93-079726 ~ Ash Avenue 93079726
After Recording Return Copy of Recorded Document to:
City Recorded-City of Tigard Washington County
V 13125 SW Hall Blvd. -Tigard,OR 97223
CORPORATION File No.
WAIVER (NON-REMONSTRANCE AGREEMENT)
STREET IMPROVEMENTS
The undersigned owner (including purchaser(s)) of the real property described below does hereby record
its consent to the formation of a local improvement district by the City of Tigard for the purposes of
improving SW Ash Avenue upon which the described property abuts. The undersigned expressly waives
all present and future rights to oppose or remonstrate against the formation of a local improvement district
for the improvement of Ash Avenue, reserving only the right to contest the inclusion of particular cost
items in the improvement district proceeding, reserving the fight to remonstrate against the formation of a
local improvement district to the extent it would assess the described property for the costs of constructing
a bridge over Fanno Creek, and reserving any right it may have under the laws of the State of Oregon to
contest the proposed assessment formula. The term "bridge" shall mean a structure, including foundations
and abutments, but shall not be construed to include the roadway approaches to the structure.
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 2nd of SeDtember iQ 93
Fanno Creek Associates, an OR general
partnership. By: Gramor Development Barry A. Cain
Print Name of Corporation Northwest, Inc. S 1`gMu�re
general partner
9895 SE Sunnyside Road, Suite P Vice President
Addim, 'Fide
Clackamas, Oregon 97015
Signature
Title
STATE OF OREGON
) ss.
County of Washington )
This instrument was acknowledged before meon 1443 (date) by
— BarrN coin (name(s)of person(s))as
— Vice pi-ct type of authority,e.g. officer, trustee,etc.)
of Grurnor be—ye loprycnk- k-A VJ -ThC (name of party on behalf of whom instrument was executed).
No�q's Signature
lily My Commission Expires;
Accepted on behalf of the City of Tigard this 2 of �W4e*4el' . 19 '7
City Engineer
NO CHANGE IN TAX STATEMENT
1 _3
SCALE 1' 200'
k STREET DEDICATION ¢
X8.09 TO CITY OF TIGARO
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\ / POINT OF BEGINNING
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CURVE TABLE
NUMBER DELTA RADIUS ARC CHORD BEARING •-
1 f
Cl 38'50`39' 180.29 122.23 119.90 S.67 59'50'W LOT 9 UR/-/�r OT 9 BUR CORNER
NHAM TRACT
C2 06'35'45' 1870.00 215.27 215.15 S.54'47'50'W i / // POINT OF COMMENCEMENT
L4V"O
surveyors
DRAWING TO ACCOMPANY EXHIBIT 'A' engineers
LEGAL DESCRIPTION otA planners
VILLAGE AT FANNO CREEK PARK PARCEL I n c o r p o r o t • d
JUNE 20, 1993 17355 S.W. BOONES FERRY ROAD
LAKE OSWEGO, OREGON 97035
(503)635-3618 FAX (503)635-5395
EXHIBIT "A"
LEGAL DESCRIPTION
"VILLAGE AT FANNO CREEK PARK" PARCEL
July 20, 1993
A parcel of land in the northeast one-quarter of Section 2, T.2S., RAW., W.M., City of Tigard,
Washington County, Oregon; said parcel being more particularly described as follows:
Commencing at the southerly corner of Tract 9 of the plat of"Burnham Tract", a duly recorded plat
in said Washington County, said southerly corner being a point on the centerline of S.W. Ash Street;
thence N.43°19'05"W. along the westerly line of said Tract 9, 20.04 feet to a point on the northerly
right-of-way of said S.W. Ash Street and the Point of Beginning of the herein described parcel;
thence N.43000'20"E. along said proposed northerly right-of-way, 747.32 feet to a point on the
easterly line of said Tract 9; thence N.44°46'37"W. along said easterly line of Tract 9, 319.46 feet to
the northerly corner of said Tract 9 and a point on the southerly line Tract 3 of said plat of
"Burnham Tract"; thence N.46°06'57"E. along said southerly line of said Tract 3, 3.00 feet; thence
leaving said southerly line of Tract 3, N.41°19'02"W., 232.07 feet; thence N.04029'26"W., 62.06 feet;
thence N.44°25'04"W., 440.02 feet to a point on the southerly right-of-way of S.W. Main Street;
thence tracing said southerly right-of-way the following courses and distances, S.58°05'42"W., 443.40
feet; thence along the arc of a 1870.00 foot radius curve left through a central angle of 06°35'45",
215.27 feet (chord bears S.54°47'50"W., 215.15 feet); thence leaving said southerly right-of-way,
S.44°10'00"E., 821.63 feet to a point on the northerly line of said Tract 9; thence S.49°13'57"W. along
said northerly line of said Tract 9; 143.90 feet to the westerly corner of said Tract 9; thence
S.43019'05"E. along the westerly line of said Tract 9, 390.50 feet to the Point of Beginning.
Contains 753,624 square feet (17.301 acres), more or less.
STATE OF OREGON
SS
County of Washington
1,Jerry R.Hanson,director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records of
said county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc : 93079726
Rect: 106855 23. 00
09/28/1.993 04: 18: 31PM
42751PARCEL.LGL 1
793.20