95-012210 ~ High Tor Drive, Lot 2 �+ STATE OF OREGON
)nty of Washington
SS
1 i,.ferry f kai ni �t�r�r of Assess-
"TER RECORDING RETURN TO: ment and .,T ion and Eic Officio County
Clerk for wd.dourrty,do;bgr rtify that
the within1p trumerft l d w 5i eceived
and reogrded rn oGk of ,ft4ortid ,,of said
City of Tigard county
City Recorder
13125 SW Hall Blvd.
Tigard, OR 97223
Merry`R Manson bisector of
Assess;dhtineYLation,Ex-
C fflojaCour y Clerk
Doc 95012210
Rect: 138860 28. 00
No change in tax statement 02/24/1995 01: 5 4: 11 PM
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SEWER SERVICE
WHEREAS, the undersigned LaVelle and Marie N. Day 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
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 1' �r , 19
Signatu s of er(s) :
r signature
P� in Name Print Name
ZlJ d 5S /7'i2 7d r 'A F- 5�. ,.
Ad ress Address
STATE OF OREGON }
SS.
COUNTY OF )
,�r ersonally appeared before me on the� � day of
__-, 1995,
who acknowwlVahged that the foregoing was his voluntary t and deed.
Notary Public Oregon (j
�� d MY Commission ices
�
s
Accepted on behalf of the City of Tigard this /7774- day of i="-
1995.1995.
ature f,
gni-vr+*.�...
Title
dj/San-Sew.Agr
Page 3 of 3
3
4.S. BANCORP MORT(,AGE COMPANY ) }`
Residential Construction 1'L�-5
P. 0. Box 4113
Portland, OR 97208
Attn: Jan (tiller
File 110-1553531
(Space Above This Line For Recording Data)
DEED OF TRUST
TIiIS Dt",tD OF' TRUST ("Security Instrument") is made on ............. .......
19-8.9.. Tile granter is ......... .............. ...... .......... .......
............................................................................................................................................. .I............I..........
....................................................................... ("Borrower"). The trustee is
.NAT.IONA:L ,ASSN)C.I:A.T. 0N:-. 7--7-.................................................................. ("Trustee"). The beneficiary is
X....S....BAN.CURI?..MORTOAM'"'..Cf)M?ANX-....rr..,-......................................... . which is organized and existing
under the laws of ...TJiE..STA.'CIS..Of-OREGON....................... and whose address is ...�55..S�.k'�...UAI:.,S�REET,
..PL.-5.,..PORTLAN11,..OREGON....i1.7.208__ .___................-......................................................... ("Lender").
Borrower owes Lender the principal sum of.......NINETY..THMSANII..ANA..Nf?/.IQQ-----__..___________-
.....................
_--_---_____._-._-------------------,. Dollars (U.S. .9O..QON..QB---...). This deb"- is evidenced by
Borrower's note dated the same date as this Security Instrument ("Note"), which provi:les for monthly
payments, with the full debt, if not paid earlier, due and payable on....,MAX..28th....,1<990..------__~-----
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with
interest, and all renewals, extensions and modifications; (b) the payment of all other suiris, with interest,
advanced under paragraph 7 to protect the security of this Security instrument;and (c) the performance of
Borrower's covenants and agreements under this Security Instrument and tite Note. For This purpose,
Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
property located in ................... [. .. . .NG... . .................................................................comity, Oregon:
.
Lot .2., HIGH TOR, in the County of Washington and State of Oregon.
Tax Account. No. 8486129.
This Deed of: Trost: secures a construction loan incurred for the construction
of an improvement: in land. Any default under the Construction Loan Agreement
dated August 29, 1989, between Borrower, Lender and Gerritx Custom Homes, Inc.
is an event of dafault under this Deed of Trust.
1,4055 S.W. HIGH TOR DRIVE TIOMID
whichhas the address of ... ...................................................................................................... ..........,
(Street) Ic tel
Oregon .,.......97..2.2�I..................................... ("Properly Address");
f2o Cede)
ToGFTiiriz NVITId all the improvements now or hereafter erected on the proper(}, and al! en,toviews, rights.
appurtenances, rent., royalties, mineral, oil and gas rights and profits, water rights and Stock and ;0l fixtures nv % or
hereafter a part of the property. All replacements and addilions shall also be covered by this Sccurit y Instrument. All of the
foregoing is referred io in this Security lnstrument as tltc"Property,,.
BoRao,,vrit C:ovENANlS that Borrower is lawfully seised of the estate hereby conveyed and 11 t; the right to grant
and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Ilotrmwr warrant.
and will defend generally the title to the Property against all claims and demands, subject to any encumbrance-,of record.
Ttns SI`Ct'RITI' INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
QRI:GON—Srngle ramify—FNMAfFHLMC UNIFORM INSTRUMENT 91-1652 5tat