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<br />C~\ <br /> <br />o <br />~t.. J <br /> <br />2.2 When Property Owner is required to connect to the City <br />sani tary sewer system because of Property Owner's ne'ed to make <br />other than minor repairs, as defined by OAR, 340-71-100(93), (as <br />such rule provided on January 1, 1991) to its septic tank disposal <br />system and because the City sanitary sewer system is physically and <br />legally available as defined by OAR 340-71-160(5) (f) (as such rule <br />provided on January 1, 1991); or, <br /> <br />2.3 Immediately following the effective date of annexation. <br /> <br />Property Owner understands that City may require sewer connection <br />of new improvements on the property at the time of the improvement <br />if sewer service is available. <br /> <br />3. Annexation. <br /> <br />3.1 Property Owner hereby irrevocably consents\ to and <br />petitions for annexation of the Property to the City of Eugene <br />under the terms and conditions described herein. Property-Owner <br />agrees to apply for annexation of the property to the city of <br />Eugene consistent with the terms and conditions contained herein <br />and to obtain consents to annexation by electors residing on the <br />property at the time of such application. Such application shall <br />be made no later than the time of the Property's connection to the <br />sanitary sewer system if legal authority exists to delay the <br />effective date of the annexation to the times set out in Paragraph <br />3.2. If such legal authority is lacking at the time of sewer <br />connection, Property Owner agrees to apply for annexation and <br />obtain consents at the times set out in Paragraph 3.2. If Property <br />Owner fails to apply for annexation at these times, the City may <br />initiate annexation proceedings using the Property Owner's consent <br />contained herein. <br /> <br />3.2 Except upon earlier application by Property Owner as <br />provided in Paragraph 3. 3 below, annexation to the City of Eugene <br />shall be effective, at the earliest: <br /> <br />3.2.1 When ten (10) <br />improvements on the Property <br />sanitary sewer system; or <br /> <br />years have elapsed <br />were connected to the <br /> <br />since <br />City <br /> <br />3.2.2 <br /> <br />January 1, 2010. <br /> <br />3.3 Property Owner may initiate annexation at any time. The <br />City agrees not to initiate or support annexation sooner than as <br />described herein. <br /> <br />'~ <br /> <br />3.4 The City agrees to waive annexation application fees <br />otherwise payable to the city. <br /> <br />Annexation and Urban <br />Services Agreement - Page 3 <br />