11900 SW GAARDE STREET 11900 SW GAARDE ST -
AFTER RECORDING RETURN TO:
Community Development Director
Clty of Tlgard
13125 SW gall Blvd.
Tlgard, OR 97223
URBAN SERVICE EXTENSION CONTRACT
EXTRATERRITORIAL SERVICE City of Tigard
WHEREAS, the undersigned �•' �`^^'j' ''/')'=/ warrants that they
are the sole owners of real property in Washington County, Oregun, which is located
outside the c)rporate 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 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 ties 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 rip'-t 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, in the event the City of Tigard, in its discretion, furnishes
to the above described land, then in consideratio:i and as
a conditioi of such furnishing of 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 proper,
affected by the furnishing of City e-Atjx r-%.A which this covenant an«
agreement relate that: 1
1. The undersigned agrees to waive the requirement that a Notice of I_,tent 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 cnnexation, 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 ff the property owner satisfies ti,e
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 conbsnf� to ',e valid in perpetuity. For administrative purposes,
the undersigned agrees to ,lign 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 «sed 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 annexation used involveE 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 !1 4 + F to the property, the property will be
connected to the City's _ _ 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 C'.iarge prior to the issuance of a sewer permit for any new dwelling
unit
8. i'hi.s 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 aeclared void by a court of law, the
remaining portions of this agreement shall remain in full force and effect.
ti.
Dated /�/ZiL 19Y Dated
Si�at�ureq f,oc�evrp rCity of Tigard;
STATE OF OREC N )
COUNTY OF �J—In )
Personally appeared before me oil the •�7 day of -- o 1 __, 199
and the above person acknowledged that the foregoing was his voluntary act and deed.
OFFICIAL SEAL OAA A
DIANE M. CS
NOTARY
POR IC-
OREGON Notary Publ c or Oregon
COMMISSION
NO. xB977 _
My Commission Expires;
MY COMMISSION EXPIRES.EP1. 7, 199!,
94046629
Washington County
Page 1 of
STATE OF OREGON t
County of Washington f SS
I, Jerry R. Hanson. Director of As,ess
ment and Taxation anti Ex-Officio County
Clerk for said county,do hereby oartify that
the within instrument of writing was received
and corded In book
county, of records of said
Jerry R. Hinson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Dor. : 94046629
Rect: 122250 4 oo
05/12/1994 02: 14: 25PM
lAller Rccorduig Retrun Copy of Recorded Document to:
�1f) Robert S.Norin
V 11900 SW Gaarde Street
Tigard,OR 97224
PRIVATE EASEMENT
SANITARY SEWER SIDE LATERALS
Fred E. Trueax and Sylvia V. Trueax, hereinafter called the Grantors, grant, and convey
unto Robert S. Norin and Sandra Kay Norin, hereinafter called the Grantees, a perpetual
easement for constructing, reconstructing, maintaining, inspecting, and repairing of
underground side lateral sanitary sewer lines and appurtenances connected to the City of
Tigard Sanitary Sewer System, together with the right to remove, as necessary,
vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit
"A", situated in the City of Tigard, Washington County, State of Oregon. The side lateral
sanitary sewer lines are for the benefit of the parcels of land described in Exhibit`B",
situated in Washington County, State of Oregon. This easement shall in no way encumber
existing easements.
THE TRUE CONSIDERATION for this conveyance is $0.00.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title,
or interest except those expressly stated in this easement, nor otherwise prevent Grantors
from the full use and dominion thereover, provided, however, that such use shall not
interfere with the uses and purposes of the intent of the easement.
IN CONSIDERATION of the premises, Grantees agree that if said Grantees, their
successors or assigns should cause said easement to be vacated, the rights of the Grantees
in the above-described easement will be forfeited and shall immediately revert to the
Grantors, their successors and assigns in the case of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto; said
Grantees, their successors, and assigns forever.
IN WITNESS WHEREOF each party has executed this agreement on the date which
appears at the party's signature.
Page 1. EASEMENT
NO CHANGE IN TAX STATEMENT
Z
DATED:_
Fred E. Trueax Grantor's Signature
14310 SW McFarland Boulevard
Tigard, Oregon 972.24
Sy vial, . Trueax Grantor's Signature
14310 S W McFarland Boulevard
'Tigard, Oregon 97224
STATE OF OREGON )
)sal.
County of Washington )
This instrument was acknowledged before me on /'��i y /� /��/ (date)by
Fred E. Trueax and Sylvia V. Trueax.
OI FACIAL UAL
Iyr
NOTF.V FLIBLIC•CHECONNot Public or OreCOWIS;-IONNO.020045 fon
g CO"AM!SSIUN EXPIRES flOV, 17, 19
'-GG My Commission Expires:_ / / %-
DATED: /� �1A-Y �`� _ / 41L;�Y-Av-�'
Robert S. Norin Grantee's Signature
11900 SW Gaarde Street
Tigard, Oregon 97224
S ra Kay Non Grantee's Signature
11 00 SW Gaarde Street
Tigard, Oregon 97224
STATE OF OREGON )
C11�i �4)ss.
County ol' gton )
This instrument was acknowledged before me on I �<<, /a 124
(d:te) by
Robert S. Norin and Sandra Kay Norin.
N ary Public for Oregon
My Commission Expires: y -z f _
r
Page 2, EASEMENT OFFICIAL StttL
IlAl NAE1.^,�=i':.:l5
NOTi,V., C,,.1
MY COMMISSION RES APRIL 2. t;95
EXHIBIT A - DESCRIPTION OF LAND PARCEL COVERED BY THE
AGREEMENT
The Northerly 2 5.00 feet of the Easterly 15.00 feet of the property located at 14310 SW
McFarland Boulevard, City of Tigard, Lot 22, Shadow Hills, Washington County, State of
Oregon. Specifically, beginning at a point West 1048.94 feet and South 0 degrees 44
minutes West 660.00 feet from the North 1/4 Corner of Section 10 Township 2 South,
Range l West, Willamette Meridian, Washington County, Oregon; and running thence
West 15.00 feet, thence South 0 degrees 44 minutes West 25.00 feet, thence East 15.00
feet; and thence North 0 degrees 44 minutes East 25.00 feet to the point of beginning.
EXHIBIT B - DESCRIPTION OF LAND PARCELS WHICH BENEFIT BY THE
AGREEMENT
1. Tax Lot 2200 on Tax Map 2S1 IOBA, Washington County, State of Oregon.
Specifically, beginning at a point West 1332.50 feet and South 0 degrees 44 minutes West
660.00 feet from the North 1/4 Corner of Section 10 Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon; and running thence East 218.00 feet;
thence North 0 degrees 44 minutes East 192.00 feet; thence West 218.00 feet;thence
South 0 degrees 44 minutes West 192.00 feet to the point of beginning.
2. Tax Lot 2300 on Tax Map 2S1 IOBA, Washington County, State of Oregon.
Specifically, beginning at a point West 990.00 feet and South 0 degrees 44 minutes West
660.00 feet from the North 1/4 Corner of Section 10 Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon; and running thence North 0 degrees
44 minutes East 192.00 feet North; thence West 124.50 feet; thence South 0 degrees 44
minutes West 192.00 feet;thence East 124.50 feet to the point of beginning.
Page 3, EASEMENT
9404.6628
Washington County
Pape 1 of _
STATE OF OREGON
County of Washington SS
I, Jerry R. Hanson, 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 book of records of said
county. 1 f
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio Gounty Clerk
Doc : 94046628
Rect: 122250 43. 00
05/12/1994 02: 14: 24PM
�••�F�ec�++--.;h�pl��yar+RF.nm..+.�w..ne.,...w...+.►,.q..�,.t-•......--F,•••-, -_ q
APPLICATION - STREET IMPROVEMENT/EXCAVATION COPY TO:
OP,DIS' ICE NO X74.14 �� - ' X (WHITEFILE
1 (YELLOWW)-INSP.
(INSTRUCTIONS ON SEPARATE SHEET) F_�'y Z (PINK)-OTHER AGENCY bldg.,
a Z (BLUE)/APPLICANT
APPROVED � .. APPLICATION NO.: 490
NOT APPROVED CI CI I Y OF T'IGARD, OREGON_�_ FEC AMT. S _. 222.40_
PENDING FEE. PMT, 13 CI I'Y HALL RECEIPT a� C_.: _— 14 -zSW"77
PENDING SECURITY ❑ PUBLIC WORKS DEPARTMENT By s
PENDING AGENCY ''OK'' ❑ APPlitalion and Progress Reeor(I — — — — — — — — — —
MAINTENANCE BOND M
PENDINU INFORMATION ❑ FOR STREET IMPROVEMENT/EXCAVATION As RFuuil,ru —� —
ANNUAL
PENDING VARIANCE ❑ q EXPIRATION DATE.,—
PERMIT NO. _GL+I 1'tI DATE ISSUED: BY.
(1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALL _SANS' LW. SIi :!
SERVICE & MAINLINE TAP AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH,CITY EQUI EMENTS.
Robert S Norin 11900 S.W. Gaarde St.. Tigard, OR 97224 # 531"�57 �w� �
APPLICANT _ _ _ _
NAME ADDRESS - CITY
CONTRACTOR Jour' Excavating 16886 S.W. Shaw Aloha, OR 97007
NAME- A01301995 -- C--.ITS---" ONE
PLANS BY Per City standards/Specifications
-'---NAME AOD"K98 — CITY ---- MON!-----
ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): $ - 560.00
------_ - __.—..__._ ---- DOLLARS
FOR 0Fnr_ E: MIN.
(2) EXCAVATION DATA. _ 0.04 X S •� = f _22.41
STREET DESCRI13TIO_NPROGRESS & INSPECTION STATUS
NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS/TYPE BY
TYPE LENGTH WIDTH DEPTH ITEM & QUANTITY
STREET
Bide a rJ ' It ( — — PENED _
INSPEC-
- R TION
E
Q
ESTIMATED STREET OPENING DATE ���__- _ ES
ESTIMATED STREET CLOSING DATE [ T
D
STRFET
(3) SECURITY NO. -_____ .....-__ SECURITY AMT: E,560•CO _- CLOSED
SURETY CO.. _-- FINAL
_ - rASN INSPECvA.W941H11C.
(4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL SPECIALPROVISIONS CONDITIONS
FEATURES, EXCAVATION LOCATION AND EXTENT,
see attached - --- -
(URB - ' �� - - - .• - - - - - - - - �� I� - _ _ -_ - ---
- see attached
(5) NOTE THE CITY OF TIGARD DOES NOT, HF-RENY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE
RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PERTINENI' LAWS AND
CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAVE HARMLESS THE CITY AND
EMPLOYEES AGAINST ANY INJURY OR DAMA 3E WHICH MAY RESULT FROM APPLICANTS ACTIONS,
APPLICANTS SIGNATURE DATE � _