTICES. Notices or other writings which any party is required to, or may wish to, serve upon any other party in connection with this agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: PROPERTY OWNERS: Address City of Blue Springs 903 Main CSZ Blue Springs, Missouri By_ Frederick R. Siems, Jr. City Administrator ATTEST: _ City Clerk Date: Seal

6 MISSOURI MUNICIPAL CORPORATION ACKNOWLEDGEMENT STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) On this day of, 20, before me, appeared Frederick R. Siems, Jr., to me personally known, who, being by me duly sworn, did say that he is the City Administrator of the City of Blue Springs, Missouri, a municipal corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said municipal corporation and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council pursuant to Ordinance No. duly adopted and passed on, 20, and the said Frederick R. Siems, Jr. Acknowledged said instrument to be the free act and deed of himself and said municipal corporation executed for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in Jackson County, Missouri, the day and year last above written. Notary Public within and for said County and State Print or Type Name: My Commission Expires: MISSOURI ACKNOWLEDGEMENT MAN & WIFE

7 State of Missouri ) ) ss. County of Jackson ) On this day of, 20, before me, a Notary Public, personally appeared and his wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Blue Springs, Jackson County, Missouri the day and year last above written. _ Notary Public _ Print or Type Name My Commission Expires: (seal)