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99-049043 J" RETURN RECORDED DOCUMENT TO:' STATE' OREGON } SS CITY HALL RECORDS DEPARTMENT County of Washington CITY OF TIGARD I, Jerry , ne��fi, [)ir r of Assess- 13125 SW Hall Blvd. ment and4T 04irio County Tigard,OR 97223 Clerk for—oat-coI / ertify that the wlthL7 ir,t,3�lrum l� it,Iry � sari%received and reambrdecVt: °, cf of sardsof said county CORPORATION :. eTry 13 Hansorpirector of n _ Cler (�p"� � As essmenf Iter tion, Ex- File No. Offii Gutty k Doc 99049043 Rect: 230188 21.00 04/21/1999 11:24: 50am WAIVER(NON-REMONSTRANCE AGREEMENT) STREET IMPROVEMENTS The undersigned owners (including purchasers)of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the public street or streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment'formula. The real property that is the subject of this consent covenant is described as follows: Attached Exhibit"A" IN WITNESS WHEREOF, I hereunto set my hand on this 8TH day of MARCH , 19 99 . EQUITY GROUP FUND I, LLC Y•� Print Name of Corporation Signature KURT,H. DALB Y 7125 S.W. HAMPTON STREET MEMBER Address Title PORTLAND, OREGON 97223 Signature Title STATE OF OREGON ) )ss.' County of Washington ) This instrument was acknowledged before me on MARCH 8, 1999 (date)by KURT H. DALBEY (name(s)of person(s))as MEMBER (type of authority,e.g.,officer,trustee,etc) of EQUITY GROUP FUND I, LLC (name of party on behalf of.vhom instrument.vas executed'.. OFFICIAL SEAT_ ' ICARIN J ATKINS v� NOTARY PUBLIC-OREGON Nota 's Signature COMMISSION NO. 303272 MY COMMISSION EXPIRES JAN 07 2002 My Commission Expires: '7 X00 --4— Accepted on behalf of the City of Tigard this 5 day of M , 19�. City Engineer NO CHANGE IN TAX STATEMENT 19ENG\PUB-F0RMWR-STR-C.D0T ) Exhibit "A" Legal Description Parcel I: Lots 19, 20, 21 and 22, Block 28, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Book 1, Page 55, Records of the County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. Gonzaga Street as vacated by Record's Fee No. 93101917, which inures by law. Parcel II: Lots 23, 24, 25 and 26, Block 28, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Book 1, Page 55, Records of the County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. 67th Avenue and S.W. Gonzaga Street as vacated by Recorder's Fee No., 8131800, 8429927 and 93101917 which inures by law. Parcel III: Lots 5, 6, 7 and 8, Block 33, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Book 1, Page 55, Records of the County of Washington and State of Oregon, EXCEPT the South 25 feet thereof. TOGETHER WITH that portion of vacated S.W. 67th Avenue and S.W. Gonzaga Street as vacated by Recorder's Fee Nos. 8131800, 8429927 and 93101917, which inures by law. Parcel IV: Lots 34, 35, 36 and the South 25 feet of Lots 5, 6, 7 and 8, Block 33, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Book 1, Page 55, Records of the County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. 67th Avenue as vacated by Recorder's Fee No. 8131800, which inures by law. Parcel V: Lots 1, 2, 3 and 4, Block 33, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22,-1950, in Plat Book 1, Page 55, Records of the County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. Gonzaga Street as vacated by Recorder's Fee No. 93101917, -recorded December 7, 1993, which inures by law. SEE MAP �� 2S I IAA W Soo LLJ� 9 20 21 22 23 24 25 261 1 Z _ — — _ 2�2tl12S12S 23u2�2S1234: L. _ — �1� T Q '^ (S.W. GONZAGA ST.) VACATED 30 VACATED Q. � 86-M44E VACATCD 9�-101917 Q4�2!!2T_ 1 _ , 7 T T T T T -r "f T T T T T T T T T T T 25' 2� 23 25' 23 2S' 25 25' 2S 2S z3' 2S 2S' 30. 3d I?1' zs' 2s' 23 zd zf 21 2S so' 2400 LLJ 1700 1 2.2CAc. .30 Ac. 0 100 8 1 2 13 4 5 6 7 8Z a 1 2 3 4 5 6 7 8") I I L33AC. 4 5 6 7 80° I W m 100 — �30' 1 (CS. 10,983) L 1 + i i ¢ 1 1 l.- .L 1 1 + 1 1 1 36 Q - 1600 9 36 N + 35 —' 24 O0 i r 10 + 1_1 35 5 l I �+- 34/ — — - 34 , t' 11 } 34 _ 12 (C.&X0,974) 33 lo00 `< r 12 t L, 33 = — - - -+ 3z 313:!5 AG 1 S r A 3 4 19 43 � . 1400 loo- 31 .45Ae.' So '' 14 31 N + 15 * i e r 419 C T 30 30 L_-, (CS.22.089) 16 + - 29 1 16 29. 16 29 r + 17 .� 1300 0 1 „ 1100 c - 17 28 —. „�- + 34AC .45 AC. - a 18 (CS.-18,506)27 i -(- --r T T T T T T 1 i r T T T + T T T L 1 0sE I 1 - «- 25 2619 2012( 22 23 24 25 26 a 19 20 21 22 23 24 25 26 l9 20 21 22 23 24 25 2%0' i c 1 1(C.S. 18,387) u�" I a, t I60'WL ? �.�r1 1 1 1 t 1- -�� o HAMPTON STREET t052/175 I :E 1 3300 3500 1 1 .47 AC. 4.3 9AG 7 81 3200 4 5 6 7 8 1 CO 1 1 2 3 4 5 6 7 8 1 I I 2 3 4 5 6 7 8 I I 23aaG 1 ad I I I + 1 1. 1 1 1 1 1 1 1 F 1 1 1 + ,l 1 1 9' 36 9 36 9- I 36 -i 10 + 35 Id . 35 i F 10 35 F I1 t 34 \ I' 11 34 ` F A i } 34 12- 33 ; n 12 33 12 33 + o _ 13 32 �o cF ` 13 3 S 32 (Cs ,aa1) 13 3+7 32 THIS MAP IS PROVIDED AS A COURTESY OF OREGON TITLE INSURANCE COMPANY 3 This map is made solely for the purpose of assisting in locating said premises, and the Company assumes no liability for variations, if any, in dimensions, areas, and locations ascertained by actual survey.