97-013251 ~ 12500 & 12700 SW Bull Mountain Road • STAT OF OREGON
/ SS
CoMof Washington
AFTER RECORDING RERN TO: I, Jerry Ft.,1Iane01'4 Director
of Assess-
ment and Ikxation and Ex-Offitio County
Clerk for said county,do hereby certify that
the within instrument of writing was received
City Hall Records Department and reCOrded in book of records of said
City of Tigard county.
13125 SW Hall Blvd.
fAl Tigard, OR 97223
Jerry R. Haneon, Oirector of
Asestment and Taxation, Ex.
Officio County Clerk
, NO CHANGE IN TAX STATEMENT Doc : 97013251
t/ J\ Rect: 180562 63. 00
02/13/1997 10: 49: 28am
CONSENT TO ANNEXATION
FOR PROVISION OF URBAN SERVICE
11.41412•( M4E/ 1
WHEREAS, the undersigned Rteorr tz. Ame5,4: vItaitio1/4.1. 704asonlwarrant that
they are the sole owners of real property in Washington County, Oregon,
which is located outside the corporate limits of the City of Tigard,
and is described:
IN EXHIBIT "A" , ATTACHED HERETO, AND INCORPORATED BY REFERENCE HEREIN
and have applied for permission to connect to the sewer system owned
and operated by the City of Tigard; and the undersigned understand
that :
1 . This agreement is a binding contract between the City of Tigard
and all persons who presently have an interest in the property or
who acquire an interest in the property in the future .
2 . The City has a right to refuse to extend services beyond its
corporate limits and in consideration of this agreement will
require the undersigned to agree to annexation and to waive the
right to remonstrate and to vote on the annexation.
3 . State law provides that annexation may take place in a number of
different ways . Some methods involve a written consent to annex
and some methods include the right to remonstrate against the
annexation and/or involve the right to vote on the annexation.
Some methods require the City to file a Notice of Intent to Annex
with the Boundary Commission. State law provides that a consent
to annex is valid for a one-year period unless the time limit is
expressly waived.
4 . Failure by any party having an interest in the property affected
by this agreement to adhere to the terms of this agreement
entitles the City to discontinue the service .
Page 1 of 5.
11100.-
A
A SMO
1
)1001,
NOW, THEREFORE, in the event the City of Tigard, in its discretion,
furnishes sewer service to the above described land, then in
consideration and as a condition of such furnishing of sewer service
the undersigned and each of them, for themselves and for their
successors in interest, agree and covenant to the City of Tigard and to
the present and future owners of any property affected by the
furnishing of City sewer service to which this covenant and agreement
relate that:
1. The undersigned agrees to waive the requirement that a Notice of
Intent to annex be filed with the Boundary Commission or any other
prerequisite to annexation set forth in state law at the time of
annexation.
2 . Annexation of this property may take place by any means allowed by
state law at the time of annexation, and this agreement
constitutes an agreement to annexation by any method selected by
the City.
3. In the event the type of annexation used involves a written
consent to annexation, this agreement constitutes a consent to
annexation. It shall be used as a consent for each required
consent if the property owner satisfies the requirements set forth
by law. Further, the agreement constitutes an express waiver of
the one year limitation on the consent form and the undersigned
intends this consent to be valid in perpetuity. For
administrative purposes, the undersigned agrees to sign the
requisite consent forms and the waiver of the one-year period at
the time of executing this agreement.
4 . In the event the type of annexation used involves the right to
remonstrate, this agreement constitutes a waiver of the right to
remonstrate and a remonstrance by anyone having an interest in the
property affected by this agreement shall be void.
5. In the event that the type of annexation used involves a vote,
this agreement constitutes a waiver of the right to vote on the
annexation by a person in possession or ownership of the property
who is qualified to vote on the annexation. Further, those
persons shall be counted as a yes vote on the annexation.
6. Upon extension of the sewer service to the property, the property
will be connected to the City' s sewer service system and will pay
the charges and fees imposed by the City for the connection and
service.
7 . The property owner hereby agrees to pay the City of Tigard Park
Systems Development Charge prior to the issuance of a sewer permit
for any new dwelling unit.
8 . This covenant and agreement shall run with the land, shall be
recorded in the Washington County deed records and shall be
binding on the undersigned and all successors in interest of any
property affected by the furnishing of domestic water to any
property described by this agreement.
Page 2 of 5
• ,
9. Should any portion of this agreement be declared void by a court
of law, the remaining portions of this agreement shall remain in
full force and effect.
Dated / - 5. , 1912
Signat,401kf - i,„,r(s) :
4011r. 4Ir
Signa 4.
Signature
o ,...,, a = .is
Print Name Print Name
/49c.5.-e7 c5e& &t.E6( 14e.41.
e"'"/747/AZIrsoes 9 7 2.2._
r Address
it6 -rt, 14424E-L. 1:T corit 1•40t& Tekilikrr TO "FvtaGe L.
A•S TO %/ IN-retie/sr ) iii F4ezet.5 III a
STATE OF OREGON )
) SS.
COUNTY OF V.,t4-7nC21(1,-)j&-- )
5.-'9.-
Personally appeared before me on the day of
biarq__ , 1947
who ackAbwledgedthat the foregoing was his voluntary act and deed.
,
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ZZ'..,,
) OFFICIAL SEAL ,
licrt DEBORAH R.ORESSEN Notary Public for Oregon
1\k" NOTARY PUBLIC-OREGON My Commission Expires: L.072-/x/C1
lif 1\ COMMISSION NO.035836
MY COMMISSION EXPIRES JUNE 26,1998
i In
Accepted on behalf of the City of Tigard this 10 day of 1--pv),roeil,-1
1991:
44
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Signature
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Title
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Page 3 of 6; 3
Nioe
4410,
Dated ( Nia44- , 1917-
-71,..oLf -caner s) :
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14/Ott/Sent% /frileS S ignattUre_
P 11 .ta Print Name
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Address
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M JvlisgANTIPt tommoK 1O1*(1266.1... AND /44 Tr>
OskiAmt0e0 740 tAlttLeur lbFXrae-ai..5 331 MO
swege-49:1!=cazGew
kiwqb0"iOIe.ivco_Ag•th
ss
Personally appeared before me on the tw'a*J-J-i- ftr3t day of
, 1997, A R114 4 g1/4( Attis
w o acknowledged that the foregoing was his voluntary act and dee&
\ (
Notary Public for Oregon LorIcio,Nlittlect.
V 6, my commission Expires: kza-i,
J. leJr17"!
•-",nd
- behalf of the City of Tigard414
this ICYlitr' rda.y—of*Ara)6ickil
AlsOk 7:xy,„0,-,
s isrnature
10 . faekt
dj/Sam-Sew.Agr
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Dated A- ..b. 3 , 19 q-
Signatures of owner(s) :
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J'Pi.4.-717/1"IA .4)1_ 1_, i________,
Signature Signature
Vi 4- , .-TO Al So V
Print Name
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Address1.._ 1 6_4_,"11.) 1 (:--
dress,y2._ e:7, ... .7..2..2_5‘
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P -reto.Wr la ComMOR —rb 1:74,Qc.a.l.-- I 11.440 P+s "rb A
OAPWit2e0 416 It4Teiter TO 13R-Ge-16 IL AtAt) lZ.
STATE OF OREGON )
) SS.
COUNTY OF ' 0 k )
F; Wlersonally appeared bef.olt.e nle on he c-.> day of
, 1997, k/UPCIIAA-Ii '
who ackriowjledged that the foregoYng was his voluntary act and deed.
_ .
4111, 9111".01(4141111.-
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OFFICIAL SEAL Notary Public for Oregon
. 0-14.1tip*, DEBORAH R.DRESSEN
NOTARY PUBLIC-OREGON My Commission Expires: Le/ /9e)
r.i.i. COMMISSION NO.035836
MY COMMISSION EXPIRES JUNE 26,1998
I(-)'"P'i
Accepted on behalf of the City of Tigard this tu. day of FE401QCvJkdi
1997.
-ivi•-tr) Al -)/(-- -`ti / -1•7Chstki
Signature
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- Title
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LEGAL DESCRIPTION
PARCEL I:
Beginning on the quarter section corner between Sections 9 and 10, Township 2 South of
Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon,
running thence North along Section line 788.7 feet to a stone in the center of the County
Road; thence South 86°04' West 567 feet following the said center line of said County Road
to a point; thence South 751'1 feet to the quarter section line of said Section 9; thence
North 89°50' East 565.7 feet to the point of beginning.
EXCEPT that portion thereof conveyed by Lillie I. Jones to Arthur G. Ames and Elsie W.
Ames, husband and wife, by Deed dated August 18, 1969, recorded August 22, 1969 in Book
754, Page 563, Deed Records.
PARCEL II:
Beginning at an iron rod on the East line of Section 9, Township 2 South, Range 1 West, of
the Willamette Meridian, in the County of Washington and State of Oregon, which bears
North 248.73 feet from the quarter section corner on said East line; thence South 87"0'
West 150'0 feet to an iron rod; thence North 300'0 feet to an iron rod; thence North 87°0'
East 99.93 feet to an iron rod which bears South 87°0' West 50.07 feet from the said East
line of Section 9; thence North parallel with said East line 335'23 feet to a point in the
center of SW Bull Mountain Road, from which an iron rod bears South 30.04 feet; thence
North 86"20' East in the center of said road 50'11 feet to a point on said East line of
Section 9, from which an iron rod bears South 20'04 feet; thence South 535'81 feet to the
place of beginning.
PARCEL III:
The East one half of the Northeast one fourth of the Southeast one fourth of Section 9,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington
and State of Oregon.
EXCEPT that portion Deeded to Samuel A. Gotter, III and Victoria L. Gotter, husband and
wife by Bargain and Sale Deed, recorded May 9, 1978, as Recorder's Fee No. 7821095'
PARCEL IV:
Beginning at the Northeast corner of the Southeast quarter of the Southeast quarter of
Section 9, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon; thence South 89"06' West along the North line thereof,
60,0 feet; thence South 0°29' West, parallel with the East line of said Southeast quarter
of the Southeast quarter, a distance of 220'30 feet to the Northwesterly right of line of
County Road No. &-l48, Beef-Bend Road; thence North 42"23'30" East along said right of way
line, 87.50 feet to said East line; thence North 0"29' East 156'60 feet to the place of
beginning.
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"This plat is for your aid in • s awe aa'w .....
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locating your land with refenwyce
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to streets and other parcels. 3-11.w 6 51.8.
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While this plat is believed to '''' '
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be correct,the company asstitnee\+', N
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no liability for any loss occuring
by reason of reliance thereon." . 1°61 4,,,, A4, ,`--
No. 251 /
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CHICAGO TITLE INSURANCE COMM*
IC001&E.&UNNYSIDE ROAD
Cir
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CtACIIMAAS,OREGON 91,0111 .