95-027633 ~ High Tor Drive ~ 141st Avenue STATE OF OREGON
Cp - County of Washington SS
I, Jerry r of Assess-
ment and,, n a�ri�' o Count
Clerk for iel.do � fy
AFTER RECORDING RETURN TO: �y,�4` �`eb t�erti that
the withii r
� �vlras Y•eceived
and rerrdedr E�of said
county #s
City of Tigard
City Recorder
13125 SW Hall Blvd. J �� rector of
Tigard, OR 97223 s�rsl�ta�Fakation,Ex-
rttr-`C7erk
Doc : 95027633
NO CHANGE IN TAX STATEMENT Rect: 142188 28. 00
04/21/1995 01: 30: 53PM
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SEWER SERVICE
WHEREAS, the undersigned John S. and Elizabeth D. Martin 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 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 3 '
e
*moor'
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 tine
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 uc
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
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i
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 19�
Signatures of owner (s) :
Sig t _ �„ signature
r' Njew
172
a .- — 0 Print Name
-- — Add � Addrq4ji'e.E'tO�
STATE OF OREGONI
COUNTY OF GUAC Y14 S S .
erso ally appeared before me on the b day of
Y , 1995, 30-ha S. -4-. Di z.47h a 7 D In lr i re
who acknowledged that the foregoing was his voluntary act and deed.
Notary Public Oregon
My Commission Expires : 7
Accepted on behalf of the City of Tigard this —/--(-', day of AP►,zi 1995.
\./L-C,
l-l� kc i g a r �
y c.
Title
dj/San-Sew.Agr
Page 3 of 3
Description:
Lot 3, HIGH TOR, in the County of Washington and State of Oregon.
INITIAL POINT
NIGH TOR
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