95-027503 & 14784 ~ High Tor Drive, Lot 4 STAT+' "�'OREGON
�l County of Washington SS
AFTER RECORDING RETURN TO:
I, Jerry� o� �
ment and, of Assess-
ment ��'� �o County
Clerk foraisf, ctty ief mortify that
the withitn,tru
�� 5e
City of Tigard ceived
count srded$ � td '°f said
City Recorder y , n �,
13125 SW Hall Blvd.
Tigard, OR 97223 ; �tu .l►
H Orn irector of
s� laxation,Ex-
NO CHANGE IN TAX STATEMENT O' llerk
Doc 95027503
Rect: 142154 28. 00
04/21/1995 09: 37: 34AM
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SEWER SERVICE
WHEREAS, the undersigned T:4n 4LDaF_tL41J 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
I -
�{
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
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 1�
Signatures of owner(s) :
Ll
g-S�f�KI���� ,GrG S' nat
Print_Name ZVI Print, N e
Address Addie
STATE OF OREGON }
SS.
COUNTY OF
Personally appeared befo a me on the C' _ day of
1995, —
who acknowledged that the foregoin was hi voluntary aA and deed.
Notary Publi for Oregon
My Commissi Expires: 7 A 2 S
k-v .._
Accepted on behalf of the City of Tigard this { day of
1995. —~
Title
dj/San-Sew.Agr
Page 3 of 3
" .T/A #26-1004 X6656
• RM FQNo:83i—WAftftM REEK(Iadtviduel or{' ia]. N #6 LAVY CO.,PORTLAND,OR.07Zo4
1-1-74 1-4784
WARRANTY DEED n
KNOW ALL MEN BY THESE PRESENTS, That---..SI.1�?_kt k1..H.....15.t 41fJ.G�i.GI f1 and.EECELi,'i To
KLUEIE NG.ER, - - --__. . --
- -- - _
o
W z hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by_ RED .E._.f U!A___OR ULil1
s . AND..MARILYN lUSE6HAU.GH . husband,-and_ wife.....--- ----.. .- hereinafter called
- ..
the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and
00
assigns, theft certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap-
WUpertaining, situated in the County of__.Washington __ . and State of Oregon, described as follows, to-wit:
Za Lot 4, HIGH TOR, in the County of Washington aid State of Oregon.
d 2� I�
iz_
H�j j
II I
�I
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE)
To Rove and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever.
C Arid Maid grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that
grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances E XC E I'T : Reg-
ulations
eg-
ulations of Unified Sewerage Agency; Covenants, easements and restrictions of recon o
and that
{� grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims
and demands of all persons whomsoever, except those claiming under the above described encumbr races.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $_ 70,000.00
ahh�ci'e'�Y�x>�i6%��e!cfr�7xc�e� i�4ib�xcdfri�i5ts��f�ror%7iic7�ile�affi�rx%�rietycnxtttex�,gixstx�ox>prrl;;�hif:fi�.;is<x
t Hwhich
indicate
(• ).(D(The sentence between the cymbals(D,it not applicable,should be deleted.See ORS 93.030.)
In construing this deed and where the context so requires, the singular includes the plural and all grammatical
implied to
ions hereof
change sharp ss Whereof, thee the rant hasexecutedthis�nstrument this 1ply equally to t as corporations of _to individuals.
Ju l uals. 197,� i
Wt r# y I
if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by
order of its board of directors.
(if executed by a afrperatlon, ,(
i affix corporate Hal) �
41 1 11
Cecelia T. Klupenge `fJ
STATE OF OREGON, ) STATE OF OREGON, County of-----_................................................
County of aS-l (1J -n - 19
- )ss. Personally appeared .......-.. -.._ -........ - ....-.. _..and
I _ Jul-y--------------1.7_....-._. .... , 19-_ 75 .
---------- --------........... ............................ .... -----..who, being duly sworn,
i
each for himself and not one for the other, did say that the former is the
Personally appeared the above named
Jase a -.1� Htilu en er and -............._.........,_.._...._..........._... . president and that the latter is the f i
k. -----------9.................. ........,
C� ,1 ,:,and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate corporation, i!
secretary
rf. their
go Klupenner
p I
rnerft'to b�`_..* -... ___ ...... -voluntary act and deed, of said corporation and that said instrument was signed and sealed in be-
half of said corporation by authority of its board of directors; and each of
° them acknowledged said instrument to be its voluntary act and deed.
tefore me: C Before me:
( , ( �� � (OFFICIAL
�`- 's. . ..f ....... ......
SEAL) ------ ---------....- ............ - -- .. . SEAL)
�,? .....- Notary Public for Oregon Notary Public for Oregon
ns commission expires:� �
Y l �ty�/ My commission expires:
o' 5 ...6NGER.. Joseph H. 8 Cecelia T. S
c 8025WinchesterWay 4049
_ ... __. )(3(3
ATE OF OREGON
Wilsonville. Oregon 97C}7Q _.._____._-- ss
GRANTOR'S NAME AND ADDRESS County of Washington
j IZOSEBRAUGH Fred E. & Marilyn J.
n 1, Roger T
r of Records
36th and Efectio aQ f� i ecorder of
Conve an r s id u.t �`
_Hillsboro., Oregl In.... 9'7123. .. .. a of that � soid n � � reby car-
GRANTEE fi NAME AND AO DRESS + ray
SPACE RESERVED y ltfhleil Writing
After recerdlag Nlurn to: FOR t1 was reCei € ecords.
Heritage e=scrow Co. RECORDER•s USE ft NO. {
"411 Q- 5LT'Zedar_ lillis 81vrnt.
h of said t r 1
Beaverton, .Oregon _97005 _ Witness
NAME,ADDRESS,ZIP
R irector
Until a change fs requosted all tax statements#hail be seat to the following address. O co
PIS
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*.-. 7 NAME.ADDRESS,ZIP �� 5 PACE937