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90-32049 ~ ' Q Ik 16 F .Illy V^ CONSENT TO ANNEX TO THE CITY OF TIGARD AND WAIVER OF RIGHT TO REMONSTRATE O v cV c WHEREAS, the undersigned, M ("Owner") O .c warrants that ( (they) (are) the sole owner(s) of real O 3 property in Washington County, Oregon, outside the corporate limits of the City of Tigard (but within the City's urban planning area) , described as follows: i-c N i 5`mac; i i 2S , t,t OA 3 , W.rope w i%S to s r��-�c�,v c_c.� ^;.z �-{ , C)K and; WHEREAS, the Owner has applied to Tigard for permission to connect the improvement on said property to the sewer system owned and operated by the Unified Sewerage Agency of Washington County; NOW, THEREFORE, in consideration of the City of Tigard granting permission to connect to the USA sewer system, the undersigned Owner has executed this agreement of consent for annexation of the above-described property to the City of Tigard pursuant to the provisions of ORS Chapters 222 and 199 upon the following terms and conditions: 1. The Owner and his, her or their successors consent(s) to the annexation of the above-described property to the City of Tigard, and waive(s) any statutory time limit on the effectiveness of this agreement. 2. This agreement may be recorded and accepted by the City of Tigard as a petition by the Owner and his, her or their successors requesting annexation to the City of Tigard. 3. As Owner of the above-described property, the Owner and his, her or their successors waive(s) any right to remonstrate against the annexation of the property into 1--he C Ly of iiyurd. 4. This agreement shall run with the land and shall be recorded in the Deed Records of the County of Washington 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. Failure to record this agreement may result in the City of Tigard withdrawing its consent to connect to the USA sewer system. 5. 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. RETURN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD P 0 BOX 23397 1 TIGARD OR 97223 owr+� • 6. 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. DATED this day of /%Y' (�%� , 19 Ow r Owne Mailing Address:_ Z�: 1S S v' . GAk1 -, -ILC•�>�c�+per Telephone No. : ��QP -- 1 b L L� STATE OF OREGON ) ss: Washington County ) The foregoing instrument was acknowle ged before m this 19 /l f G7' ota Public Ore on My commission expires: !1,�ilaete IIIUtttta�\i A CEPTED BY: APPROVED AS TOORk: �^ City Recorder City Attorney City of Tigard City of Tigard AFTER RECORDING RETURN TO: STATE OF OREGON SS County of Washington 1,Donald W.Mason,Director of Assessment and Taxation and Ey- Recorder Recorder of Con- (/. veyances for sats Cou �iq;h�teby certify that the within inafrurriOht o 'We tligg `was received and recordod in.book of rer:ords Of sa county. 16.6nai W! M4tin,. Pitector of Assess nehf-4M f cat on, Ex- V! x- Qourlty Clerk amd\tigard\annexcon.frm Doc 90032049 '' �! Rect: 35122 18. 00 •+�•• 06/20/1990 01: 45: 03PM