95-012211 ~ High Tor Drive ~ 141st Avenue A STATE OF OREGON
100"►Itknty of Washington
I, Jerry R:Sanson, Dkeetor of Assess-
ment and Tutton andfflcio County
AFTER RECORDING RETURN TO:
Clerk for ':'n ooh+# ,d, *,re4,y rtify that
the within instrmtxre bf.," t#fn was kecelved
and recorded° .#sootc � arcfsof said
RETURN RECORDED DOCUMENT TO: county.
CITY RECORDER, CITY OF TIGARD
13125 SW HAIL BLVD.
TIGARD, OR 97223Jerry R 'Flanson .:13irector of
`Asessmnt atdaxation,
Ex-
6fh*Cou1*V Clerk
NO CHANGE IN TAX STATEMENT Doc 95012211
Rect: 138860 33. 00
42/24/1995 01: 54: 11PM
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SEWER SERVICE
WHEREAS, the undersigned5"-.ts tri', f &r&ra OeC 1<:. 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", AT'T'ACHED 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
1 - 5
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 C� , 19 1l
Signature of o/caneapr
Signatu/re, / rignature _ '` ' /
Print NamE���, Print Name
Address Address
STATE OF OREGON )
Gc��h 4 � > SS .
COUNTY OF (YW )
Personally appeared before me on the day of
1995, SA%me_s W E �ArVA,rc� Bec
who ackno edged that the foregoing was his voluntary act and deed.
. - arc
FOAL 12, lffat,,�
0"f M.JELD S
titAPUBLIC-OREGON
tNotary Publi or Oregon
'0MMISS10t#mo.oUB,;77
C-Omvwjm EXPIRE SFT.1, 1' My Commission-Expires : 9
Accepted on behalf of the City of Tigard this `l day of ft':f a v c<,._.,..' 1995 .
Si ature
Title
dj/San—Sew.Agr
Page 3 of 3
EXHIBIT A
DESCRIPTION OF PROPERTY TO BE GRANTED
EXTRATERRITORIAL SEWER SERVICE
A lot located in the Northwest one-quarter of the Northwest one-
quarter of Section 9, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, Oregon described as
follows :
Lot 1 of High Tor as recorded in Book 22 Page 10 of the Washington
County Subdivision Records .
johnrh\htor11.des
S R I W W. M. 2S 1 9 BB
J
N 890 OSCE 596.21
400 300 200 100
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W NrcOpF_: RTy
W p 0
0' N h P 'O1
a � 4 3 . n 2 0
p - o
z
z
120.5 N 89051*W 119.0 1 117.50 1 116.05
HIGH TOR DRIVE
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1900 R=20 so
0 R=2o 700 600 2400,:600,2100,1000,
3 W p
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16 17 $ 28 .
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