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91-020997 91020997 Washington County CORPORATION CONSENT COVENANT (NONREMONSTRANCE 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 purpose of improving the public 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: SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors, BEACON HOMES, INC. Name of Corporation Corporate Seal P yes dent STATE OF OREGON } By: } ss. Secretary County of Washington } Personally appeared Kurt H. Dalbey and Peter A. Kusyk who, each being first duly sworn, did say that the former is the President and that the latter is the Secretary of Beacon Homes, Inc. , a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. TESTIMONY WHEREOF, I have hereunto set my hand and seal th st vl�� zt�'�lay of Januar , 1 1 o-rAr4l Notary Public for Oregon R1ALI SEAL) iComnission Expires: 5/31/93 ����• ��� REI'CTRN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD PCS BOX 23397 '. TIGARD OR 97223 1991. By: _. Title: e� ' Approved this 3 day of J .�--t-r-� , 1991. ���bF'tLCQ I�R� r s �-z! of GRANTOR'S NAME/ADDRESS DEPARTMENT OF gezc.c)%^ O , bc�x 13 Title: el `1-7009- (ke/0206S) Z T U E 1 : 3 3 A LPH A E N G I N E L I N G P 0 :3 . EXHIBIT "A" ALPHA ENGINEERING9 INC . ENGINEERING DEVELOPMENT SERVICES SURVEYING DECEMBER 20, 1990 LEGAL DESCRIPTION FOR 96TH AVENUE MLP JOB NO. 141-009 A PARCEL OF LAND LOCATED IN THE SOUTHWEST. ONE-QUARTER OF SECTION 11 , TOWNSHIP 2 SOUTN , RANGE 1 WEST , WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON AND MORE PARTICULARLY DESCRIBED AS FOL- LOWS : BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF THE PARTITION PLAT NO. 1990-038, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 14 OF THE PLAT OF "DARMEL" ; THENCE N 00 17 ' 12" E, ALONG THE EASTERLY LINE OF "DARMEL - PLAT 2" , A DISTANCE OF 59.78 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND BELONGING TO SCHOOL DISTRICT NO . 23 , AS PER BOOK 536, PAGE 38 , WASHINGTON COUNTY RECORDS: THENCE N 89 32 ' 16" E, ALONG THE SOUTHERLY LINE OF SAID SCHOOL DISTRICT PARCEL , A DISTANCE OF 164 . 19 FEET; THENCE S 0 04' 50" E, ALONG THE WESTERLY LINE OF THAT PARCEL OF LAND RECORDED IN BOOK 380, PAGE 336 , A DISTANCE OF 111 . 36 FEET; THENCE S 89 42 ' 41" W, ALONG THE NORTHERLY LINE OF THAT PARCEL OF LAND RECORDED IN BOOK 252, PAGE 17, A DISTANCE OF 164 .90 FEET; THENCE N 00 17' 12" E, ALONG THE EASTERLY LINE OF PARCEL 1 OF THE PARTITION PLAT NO. 1990-038 , A DISTANCE OF 49.08 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 18 , 282 SQUARE FEET OR 0.42 ACRES. REGIST :a�Dfi LAND SURVEY D.. d OrEGON JUL-f 15,1990 MICHA 244R.9 GATES SUITE 19 1750 S.W.SKYLINE BLVD. PORTLAND,OREGON 97221 (503)297.1458 :;r_ _. C _ ' Q p -. W CA u_to w Z /" .00LL CA O I CA U (L A 0 61 .4 t= U_ 04 Q � u _1d W �., ill W � �v 3 A A 6 m o. w z tL n 6.1 e Q ,SL'6Es—�_ ,8PJ6t�-• ,.,ISL£ _` -- — - .0009 CA � A III • `_ � I lt) ( 65'96Z) I pV I it1 — Q n WA a IWI I W eW I W W W W ( AI I I I Q p 1p p a-yJ � ,05"tl 8£ ' 0661 'ON 1'd'1d I NOIlllZ1'dd W F — p ,lm ZLZ 3 .LZ,01.00 N d) — lu z � �'� . J6 Wd / QW I 3 p i ON 334 I 0 4 W a33a 3d 1N3W3s'v`3 ,k1oun n � w �i-t�nd aNd ss��d �alrn , zl STATE OF OREGON SS i County of Washington I,Jerry R. n,. HansRDire gr of Assessment and Taxation a.d.Ex-Officio Ri�c�QQ rder of Con- veyances for,#d d cggnMbd/,lfierebypertify that the within instrument-of=writiA&i was7received and recorded in•book<of records,o%i•'-�ounty. m �r,"ry Fia\Han �N'r ctor of Assessment n" j D aatio'n. Ex Q icio•Coun (drk.-,e N qqq 4 �C? COUNT• Doc 91020997 Rect: 53268 28. 00 04/26/1991 03 : 33: 26PM