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95-044700 ~ 14205 SW High Tor Drive eltaS, S F—EOFORE7 - %we AFTER RECORDING RETURN TO: otioW.ty of Washington I, Jerry pl.14mpi ansgpt,Dir of Assess- ment and,Taxation and Ex-Officio County Clerk fdr\liajd:tod do etiy*rtify that City of Tigard the withi%lnst 0 was received and recerdidjk ee. l'0,1V.O.orda of said City Recorder county:, 13125 SW Hall Blvd. Tigard, OR 97223 2 44* 404Ty.14. fiail§61;*.fti rector of sarneit andirra,xation, Ex- • Clerk NO CHANGE IN TAX STATEMENT Doe : 95044700 Rect.: 146324 23. 00 06/29/1995 11: 27: 40AM CONSENT TO ANNEXATION FOR PROVISION OF URBAN SERVICE C( WHEREAS, the undersigned - ek_Yry 6efedx&vcawarrant 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: Lot- c iyiei 4 /ay., /Jr 4,.„,€ („J IN-sTivIsrr-wk"; 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 3 -3 01•1", '1.14\ 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 . , 1,4Me '4411114i 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 Lc -,) e) , 199S S ' natures of owner(s) : ,—......„ b_ . V .e.,4,id\--ZIA-A-1 Sig 11-1--re •S ignature, D6cr./1 1. --- k - A. 6k4l'Alf-vt,i- Get Print NameN Prin t ame 0-1 a C 6 .s ,-.u tirio\ rc,r- 012_ I 4 a C ,..) sw , ,,k,_ (o 0 c Address ci — , Address `--) _ cr -2,-> j-i 1 I ?5(h-r-11,-, i C (2-- cr),9-4 \_I STATE OF OREGON ) ) SS. COUNTY OF (-41415111.eijrbfrl ) 626 sei , Personally appeared before me on the day of (.._luine , 1995, —77 P1->gti-r1/4-il -.1-. i5e,-,ha ccir aid Chr,5-64 p Al,i,e,-,Via, who acknowledged that the foregoing was his voluntary act and deed. 1,7...- ' -.7....-N. ".......".--N.,o....-...-^,...-N--,..."....7 s.-^,..--•<•„"<;) _Ni4._A itd:r 0 C_. •' )Yo-4--) aDARtlil GCLOV IN_CLOOTEN . I e• .4-, Z C. e), ) ) Notary Public for Oregon k•,„,- NOTARY PUBLIC-OREGON (? COMMISSION O. 028520 ,), My Commission Expires: /e)-- 7-7 7 ? MY COMMISSION EXPIRES OCT 27, 1997 ( --...-,....-\...-\...--....-...."._-.._-._--...--....--,..--,,--... ..-,z.....x. r.v. Th Accepted on behalf of the City of Tigard this b day of 1995. 2 /aVYY2- 6nyvaAA/\.(6/ /(--p.1 echA ,i,Sigt, a 6..7 . i z PL (9?rY42.14, lb i 4-ce/ '1Tit le dj/San-Sew.Agr Page 3 of 3 3