92-029577 r M1 Rlt
92029577
. Washington County
CONSENT TO CLOSURE OF SW 72ND AVENUE ACCESS
AND WAIVER OF RIGHT TO REMONSTRATE
VV WHEREAS, the undersigned, SHERMAN R. PAULY, JEANNIE C. LEE,
ROY R. ROGERS and JULIA A. ROGERS ("Owner") warrant that they are
the sole owners of real property in Washington County, Oregon,
within the corporate limits of the City of Tigard, described as
follows:
PARCEL I . Lot 13 , BEVELAND NO. 2 , in the City of
Tigard, County of Washington and State of Oregon,
EXCEPTING THEREFROM that portion conveyed to the State
of Oregon, by and through its Department of
Transportation, Highway Division by deed recorded April
13 , 1982 , as fee number 82009016, and
-TiT CLy TI, Lot. 14 , BEVELAND NO. 2 , Washington
County, Oregon, TOGETHER WITH a portion of that unnauiE:d
50 foot roadway inuring thereto by reason of vacation
in Resolution & Order No. 77-107, and;
WHEREAS, the Owner has applied to Tigard for site
development review approval and a lot line adjustment to allow
construction of a 5, 693 square foot, two-story office building;
NOW, THEREFORE, in consideration of and as a condition of
the City of Tigard granting approval to the above requests, the
undersigned Owner has executed this agreement of consent to
closure of the SW 72nd Avenue access to the above-described
property in the City of Tigard upon the following terms and
conditions:
1. The Owner and his, her or their successors consent (s)
to the closure of the SW 72nd Avenue access to the above-
described property in the City of Tigard, and waive(s) any
statutory time limit on the effectiveness of this agreement.
The City of Tigard is aware of the easement through the SW 72nd
Avenue access dated May 2 , 1989 and recorded in Washington County
Records as Document 89-19893 , from Donald A Vredenburgh and
Eileen A. Vredenburgh to GVNW, Inc./Management and acknowledges
that the easement is not modified or extinguished by this
consent.
2 . This agreement may be recorded and used as evidence to
justify a Director's decision to close the SW 72nd Avenue access,
pursuant to TMC 18 . 108 . 110.
4 . As Owner of the above-described property, the Owner and
his, her or their successors waive (s) any right to remonstrate
against the closure of the SW 72nd Avenue access by the City of
Tigard.
5. This agreement shall run with the land and shall be
recorded in the Deed Records of the County of Washington and all
ROGERS CONSENT AND WAIVER - SW 72ND AVENUE ACCESS
Page 1
1 --3
terms and conditions contained herein shall be binding on all
heirs, executors, administrators, assigns, and other successors-
in-interest to the above-described property. Failure to record
this agreement may result in the City of Tigard withdrawing its
approval of the above mentioned requests by the Owner.
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 . If suit or action 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, as
allowed by the appellate court. �y
IDATED this /3 fl�' day of '4 19 L
a�2
,,,,Qwner - Jeanni . Lee ner - Sherman R. Pa
Owner - oy R. Rogers Own - Julia A. Roge
Mailing Address: to
Tr *.4A �
Telephone No. : (O Lo - L�v 3
STATE OF OREGON )
ss:
Washington County )
This instrument was acknowledged before me on
a
` 3 199a , by
Notary P bl c for Oregon
n.
My commission expires: ) Q - 10i -96
n
F i-' ..
koo'Evs'` CONSENT AND WAIVER - SW 72ND AVENUE ACCESS
Page 2
A
4,
STATE OF EGON )
ss:
Wa ington Cou )
This in rument was cknowledged before me on
19 by _
(SEAL)
Notar ublic for O on
My commission expires.
ACCEPTED BY: APPROVED AS TO FORM:
City Recorder City Attorney
City of Tigard City of Tigard
AFTER RECORDING RETURN TO:
RETURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR , 97223
STATE OF OREGON
County of Washington SS
I,Jerry R.Hanson,Director of Assessment
and Taxation and EW-20M (Recorder of Con-
veyances fors�saidEicounty.,4/iahereby certify
that the witbiV instrument)Z writing was
received andkrecor-ddd�in^'book�?of`eecords of
said county
Jeranson, 'Director of
As sessmentxand:(Taxation, Ex-
Of 'ci.C'o'unty Clerk
0
COU��
mmd\dgard\nonremon.agr
1991 may —I PM 1: 55
ROGERS CONSENT AND WAIVER - SW 72ND AVENUE ACCESS
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