79-034391 ~ Bonita Road RECEIVED ;
� 9fl' 4391
QCT
S 20--77
CITY OF TIGARi ZC 30-77
DR 22-79
-SDR 27-79
NON-REMONSTRANCE AGREEMENT
THIS AGREEMENT, dated this L2_ day of ,
1979, between the City of Tigard, herei.- na ter called "City�',
and Waverly Construction Company, and Arista Estates , Inc . ,
hereinafter called "Developers", Oregon Corporations :
IN CONSIDERATION of the City's approval of Developers '
plan to develop a subdivision known as WAVERLY MEADOWS , located
in Section 12, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, State of Oregon, IT IS HEREBY
AGREED that Developers shall:
1. waive, for themselves and all future transferees
of interest in the above-designated real property, any and all
remonstrances or objections to formation of any local improve-
ment district for the improvement of S .W. Bonita Road, which
runs along the south boundary of the- subdivision;
2. in the event of formation of any local improvement
district for S.W. Bonita Road, Developers agree for themselves
and all future transferees of interest in the real property
described above to share the prorata cost of any development
among all lots to be created in the subdivision;
3 . record this Agreement in the Deed Records of
Washington County, it being the intent of the parties that
this non-remonstrance agreement run with the land and bind
all future transferees of interest in the real property in
said subdivision.
IN WITNESS WHEREOF, the Developers acting by and
through their undersigned officers have caused this Agreement
to be executed, and the City acting pursuant to resolution of
its Council adopted at a m eting duly and regularly held on
the 13 day of u-alO , 1979, has caused this Agreement
to be executed by its Mayor and Recorder.
WAVERLY CLQ S RUCTION CO. , INC. CITY ,$f-,
Kenneth WaymirPresident MA
ARIST ES TE INC, e By:
By: RECORDER
Me in Waymir , President
l
*owl IVA0,
STATE OF OREGON
ss
County of
On this ay of 1 1979,
before me appeared KENNETH WAYMIRE, who being duly sworn,
did say that the said KENNETH WAYMIRE is the President of
WAVERLY CONSTRUCTION CO. , INC. , the within named corporation,
and that the seal affixed to said instrument is the
corporate seal of said Corporation, and that the said
instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors and
KENNETH WAYMIRE acknowledged said instrument to be the free
act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year last above
written.
Notar"ublic for Oregon
(NOTARIAL SEAL) My commission expires :
STATE OF OREGON
ss
County of
On this day of 19792 before
me appeared MELVIN WAYMIRE, who being dulsworn, did say that
2 - NON-REMONSTRANCE AGREEMENT
C�'
'VOW
the said MELVIN WAYMIRE is the President of ARISTA ESTATES,
INC. , the within named corporation, and that the seal affixed
to said instrument is the corporate seal of said Corporation,
and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors and
MELVIN WAYMIRE acknowledged said instrument to be the free act
and deed of said Corporation.
IN TESTIMONY WHEREOF,, I have hereunto set my hand
and affixed my official seal the day and year last above
written.
NotanT'Ublic for Oregon
(NOTARIAL SEAL) My commission expires : l'u'Lu
STATE OF OREGON
ss
County of
On this_AA day of 1979, before
me appeared and
j
both to me personally known who, being duly sworn, did say that
he, the said A�Cfq LL) is the Mayor, and she,
the said is the Recorder of the CITY
OF TIGARD,, a municipal corporation and the said
N% el 1115, 04'_,A_ acknowledged the
IC-Le-ISAV, and
same instrument to be the free act and deed of said municipal
3 - NON-REMONSTRANCE AGREEMENT
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, this the day and year in this my
certificate first written.
Notary PUblic for Oregon
(NOTARIAL SEAL) My commission expires : //-ae,,-„V/
STATE OF OREGON j SS jjdll)
County of Washington !}
1, Roger Thomssen, Director of Records
and Elections 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.
ROGER THE?MSSEN, Director of
Records & Elections
CITY 4F TIGARD
P.O. Box 23397
12420 S.W. Main,Tigard, Oregon 97223
4 - NON-REMONSTRANCE AGREEMENT