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95-012212 ~ Walnut Street ~ 135th Avenue STATE OF OREGON w linty of Washington SS .0.0e I, Jerry R.Hanson," 4iri;c#or of Assess- ment and Taxation and 'Ex-Officio County Clerk for, Idcounty,do hereby Certify that the within instrument of writing wa i;received and recorded in book of reoords of said Jerry R. Hanson Director of Assessment and Taxation,Ex- Officio County Clerk Doc : 95012212 Rect.: 138860 28. 00 02/24/1995 01 : 54: 11PM NO CHANGE IN TAX STATEMENT RETURN RECORDED DOCUMENT TO: CITY RECORDER, CITY OF TIGARD ,a5 Q 13125 SW HALL BLVD. 0 TIGARD, OR 97223 sjirftfil URBAN SERVICE EXTENSION CONTRACT CITY OF TIGARD EXTRATERRITORIAL SERVICE WHEREAS, the undersigned �. f U Loie-ALI1.1e�G i warrants that they are the sole owners of eal 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 INCOR?Py,ORATED BY REFERENCE HEREIN and have applied for permission to connect to the /4.)4,. .. d � Sfi erJc'i system owned and operated by the City/of Tigartt; and the undersigned understands 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. NOW, THEREFORE, irl,,the event the City of Tigard, in its discretion, furnishes 14 1/4. 14 sc F ,s.�Ly 5,�, f to the above described land, then in consideration ands a condition of such furnishing of �� f the undersigned and each of them, for themselves and for heir s cessors in interest, agree and covenant to the City of Tigard and to the sent and future owners of any property affected by the furnishing of City i reS��r//� , ci{ 5, 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, -+ar 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 AJ $ L }.01714 �u to the property, the property will be connected to the City's s n _I .• , system and will pay the charges and fees imposed by th= City .r 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. The property owner hereby agrees to comply with all standards set forth in the Community Development Code. 9 . 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 . 10. 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: a 3 195 Dated: %4 7 , 19 T Signatures of o er (s) Ci - f igard: STATE OF OREGON COUNTY OF NAL-4464/AS; ) j Personally appeared before me on the 3120 day of 1- VA 19 O1< and the above person acknowledged that the foregoing was his voluntary act and deed. OFFICIAL SEAL rl JEhiN LL!= N. ZORNADO• NOTARY PUBLIC-OREGON !!' ary Public f or regon ` 68/ COMMISSION NO 038610 MY COMMISSION EXPIRES OCT.12,1998 My Commission Expires : 10-1'?r�� login\patty\urban2.doc • EXHIBIT A DESCRIPTION OF PROPERTY TO BE GRANTED EXTRATERRITORIAL SERVICE A lot located in the Southeast one-quarter of the Northwest one- quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows : Lot 33 of Handy Acres as recorded in Book 10 Page 31 of the Washington County Subdivision Records . johnrh\handy33.des 3 45 AC.•* 41'N,. °g, Z 3700 v"' FOR ASSESSMENT PURP( 7 0 "N : W •35 A^ SEE MAP ONLY. $v t 2S 14AC DO NOT RELY ON FOR '� S 89°30'* 'Cr X OTHER USE. 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