91-020994 $ 91020994
Washington County
CONSENT COVENANT
NONREMONSTRANCE AGREEMENT
WHEREAS, the undersigned LEWIS J. BACON and JOAN M. BACON,
husband and wife ("Owners") warrant that they are the sole owners
of real property in Washington County, Oregon, within the corporate
limits of the City of Tigard (the "Property") , described as
follows:
Lot 5, COLONIAL VIEW, a plat duly recorded in
Book 18, Page 14, Washington County Plat
Records, State of Oregon, and
WHEREAS, Owners have requested the City of Tigard ("City") to
issue a sewer connection permit allowing the above-described
property to connect to the public sanitary sewer system, and
WHEREAS, Owners have agreed to convey to the City a permanent
sanitary sewer easement on a standard form prescribed by the City,
and
WHEREAS, the City has agreed to allow Owners to connect to
said sanitary sewer system,
NOW THEREFORE, in consideration of and as conditions of the
above-stated agreements the parties agree as follows:
1. City agrees to issue a sanitary sewer connection permit
allowing the property to be connected to the public sanitary sewer
system.
2 . Owners do hereby agree to and record their consent to
participate in a formation of a local improvement district by the
City for the extension of the sanitary sewer line to service other
property in the general vicinity of the property, and hereby waive
all present and future rights to oppose or remonstrate against the
formation of such a local improvement district.
3 . Owners agree to pay to the City a $3 , 000 surcharge for
the sewer connection.
4 . The Owners agree to convey to the City a permanent
sanitary sewer easement on a form prescribed by the City granting
the City the right to locate and maintain the public sanitary sewer
line across the property.
5. City agrees that as a part of the assessment process in
conjunction with the local improvement district formed to extend
1 - CONSENT COVENANT NONREMONSTRANCE AGREEMENT
REIVRN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
the sanitary sewer service line to other properties in the area,
that the City will take into consideration and credit Owners $3, 000
surcharge payment towards the assessment levied against the
property in connection with the sanitary sewer extension through
the local improvement district.
6. The property is subject to and burdened by this Consent
Covenant and Nonremonstrance Agreement, and this Covenant and
Agreement shall run with the land and be binding upon the heirs,
executory, assigns, and subsequent purchasers of Owners.
7 . If any provision of this document is held to be invalid
or unconstitutional by any court of competent jurisdiction or
preempted by federal or state regulations or law, such provisions
shall be deemed separate and independent of the documents and such
holding or preemption shall not affect the validity of the
remaining provisions.
8. If suit or action is instituted to enforce or interpret
this Agreement, prevailing party shall be entitled to recover, in
addition to costs, such sum as the court may adjudge reasonable as
attorney's fees, and in the event of appeal as allowed by the
appellate court.
hh
DATED this day of ael , 1991.
OWNE
LE IS J. tAgo
OWNER
I
,az�
J M. BACON
SIGNED AND SWORN to before me this 12 1` day of
1991, by LEWIS J. BACON and JOAN M. BACON.
Notar Public of Ore o
?(kOTARIAL=;SEAL) My Commission expir s
2 -'CONSENT COVENANT NONREMONSTRANCE AGREEMENT
2
CITY OF TIGARD
By: Zee,,a
for e City Tig rd .
SIGNED AND S ORN to before me this olr"11 day of
1991, by V,ou
Notary Public of Oregon /
My Commission expires:
`• Acio'ep��`,�i:
City of Tigard
Approved as to form:
City Attorney, City of Tigard
STATE OF OREGON l
County of Washington / SS
I,Jerry R. Hans nr fJir r of Assessment
AFTER RECORDING RETURN TO: and Taxation a(>d%Ez=Off`ici`o` ecorder of Con-
veyances for�sa�d�Gn,6d4i 8'b ertify that
Con-
the within i str�merit=of=writASOa received
Cit Recorder 4 `�J ��-
City and recor d i�• ook ofiPcord�o ai ..
City of Tigard t N ounty.
P. O. Box 23397 ry Ra`Hanror of
Tigard, Oregon 97223 Assessments , ikatiil�q . Ex-
Tigard,
Offi io Courtff� erk
000.0
Doc ; 91020994
Rect; 53268
04/2.6/1991 03: 33: 26PM 23. U0
jmc\tigard\90024-11\covenant.coNdV4/1/91 _
3 - CONSENT COVENANT NONREMONSTRANCE AGREEMENT
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