95-039447 ~ Fonner Street ~ 135th Avenue STATE OF OREGON )
SS
Ity of Washington
10000 `*4210#
I, Jerry R. Hansort, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county,do hereby certify that
the within instrument of writing Was received
and recorded in 1300k Of records of said
Jerry R. Hanson,Director of
Assessment and Taxation,Ex-
Offigto County Clerk
Doc : 95039447
Rect.: 145085 33. 00
06/08/1995 04: 22: 20PM
1000. sis
AFTER RECORDING RETURN TO:
Community Development Director
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
AVodallyr ;:e
CO < 111�
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SERVICE City of Tigard
WHEREAS, the undersigned Dean & Andrea Emme warrants 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 sanitary sewer system owned and
operated by the City of Tigard; 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 t
discontinue the service.
NOW, THEREFORE, in the event the City of Tigard, in its discretion, furnishes
sanitary sewer to the above described land, then in consideration and as
a condition of such furnishing of sanitary sewer 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 sanitary sewer 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.
Nogil smile'
?.. 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 b this
agreement shall be void.
5. In the event that the type of annex.arion '.:se 1.vesa,ba,:..«+,nt
constitutes a waiver of the right to vote on the annexation �-
annexation by 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 sanitary s ewerto the property, the property will be
connected to the City'ssanitary sewer 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.
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 1Y Dated 1— 1 1,____, 19??
Signat es of o er(s) : C y of_ 'ga
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STATE OF ORE ON )
COUNTY OF ( A ..-N, )
titte
Personally appeared before me on the v�+� day of 0\1;,,1-11,, , 199 ,
and the above person acknowledged that the foregoing was his volun ary a t and deed.
�? ,. _. orr L aF�4L ��
*_“:-4,,.. t .,, f ,:i "aT #9A Alt)).„(4____ ,Q.„,
is for regon
1 No r _,: 3u00?Ic4,oN My Commission Expires ^`^1�j
^c�?FA. :ISSiON NO.029928
MY COMMISSION EX ;i1ES.;RN.01,1998
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'440W SCHEDULE A, Page No. 2 ,Riot
Legal Description, Continued Order No.: 861225w
PARCEL I
Being a part of that certain tract of land conveyed to Verne M. Former by Deed as
recorded on Page 179 of Volume 83, Deed Records of Washington County, Oregon, more
particularly described as follows, to-wit:
Beginning at a point in the center of County Road No. 495, which point of beginning
is reached by beginning at the quarter corner on the North line of Section 3,
Township 2 South, Range 1 West, of the Willamette Meridian; and running thence South
0° 53' West along the North and South center line of said Section, 2216.8 feet to an
iron pipe; thence North 87° 46' East 336.3 feet to the place of beginning of the
herein described tract; frau the described point of beginning the recognized center
line of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, bears
South 87° 46' West along the center of County Road No. 495, a distance of 336.3 feet
and South 0° 53' West along the center line of said Section 3, a distance of 462.0
feet frau the described point of beginning; thence North 0° 59' East 20.0 feet to an
iron pipe on the Northerly line of County Road No. 495; thence continuing North 0°
59' East 203.5 feet to an iron pipe; thence North 87° 46' East 195.0 feet to an iron
pipe; thence South 0° 59' West 203.5 feet to an iron pipe an the Northerly line of
County Road No. 495; thence continuing South 0° 59' West 20.0 feet to a point in the
center of said County Road; thence South 87° 46' West along the center of said road,
a distance of 195.0 feet to the place of beginning.
PARCEL II
Beginning at an iron pipe which is reached by beginning at the quarter corner on the
North line of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian,
County of Washington and State of Oregon; and running thence South 0° 53' West along
the North and South center line of said Section, 2216.8 feet to an iron pipe; thence
North 87° 46' East 336.3 feet and thence North 0° 59' East 223.5 feet; thence from
the described place of beginning, North 0° 59' East 324.8 feet; thence South 89° 07'
East 194.7 feet; thence South 0° 59' West 314.2 feet to an iron pipe; thence South
87° 46' West 195.0 feet to the place of beginning.
This Map Provided As A Courtesy Of Oregon Title Insurance Company N
This sketch is made solely for t` '',urpose of assisting in locating said premtpr+"
' and the company assumes no liability for variations, if any, in dimensions and
• locations ascertained by actual survey. .l
For a legible copy of this tax map, see 2S31AC on file with Washington County
----- — Asses ment & Taxation Dept. - .�
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HUMBOLDT CREEK ESTATES
City of Tigard, Washington County, Oregon DWG SALES DWc;
AREA MAP PREPARED BY:
LEONARD A. RYDELL, PE, PLS, WRE
Scale: 1" = 200' Date: 13 Sept. 1994 Drawn: �� 601 Pinehurst Drive
� YG"" ( Newbern, Oregon 97132
Prepared For Gordon Hobbs Phone: (503) 538-5700
P. 0. Box 2302, Lake Oswego, OR 97305-0664 Phone: (503) 245-4900 W.O. No. 9402
6