HomeMy WebLinkAbout000603 Original ContractAFTER RECORDING RETURN TO
City of Port Angeles
Public Works and Utilities Department
P O Box 1150
321 E 5th St
Port Angeles, WA 98362
2013 12%811
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 06/28/2013 09 54 03 AM
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Sharon B. Hollatz
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
ASSESSOR'S PARCEL NO. 0630133200500000
That portion of the Northwest Quarter of the Southwest Quarter of
Section 13, Township 30 North, Range 6 West W.M., Clallam
County, Washington, described as follows: Beginning at the
Northeast Corner of said Northwest Quarter of the Southwest
Quarter; thence west along the north line thereof, 495 feet to the
Point of Beginning; thence South 528 feet; thence East 165 feet;
thence North 528 feet; thence West 165 feet to the Point of the
Beginning. Situate in Clallam County, State of Washington.
Description per Deed of Trust recorded under Clallam County
Auditofs File No. 2003- 1112029(property more commonly known
as 2016 East Maddock Road)
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter
the "City', and Sharon B. Hollatz, as her separate estate (hereinafter the`Property Owne?), in consideration
of the mutual covenants set forth herein, agree as follows:
WHEREAS, the Property Owner is the recorded owner of property located within Clallam
County, Washington described below; and
WHEREAS, it is the desire of the Property Owner that said property be served with sewer from
the City and hereby makes application therefore; and
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City of Port Angeles
Record #000603
V
WHEREAS, it is appropriate that the Property Owner grant to the City, Property Ownefs
permission to annex the property when it becomes eligible for annexation into the City.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows:
1. PURPOSE: The Port Angeles City Council has authorized the extension of City sewer services
into the Urban Growth Area, and the Property Owner will be using City sewer service. The
approval to use the City's sewer system is subject to conditions, and this Agreement is entered into
to describe some of those conditions.
2. PROPERTY SERVED: The property that is the subject of this agreement is described as
follows:
That portion of the Northwest Quarter of the Southwest Quarter of Section 13,
Township 30 North, Range 6 West W.M., Clallam County, Washington,
described as follows: Beginning at the Northeast Corner of said Northwest
Quarter of the Southwest Quarter; thence west along the north line thereof, 495
feet to the Point of Beginning; thence South 528 feet; thence East 165 feet;
thence North 528 feet; thence West 165 feet to the Point of the Beginning.
Situate in Clallam County, State of Washington.
Description per Deed of Trust recorded under Clallam County Auditor's File No.
2003 1112029 (property more commonly known as 2016 East Maddock Road)
The City hereby agrees to provide sewer service to the above described property.
3. AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner understands that
the City contemplates annexing the property served herein. In consideration of the City providing
said utility service, the Property Owner hereby grants and conveys to the City a Limited Special
Power of Attorney to exercise any and all rights of said Property Owner, its heirs or assigns and
any successors in interest to said Property Owner, including any purchasers, mortgage holders,
lien holders or other persons who may claim an interest in said property, hereinafter referred to as
`Successors in Interest; to accomplish the following purposes, and no others:
(a) To petition the City for annexation of all of the property described above, which
petition shall conform to the provisions of paragraph (b) below; and
(b) To accomplish all steps necessary or proper for the annexation of said property under
RCW 35A.14 and the ordinances and regulations of the City for annexation of property to the
City with zoning consistent with the ordinances of the City and with the condition that Property
Owner or the owners Successors in Interest will be required to assume no more than a fair share
of the City's bonded indebtedness at the time of annexation; and
(c) To sign any and all letters, petition and other documents necessary to accomplish
said annexation on behalf of any Successors in Interest as defined above.
This Limited Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except at such time as the above described property is no longer served by sewer
facilities by the City.
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The Property Owner agrees to sign any and all notices, petitions and other documents consistent
herewith requested at any time by the City leading to the annexation of the property to the City.
The Property Owner does not waive any applicable right to vote in an annexation election or to
participate in any annexation review procedures provided by statute.
4. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United
States and the State of Washington and ordinances and policies of the City, relating to the
provision of utility service by a municipal provider.
If the City resolves to annex the above described property pursuant to RCW 35A.14, the Property
Owner and Successor in Interest covenant not to challenge same by referendum, or other
methods.
This agreement and Limited Power of Attorney touches and concerns the real property described
above and so long as the said property is served by sewer service from the City, shall run with the
land, binding the Property Owner, Property Owners assigns, heirs, transferees, Successors in
Interest and all who derive an interest therein.
THIS AGREEMENT shall be recorded in the Clallam County Auditor's Office and shall be
referenced upon any or other instruments conveying an interest in said property.
EXECUTED this 2.1 day of 2013 for the Property Owner(s).
Prope Owner
STATE OF WASHINGTON
f.0
ss.
COUNTY OF CLALLAM
On this Z day of -F 2013, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared 5 kx i \\;:t..1,6-k-2.__, to
me known to be the individual(s) described in and who executed the foregoing instrument, and
acknowledged the said instrument to be their /his/her free and voluntary act and deed, for the uses and
purposes therein mentioned, and on oath stated that they/he /she /is authorized to execute said instrument.
Given under my hand and official seal the day and year first in this certificate above written.
Notary Public in and for the State of W va
residing at X0.1. Wfoq•
My commission expires: R. 14
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AGREEMENT TO ANNEX
EXECUTED this Z1 day of 2013 for the City of Port Angeles, a
Municipal Corporation
By:
Title: 'D ,TI�c
74454...L. (...,auc S
STATE OF WASHINGTON
COUNTY OF CLALLAM
ss.
On this )7 day of 7v'C. 2013, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared Gle+►n Lv!'IIr to
me known to be the PvLl1t Work i W.' 1,.'ns R MA: of the municipal corporation that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument.
Attest:
Given under my hand and official seal the day and year first in this certificate above written.
ssa Hurd, City Clerk
C7 /e0i► A C T1.t,fl.
City of Port Angeles
C34/
Notary Public in and for the State of Washington,
residing at Port Angeles, p'
My commission expires: b 06 /E7
N \PWKS\ENGINEER \Wastewater Correspondence \Wastewater Projects\2016 E Maddock Rd\2016 E Maddock Rd Annexation Agreement Non
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