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95-060806 ~ 14115 SW Fern Street STATE OF OREGON l *0 nom,; County of Washington-r_ata. . SS AFTER RECORDING RETURN TO: I, Jerry Rr. a Director of Assess- ment and-Taxation_end,E c Officio County Clerk for ssrd county,ticOereby certify that the withiiyinstrumentotwriting was received City of Tigard and recorded fn sole;rE records:of said City Recorder countyx , s . -r ; 3 `� 13125 SW Hall Blvd. Tigard, OR 97223 - 'y:• ' Jerry R-fi-(anso , Director of -ssnieht�'axation,E.x- • -.1•.¢ Uhl P Clerk NO CHANGE IN TAX STATEMENT Doc : 95060806 Rect: 149834 28. 00 08/29/1995 02: 03: 23PM CONSENT TO ANNEXATION FOR PROVISION OF URBAN SERVICE WHEREAS, the undersigned t,,-- ,- `,,... ' /..z.---,6. warrant 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 describe Lo-6 /0 #4cn y� 4e-rc IN .....IIDI-E '1.s= 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 3 4tiov 44000 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 3 Sole ` 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 %,t4' . U , 19/) Signatures of owner(s) : --- Signature Signature N O/!re5" Q /3 c /t/ /V Print Name Print Name %l-///.> 5-1-V `✓rz-r" Address Address STATE OF OREGON ) -- SS. -0 _ "/y-=/�c, 2. COUNTY OF Ct1:S ti i tt G4C'-'- ) Personally appeared before me on the a5' °I day of • AuSctS , 1995, 44.17- ,.ac "b. /2 Aa v4. who acknowledged that the foregoing was his voluntary act and deed. 1 i!',�. OFFICIAL SEAL eir . ,,,,,, _, L...._ 1 k,....... = GLORIA E.M£NDY r �S� NOTARY PUBLIC-OREGON i Notary Public for Oregon f4:ti COMMISSION NO.028460 I My Commission Expires: /0/d3/957- 2 MY COMMISSION EXPIRES OCT.03,1997 Accepted on behalf of the City of Tigard this 2fii day of kc- Jr 1995 . i r ://";1(.-6 41-Y3Ar '"(1:4!')\17 Signature (26,AAvtkA.AA,/Li �. l/t/(0erL44'L l) tole t�t v Title dj/San-Sew.Agr Page 3 of 3 SW I/4 WI/4 SECTION 4 TV'S R I W W.M. WASHINGTON COUNTY OREGON SCALE 1"= 100' SEE MAP 2S I 4B 1/2:82.4>,zwJm�mm/7/hvamAzw.,7mi�7,7,4,4s•N/1ni/J�yTi�ir, h97nl�/7i�n!$vilNirlmmn..- .wii.�.».z..., iiiiiiii ..w.777 >.4,.v 4W ./u�l ��i ,S2'i�i4�lni00507�dl/7,97,,i1 , 170.01' 170.01' 170.01' I 1' 170.01' S 890 30 w 800 700 6 0 300 2/.3 AC /.65 AC. .45 C. .49 AC. 170.01' 400 Nai .58 AC y tD P. M on 9 II F119.98 12 Q 500 .47 AC. 130 H A 1\J ai ai — 0 T.co 47, m (C.S. 13165 ) 17 0 95.90. I9. 206 Q'51- d 172.90 \ 76.e' - 1900 1 2 00 90 I .4E .GC. _ 1.00 AC. 0�6� 1. \QM.• r-55'{-.- f50' f50'� NC a' W!Ici! n -0- 02."0 1. 41 m n 65.70' 106'4'' N 1600 I o 5-g O .94 AC. I n 66.70' r i0`9` 1500 5I -84 70 1400 .93 A ��s 2.50 AC. n� 1800 /.00 AC. 138 42' /- 144 1---...10 n5 20' 171 40 ca 1700 1zz.az' Jerry R. Hanson, Ex Officio Washington County Clerk 155 N 1St Avenue Suite 130 Hillsboro, Or 97124 PHONE 648-8751 Receipt # : 149834 Bohan, Thomas D 08/29/1995 Documents #. . Rec. . . . Survey Vac. . Transfer. A&T Fnd NonStd L/S. . Total 95060806 20. 00 8. 00 28. 00 28. 00 Grand Total Paid 28. 00 1Aso- 774 jj'µ a CITY OF TIGARD OREGON August 29, 1995 Lee Walker Unified Sewerage Agency 155 North First Street Hillsboro, OR 97124 Dear Lee : This letter is to notify the agency of the City of Tigard' s approval for extension of sanitary sewer service to Washington County Tax Map 2S1 4BC, lot 600 . According to the intergovernmental agreement between the agency and the city, effective June 25, 1990, the agency will not extend sewer service to areas outside the city except with prior approval of the city where such areas are included in the Urban Planning Area Agreement between the city and Washington County. The property owner, Thomas Bohan, has signed a Consent to Annexation agreement with the city. Due to this action and the fact that his property meets the criteria in the intergovernmental agreement, the City of Tigard hereby gives its approval to extend sewer service to Bohan' s property, located at 14115 SW Fern Street. If you have any questions, please call Ray Valone at 639-4171 . Sincerely, A,14-•-)A1mes N.P. Hendryx Director Community Development 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 1Ill0l�l\ CITY OF TIGARD OREGON November 14, 1995 Lee Walker Unified Sewerage Agency 155 North First Street Hillsboro, OR 97124 Dear Lee : This letter is to notify the agency of the City of Tigard' s cancellation of the approval for extension of sanitary sewer service to Washington County Tax Map 2S1 4BC, lot 600 . Pursuant to the intergovernmental agreement between the city and USA, I wrote you on August 29, 1995, giving the city' s approval for USA to extend sewer service to the property of Thomas Bohan. Mr. Bohan has subsequently decided not to go ahead with sewer extension and has rescinded his written agreement with the city to obtain it . I am informing you of this decision and hereby request that sewer service not be granted to the property located at 14115 SW Fern Street . If you have any questions, please call Ray Valone at 639-4171 . Sincerely, James N. P. Hendryx Director Community Development 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 `�wrr //////4‘ CITY OF TIGARD OREGON December 14, 1995 Thomas Bohan 14115 SW Fern Street Tigard, OR 97223 Dear Mr. Bohan: We have received from Washington County the original document you signed for consent to annexation in order to receive sewer service. The County recorded the original contract and forwarded it to the city. I am sending you this original and confirming that the city has rescinded the agreement . We are keeping a copy of the agreement and this letter for our records . Please consider the agreement cancelled in accordance with this letter. We are sorry for any inconvenience caused by this process . We look forward to serving you in the future if you choose to join the city. Sincerely, James N.P. Hendryx / Director Community Development 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772