95-067312 ~ 12680 SW 135th Avenue ~ Walnut Street STATE OF OREGON
, * ,
county of Washington / SS
Nvi004
I, Jerry (VHansoff, Director of Assess-
' AFTER RECORDING RETURN TO: ment and°Iiixation and E.x-Officio County
Clerk forsaid doUrhyi40 hereby Certify that
the within instrument of writing was received
and recorded in book of records of said
•
City of T. ard Se3/A)11CP et-, county.
City Re rder i7iNc1446-1:44,67a144cr,
1312 SW Hall Blvd.
;19T. rd, OR 97223 Noti4 0 6,e- ? 'c'7 Jerry R. Hanson,Director of
Assessment and Taxation,Ex-
46 Officio,County Clerk
Doc : 950673
NO CHANGE IN TAX STATEMENT 12Rect: 151178 28. 00
09/21/1995 1053: 18AM
CONSENT TO ANNEXATION
FOR PROVISION OF URBAN SERVICE
(77
WHEREAS, the undersigned a, ep‘.. c)44--414.-Z warrant that
they are the sole owners oti, re'aa roperty 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
4 ~
•
Soo' 4,000
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, shale 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
%toe'
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 0 , 19
Signatures of owner(s) :
tr
ignature Signature
R 6 z i 1-17.C9 SA 1? I cie-,
Print Name Print Name
17/k .5-V 6-.4 P40 .0 or
Address Address
di-CWA '7007
STATE OF OREGON
SS.
COUNTY OF NNICIfkl)V-Th
Personally appeared before me on the day of
, 1995, -RCS k_CL. Q x01-1
who acknowledged that the foregoing was his voluntary act and deed.
‘JOZJM1„1.A..
OFFICIAL SEA
1- _ MOLLIE J(MOTH Notary Public
8458( for Oregon
NOTARY PUBLIC-0,4E0r' My Commission Expires: —6 - 15-CA
I', MY mem COMMISSION NO 032 /
...1°N EXPIRES MAPI; 9
Accepted on behalf of the City of Tigard this F.3 day of fe-pJ-.
1995.
_ .,Signature
Title
dj/San-Sew.Agr
Page 3 of 3
**ye
,ALTA Owner's Policy (10/17/92)
SCHEDULE A
Date of Policy: July 28, 1995 At: 11:05 a.m.
Policy No. : 367882w Amount of Insurance: $58, 000.00
Order No. : 367882w Premium: $273 .60
1. Name of Insured:
Bosiljkra Sarich
2. The estate or interest in the land which is covered by this policy is: -A FEE
3. Title to the estate or interest in the land is vested in:
Bosiljkra Sarich
4. The land referred to in this policy is situated in the State of Oregon, County of
Washington and is described as follows:
A portion of that tract of land as described in Book 344 at Page 355 of the Washington
County Deed Records, more particularly described as follows:
BEGINNING at a point which bears South 0° 54' West 423 .51 feet from the Northeast
corner of Lot 32, according to the duly filed plat of HANDY ACRES, in the City of
Tigard, filed October 29, 1945, in Plat Book 10, Page 31, in the Northwest one-quarter
of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian, Records of
Washington County, Oregon; thence along the East line of said Lot 32 South 0° 54' West
115.41 feet to an iron rod; thence South 88° 01' West 182 .15 feet to an iron rod on
the West line of said Lot 32, said iron rod being on the East right-of-way line of
S.W. 135th Avenue; thence North 0° 43' East 115.40 feet along the West line of said
Lot 32 to an iron rod; thence North 88° 01' East 182 .52 feet to the point of
beginning.
N e9°30'E 100 INITIAL
POINT 1114
5 c 46 AC. 6 •fig ;