2015-023548 Washington County,Oregon 2015-023548
04/02/2015 02:34:47 PM
D-IPPS Cnt=1 Stn=10 A DUYCK
$20.00$5.00$11.00$20.00$5.00-Total=$61.00
AFTER RECORDING RETURN TO:
Kenny Asher 11111111111111111111111111111111111111111111111111111
City of Tigard 02028105201500235480040048
I,Richard Hobernicht,Director of Assessment and
13125 SW Hall Blvd. Taxation end Ex-Offlclo County Clerk for Washington
County,Oregon,do hereby certify that the within =•
Tigard, OR 97223 Instrument of writing was received artd regarded In the : 1
book of records of sold coupey..
Richard Hobernicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
This space provided for recorder's use.
ANNEXATION CONTRACT
CONSENT TO ANNEXATION AND WAIVER OF REMONSTRANCE
Recitals
A. Janet Zeider and Richard Zeider ("Owners")are the Owners of the real property
(the"Property") located at 13100 SW Summit Ridge Street,Tigard, Oregon (Washington County
i Assessor's Map No. 2S109DB, Tax Lot 1701) legally described in the attached and incorporated
Exhibit 1.
I
B. As of the date shown below, Owners are entering into a written Annexation
Contract- Consent to Annexation and Waiver of Remonstrance("Annexation Contract") with
the City of Tigard("City").
Agreement
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
herein,the Owners and City hereby agree as follows:
1. Pursuant to ORS 222.173(1), Owners hereby waive the one year period for
effectiveness of the Annexation Contract and consent to annexation. City and Owners agree that
this Annexation Contract shall allow the City to complete annexation of the Property on the
fourth anniversary of the earlier date shown below,or thereafter at the sole discretion of the City,
or before the fourth anniversary of the date shown below upon Owners' written request to the
City.
2. Owners waive any right to remonstrate against annexation of the Property to the
City of Tigard.
3. This waiver is a material inducement to the City to enter into the Annexation
Contract.
Page 1 —Annexation Contract 5W14-36794 Anrwation Contract(Jane(Zeidar and Richard Zeider).DOCXV3SQ015
.r
4. This Annexation Contract, including the agreement, consent, and waivers, shall
run with the land, shall be recorded in the Deed Records of Washington County,and all terms
and conditions contained herein shall be binding on all heirs,executors,administrators,assigns,
and other successors-in-interest to the above-described Property
5. 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
provision shall be deemed separate and independent of the document and such holding or
preemption shall not affect the validity of the remaining provisions.
6. This Annexation Contract is not intended as any limit on the City of Tigard's
lawful authority under its adopted regulations to take action on Owners' application by approval,
denial,or approval with conditions, or to take any other lawful action relating to the application.
7. Owners and City agree that no dedication of real property to the City by Owners
nor any public improvements by Owners are required by City until such time as the Property is
annexed to the City and such dedication or improvements are required by a final land use or
limited land use decision necessary to redevelop the Property.
8. If suit, action,judicial review, arbitration,bankruptcy proceeding or any other
type of proceeding is instituted to enforce or interpret this Annexation Contract,the prevailing
party shall be entitled to recover,in addition to costs, such sum as the court may adjudge
reasonable as attorney fees and,in the event of appeal or review, as allowed by the appellate
court or body.
DATED this Tday of MAvr,� ,2015.
OWNERS CITY,an Oregon municipal corporation
By: By:
e: J t Zeider Name: a r I . uj o�
Its:
Name. 'chard Ze' er
Mailin Address:
�$ �54.r
Telephone Number:S_03 C 39 =3/C`)
[Acknowledgements continue on next page]
Page 2—Annexation Contract 50014-36794 Annexation Contrad(Janet Zelder and Richard Zeider),D0CXVaW015
OFFICIAL STAMP
i CHRISTOPHER KIICHLE
NOTARY PUBLIC -OREGON
COMMISSION NO. 927738
STATE OF OREGON ) hf COMMISSION EXPIRES MAI 11,111111 ss.
County of WASLI",3b/\ )
The foregoing instrument was acknowledged before me on Q✓t k 12015,
by Janet Zeider
NOTARY PUBLIC FOR
My Commission Expires: 5 f 2018
STATE OF OREGON )
) SS.
County of t )
The foregoing instrument was acknowledged before me on Y-c,,�\ 2015,
by Richard Zeider
OFFICIAL BTAMP' ��� \-�� a4vv�,�
ROCKER F LIC R EG NO
0 TA
RY PUBLIC FOR O G N
�. :� NOTARY PURIUC•ORE:GON
COMMISSION N0,920913 My Commission Expires:/01 g P�1-�
MY COMMISSION EXPIRES OCTOBER 08.2017
STATE OF OREGON )
) SS.
County of W4 S�A ry)-to )
The foregoing instrument was acknowledged before me on -7774m c�. ! , 2015,
by L-4)1 as e 'IA of the City of Tigard.
OFFICIAL STAMP > 46e .A of
CAROL ANN KRAGER NOTARY PUBLIC FOR OREGON
NOTARY PUBLIC - OREGON
COMMISSION NO. 924954 My Commission Expires: /f(
MY COMMISSION EXPIRES FEBRUARY 10 2018
Page 3—Annexation Contract 50014-36794 Annexation Contract(Janet Zeider and Richard Zeider).DOCXV302015
EXHIBIT 1
LEGAL DESCRIPTION
��0AKS ENGINEERING&FORESTRY,LLC
12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#4105
P:(503)563-6151 F:(503)563-6152
ENGINEERING&FoREsTRY OFFICES IN: TUALATIN,OR - VANCOUVER,WA - SALEM,OR
EXHIBIT A
Legal Description
Adjusted Document Number 2014-050873
A tract of land located in the Southeast One-Quarter of Section 9,
Township 2 South, Range 1 West, Willamette Meridian, Washington
County, Oregon and being more particularly described as follows:
Beginning at a 1-1/4 inch iron pipe at the southeast corner of Lot 10 of the Plat of"Woodside",
thence along the east line of said Plat North 0I'l5'46"East 582.90 feet to a 5/8 inch iron rod
with a yellow plastic cap inscribed"AKS ENGR" and the True Point of Beginning; thence
continuing along said east line and the northerly extension thereof North 01°15'46"East 279.02
feet to a 3/4 inch iron pipe on the southerly right-of-way line of SW Summit Ridge Street
(variable width right-of-way);thence along said southerly right-of-way line South 88°00'47"
East 202.02 feet to a 5/8 inch iron rod inscribed"ALPHA ENG. INC." at the northeast corner of
Document Number 2014-050873;thence along the east line of said Document Number South
01°15'46" West 246.39 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS
ENGR.';thence North 88°45'31" West 76.18 feet to a 5/8 inch iron rod with a yellow plastic cap
inscribed"AKS ENGR.";thence South 0I'l5146 West 29.99 feet to a 5/8 inch iron rod with a
yellow plastic cap inscribed"AKS ENGR.";thence North 88°45'31" West 125.82 feet to the
True Point of Beginning.
The above described tract of land contains 1.23 acres, more or less.
10/08/2014
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY 9, 2047
NICK WHITE
70552LS
RENEWS: 6/30/16
Exhibit 1 50014-36794 Annexation Conned(Janet Zander and Richard Zeider).D0CXV31015