Xxxxxxxx(s) for Annexation; Annexation Sample Clauses

Xxxxxxxx(s) for Annexation; Annexation. The University shall prepare or has already prepared an annexation petition, map, legal description and other related information (collectively, the “Annexation Petition”), as may be required by the Ohio Revised Code (“ORC”), to annex the Property, the Adjacent Parcels, and the ROW to the City. The procedure to be utilized to annex the Property and the Adjacent Parcels to the City shall be an “Expedited Type II” annexation procedure as provided in ORC Section 709.023. University agrees that it will (i) be responsible for obtaining the signature of the current owner of the Property on the Annexation Petition at its cost or expense, and (ii) make commercially reasonable efforts to obtain signatures on the Annexation Petition from the owners of the Adjacent Parcels. The Annexation Petition shall appoint Xxxxx X. Xxxxxxxxx, Esq. and one or more other attorneys with the law firm of Xxxxxxxxx & Xxxxx LLC, 0000 Xxxxxx Xxxxxxx, Suite 260, New Albany, Ohio 43054, as the petitioners’ agent (the “Agent”). The Adjacent Parcels include four individual tax parcels, two of which are owned by the current owner of the Property or its affiliated business entity and the two of which are owned by third parties. One of the two parcels owned by third parties is owned by a dog boarding facility and the owner is obligated by contract to sign the annexation petition. The other parcel owned by a third party contains an existing building and related improvements from which a retail bank presently operates. This third parcel is identified as the “Bank Parcel” in Exhibit A and shall be referred to as such in this Agreement. In the event that University is unable to obtain the signature of the owner of the Bank Parcel on the Annexation Petition then an annexation of the Property, the other Adjacent Parcels, and the ROW would create an unincorporated island of real property that would remain in Liberty Township, which such result is prohibited by applicable annexation law. In that circumstance, City and University agree that University shall cause the Annexation Petition to be prepared or revised to include the Property, the two parcels within the Adjacent Property which are located outside of the boundaries of the Bank Parcel, and that portion of the ROW which is generally identified as “Annexation ROW #1” in Exhibit A. Then, within a reasonable amount of time following the legally effective approval and acceptance of the Annexation Petition which excludes the Bank Parcel, University s...
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Xxxxxxxx(s) for Annexation; Annexation. The Landowner shall prepare or has already prepared, an annexation petition, map, legal description and other related information, as may be required by the Ohio Revised Code ("ORC"), to annex the Property to the City. The annexation process shall be an "Expedited Type II" annexation as provided in ORC Section 709.023. Xxxxxxxxx agrees that it will execute any necessary annexation petition, as appropriate, and will execute any other documents reasonably necessary to effectuate the annexation as may be required by law at its cost or expense. The annexation petition shall appoint Xxxxx Xxxxxxxxx (and other attorneys with the law firm of Xxxxxxxxx & Xxxxx LLC) as the petitioner’s agent and will be filed solely with the Property. The petition will be filed with the Delaware County Commissioners. The Landowner and Developer agree that all costs and expenses in petitioning for the annexation will be borne by Developer. Should the City desire for its own attorney to represent its interests with regard to the annexation petition, those costs will be borne by City. Xxxxxxxxx further agrees that they will continue to support the annexation to the City throughout the process, including any appeal or court action at no further expense to City, unless the City desires to retain its own attorneys; provided, however, Xxxxxxxxx’s continued cooperation in the annexation of the Property shall be subject to and conditioned upon the City’s performance of its duties and obligations as memorialized in this Agreement.
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