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
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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