2005-101142 W Ington County,Oregon 2005.101142
-0 2005 10:13:27 AM
J Creel Stn■10 K BARNETT
After recording return to: $50.00$6.00$11.00-Total a$67.00
L City Hall Records Department
1 \ City of Tigard
13125 SW Hall Boulevard . 11111 II I III 1111111111 ll III ill III
Tigard, Oregon 97223 00820678200501011420100105
I,Jerry Hanson,Director of A merit and Taxation ,. .'
CuP nOO� �e�/� and Ex-Officio County Clerk for Washington County, „.,,i.
City File No. c Oregon.do hereby certify that the within Instrument of i
writing was received and recorded In the book of J:. , 'r�js�
records of said county. y0r ,/
Jerry R.Hanson,Director mint and Taxation,• 1.Z ;,yam
Ex•OMcio County Clerk
RE-RECORDED TO MAKE
AMENDMENTS
TO CONTRACT PREVIOUSLY
RECORDED
AS DOCUMENT NUMBER 2005-77302
ANNEXATION CONTRACT
(WAIVER OF TIME PERIOD)
f
1. Tigard-Tualatin School District 23J ("Owner") is the owner of the real property (the
"Property") located at 14850 SW 132nd Terrace, Tigard and more particularly
described as: Alberta Rider Elementary School Site - See Attached "Exhibit A"
(Legal Description)
•
2. By written agreement of even date, Owner is entering into a written annexation contract and
consent to annexation with the City of Tigard, a copy of which is attached hereto as Exhibit 1.
3. Pursuant to ORS 223.173(1), Owner hereby waives the one year period for effectiveness of the
annexation contract and consent to annexation, and agrees that the consent to annexation may
be used at any time by the City of Tigard in conjunction with any and all other consents that the
City has received or will receive.
4. This waiver is a material inducement to the City to enter into the Annexation Contract and
Consent to Annexation.
5. This contract shall run with the land and 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
pursuant to ORS 222.115. Failure to record this contract may result in the City of Tigard
withdrawing its consent to connect to or use the City's public facilities or the provision of City
services.
6. 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.
7. This agreement is not ir,, nded as any limit on the City of Tigard's lawful authority under its
adopted regulations to take action on Owner's application by approval, denial, on approval with
conditions, or to take any other lawful action relating to the application.
DATED this 1 j roiday of Al Al , 20 0 .
e
ilt>14/1 N/A
Owner Ste Owner 1
e
D' ecto of s
) i N/A
Own Jer Pratton Owner
Superintendent
Mailing Address:
Telephone No.:
STATE OF OREGON )
) ss.
Washington County )
The foregoing instrument was acknowledged before me on MO-41 12 , 20 0S , by
5 106K i9643 e &it et .
41 P: OFFICIAL SEAL
CYNTHIA I HALL
•'*' " NOTARY PUBLIC-OR7GON J
�
� ':;� COMMISSION NO.347037
L _MY COMMISSION a i•, S SEPTEMBER 18,2005 lielge
Notary blic for Oregon
My commission expires: .S�f- /cr 206.5
-..t.d./ . :::).-4.--0-7-1.,e----___ ,7,,,),:-.. ...r.,= =.....,.. ,,,..,,
City Manag , City of Tigard OFFICIAL SEAL
J J BENGTSON
I 'w?" NOTARY PUBUC•OREGON
STATE OF OREGON ) I COMMISSION EXPIRES 086
1 MY COMMISSION EXPIRES APR.27,2007
) ss. ���
Washington County ) r
The foregoing instrument was acknowledged before me on�1 01J E 'c7 , 20 O5, by
C,I i - ?i - L iZ .
No Public f regon
My commission expires✓� � �7� 0
II1I IIIIIIIIIIIIII III III
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/4 r.
e 2005-101142
•
>i-•, EXHIBIT "A"
- jv,
a;,, Westlake
PLANNING I ENGZNERRXNG I SURVEYINr,
consultants inc
4.4 g
i 14:
^� Adjusted TL 2S 1 09AC-2100
: .LL
744-• Tigard-Tualatin School District
#:. •. Project No. 1384-05
:1
October 29, 2004
• PROPERTY DESCRIPTION
: A tract of land situated in the Northeast Quarter of Section 9,Township 2 South, Range 1
1*"," • West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being a
:,••:.:-:._ portion of that property conveyed to Tigard-Tualatin School District 23J by Document No's. i
I`• 96-098725, 96-098726 and all of Document No. 97-048724, Washington County Deed
1 ''`e'I Records, and being more particularly described as follows:
-..!•., , Beginning at the southwest corner of said property conveyed by Document No's. 96-
:•,i-: rti 098725 & 96-098726, also being the southeast corner of said tract conveyed by Document
•:,:.:' No. 97-048724;thence along the south, west and northerly lines of said Document No. 97-
1 .'i • 048724, the following four courses: North 88°50'25" West, 403.18 feet to the southwest
corner thereof; North 01°14'56" East, 905.09 feet to the southerly right-of-way line of S.W.
-1 " Bull Mountain Road (Co. Rd. 147-1/2); along said right-of-way line, South 59°20'02" East,
+, 432.85 feet to an angle point therein; and continuing along said right-of-way line, North
88°03'00" East, 26.17 feet to the east line thereof, also being west line of said property
fi'' conveyed by Document No's. 96-098725 & 96-098726; thence continuing along said right-
.
,. of-way line, North 88°03'00" East, 132.15 feet to the west line of that tract of land conveyed
by Document No 2004087516, Washington County Deed Records; thence along said west
>,•, _ line, South 01°56'05" West,426.16 feet to the southwest corner thereof; thence along the
i•i south line of last said tract, South 88°56'55" East, 212.80 feet to the west line of that tract of
land conveyed by Document No. 2004015124, Washington County Deed Records; thence
j
along South " 10.00 feet to a line lying parallel with and
alon last said west line, outh 01 59 22 West,
:.1 10-foot south of said tract conveyed by Document No. 2004087616; thence along said
parallel line North 88°56'55"West, 122.50 feet; thence, parallel with said west line of that
'' ;r= tract of land conveyed by Document No. 2004015124, South 01°59'22" West, 264.57 feet to
.' the south line of said Tigard-Tualatin School District 23J property;thence along the last said
south line North 88°50'25" West, 213.58 feet to the point of beginning.
The area contained within said tract being 9.97 acres, more or less.
Bearings are based upon S.N. 29,588, MiIMI1 NtD
a Washington County Surveyor Records. 1 VIM)!�t
•
...o.,,
ORt • •
°., d I.Y moo
:I.#` ` GARY A D'EP1SON
',:i.'
H:WOMIN1138405.041Alberte Hider School\5urvey\LD138405-adjTL2100.doe
•
%zii1 /as
• Pacific Corporate Center 15115 sw sequoia' parkway,
suite 150, tigard, Oregon 91224
www.westlakeconsultants.com • I PH 503.684.0652 I Fx 503.624.0157
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lIIIl I I I II I II I I II I II III III We-hington County,Oregon
2005-101142
005 10:34:08 AM 2005-077302
2 5 • onto Stn•10 K BARNETT
f_ After recording return to: $25.0$6.00$11.00$20.00•Total_$62.00
1V City Hall Records Department 11111 II I II 1111111014m
% City of Tigard
C 13125 SW Hall Boulevard
Tigard, Oregon 97223 00793663200500773020050058
7/1) I,Jerry Hanson,Director of Asasumsnt and Taxation
! and Ex-Officio County Clerk for Washington County,
City File No.LilA OQ3 610Ql°2- Oregon,do hereby certify that the within Instrument of '
writing was received and recorded n the book of
records of said county 04r '" ,
�1'•`,Ens:':.�
Jerry R.Hanson,Director merit and Taxation, CO.
Ex-Officlo County Clerk
Exhibit 1
ANNEXATION CONTRACT
(CONSENT TO ANNEXATION AND WAIVER OF REMONSTRANCE)
I Tigard-Tualatin School District 23J ("Owner") is the owner of the real property (the
"Property") located at 14850 SW 132nd Terrace. Tigard and more particularly
described as: Alberta Rider Elementary School Site - See Attached "Exhibit A"
(Legal Description) _ Exhibit A attached
2. Owner has applied to the City of Tigard for a land use approval (or other approval) for the
Property, which is located outside the City limits of the City of Tigard. The City of Tigard agrees
to process the application (provide water services) for the Property.
3. In exchange for the City's provision of the services described in Section 2, Owner consents to
annexation of the Property to the City of Tigard. Owner understands that this consent to
annexation is irrevocable and may be used by the City at any time.
4. Owner understands that Owner may request information on the City of Tigard's ad valorem tax
and a description of services the City generally provides its residents.
5. Owner waives any right to remonstrate against annexation of the Property to the City of Tigard.
6. This agreement, consent and waiver is binding on Owner and Owner's successors, heirs and
assigns. This agreement shall run with the land and be recorded in the Deed Records of
Washington County. Failure to record this contract may result in the City of Tigard withdrawing its
consent to connect to or use the City's public facilities or the provision of City services.
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 provision shall be
deemed separate and independent of the document and such holding or preemption shall not
affect the validity of the remaining provisions.
Page 1 of 2
III II ,IIIIIIIIIIiiIII 1111111 IIIIIIIIIIIIIIIIIIIII
2005-101142
. 8.. This agreement is not intended as any limit on the City of Tigard's lawful authority under its
adopted regulations to take action on Owner's application by approval, denial, on approval with
conditions, or to take any other lawful action relating to the application.
9. If suit, action, judicial review, arbitration, bankruptcy proceeding or any other type of proceeding is
instituted to enforce or interpret this agreement, 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 /7`?*day of , 20 es---
.
N/A
Owner S tephen o ge (901 Owner
Director of Capital Projects
N/A
Owner Jer Pratton Owner
erint �3det/
Mailing Address: -!/rr�
Telephone No.:
STATE OF OREGON )
) ss.
Washington County )
The foregoing instrument was acknowledged before me on YYlay 1 2 , 20 05 , by
51-121,*), Panic)e- f Tev Pratfall J .
..;-., OFFICIAL SEAL
�,.�_,,r CYNTHIA I HALL
� � NOTARY PUBLIC-ORE..': I
;1 COMMISSION NO.3
J MY COMMISSION EXPIRES SEPTEME-,. , J Ale
Nota ublic for Oregon
My commission expires: .S,f /cp, 24 OS
,
City Manal�er, City of Tigard ) OFFICIAL SEAL
UU �J �'r~�*' J BENGTSON
Y Kjl^.
NOTARY PUBLIC-OREGON )
STATE OF OREGON ) 1 '�%`.�® COMMISSION No.368086
) SS. g MY COMMISSION EXPIRES APR.27,2007
Washington County )
The foregoing instrument was acknowledged before me on SUM.4- ,30 , 20 CT, by
tRAIfPROS%EP-- - .
Notary Public' r Oregon
My commission expires: . ?7 017V 7
t
Page 2 of 2
lIII IIIIIIIIIIII III I X24-0157 WESTLAKE CONSULTANTS I
2005-,01142 zoc -02
'or EXHIBIT "A"
Ullestl a ke
PLANNING 1 ENGINEERING I SURVEYING
consultants,inc
•'
Adjusted IL 2S 1 09AC-2100
Tigard-Tualatin School District
Project No 1384-05
October 29, 2004
PROPERTY DESCRIPTION
A tract of land situated in the Northeast Quarter of Section 9,Township 2 South, Range 1
• • West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being a
portion of that property conveyed to Tigard-Tualatin School District 23J by Document No's.
96-098725, 96-098726 and all of Document No. 97-048724, Washington County Deed
Records, and being more particularly described as follows:
Beginning at the southwest corner of said property conveyed by Document No's. 96-
098725 & 96-098726, also being the southeast corner of said tract conveyed by Document
• ! No. 97-048724;thence along the south, west and northerly lines of said Document No. 97-
'r;.` 048724, the following four courses: North 88°50'25" West, 403.18 feet to the southwest
corner thereof; North 01°14'56" East, 905.09 feet to the southerly right-of-way line of S.W.
Bull Mountain Road (Co. Rd. 147-1/2); along said right-of-way line, South 59°20'02" East,
432.85 feet to an angle point therein; and continuing along said right-of-way line, North
88°03'00" East, 26.17 feet to the east line thereof, also being west line of said property
conveyed by Document No's. 96-098725 & 96-098726; thence continuing along said right-
of-way line, North 88°03'00" East, 132.15 feet to the west line of that tract of land conveyed
•
by Document No. 2004087516, Washington County Deed Records; thence along said west
line, South 01°56'05"West, 426.18 feet to the southwest corner thereof; thence along the
south line of last said tract, South 88°56'55" East, 212.80 feet to the west line of that tract of
land conveyed by Document No. 2004015124, Washington County Deed Records; thence
along last said west line, South 01°59'22" West, 10.00 feet to a line lying parallel with and
10-foot south of said tract conveyed by Document No. 2004087516;thence along said
parallel line North 88°56'55"West, 122.50 feet; thence, parallel with said west line of that
tract of land conveyed by Document No. 2004015124, South 01°59'22" West, 264.57 feet to
the south line of said Tigard-Tualatin School District 23J property; thence along the last said
south line North 88°50'25" West, 213.58 feet to the point of beginning.
The area contained within said tract being 9.97 acres, more or less.
• Bearings are based upon S.N. 29,588, N1/#I' IED
IR�'
Washington County Surveyor Records. Ail1�
■
A • DiR
Mai
0 R Z •
GARY R.AND IWO
HAADMIN1138405.O41Alberta Hider School\Survay1L0138405-adjTl21 oo.doc net
►Z131 /of
Pacific Corporate Center 15115 sw sequoia parkway,
suite 150, tigarrl, Oregon 97224
www.westlakeconsuitants.com • I PM 503.684.0052 i ❑x 503.624.0157
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