HomeMy WebLinkAbout000681 Original Contract#000681
2013-1303432
Page 1 of 4 Agreement
Port Angeles City Of
Claliam County Washington 1211112013 01:29:19 PM
mill WITIM71011CIN 11IA MM PA YAMA 11111
AFTER RECORDING RETURN TQl
City of Part Angeles
Public Works and Utilities Department
P.O. Box 1150
321 E 5th St.
Port Angeles, WA 98362
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Glen E. /Kathy J. Johnson (Husband and Wife, Owner of Subject
Property)
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
Parcel A. bots S to 8 inclusive, Sublot 3, Block 1 ,Bayview Second
Addition to Port Angeles, as per plat recorded in Volume I of Plats, page
87, Records of Clallam County, Washington; EXCEPT Right of Way for
County Road Number 3751 (Mount Pleasant Road) ; and EXCEPT Right
of Way for U.S. Highway 101.
Parcel B: Lots I to 8 inclusive, Sublot 4, Block 1, Bayview Second
Addition to Port Angeles, Clallatn County, Washington, as per plat
recorded in Volume '1 of Plats, page 87, Records ofClallam County
Washington;
TOGETHER WITH that portion of vacated Lincoln Avenue adjoining
Lots 4 and 5, Sublot 5, which upon vacation, attached to said property by
operation of law; EXCEPT a strip of land 30 feet wide off the North side
of Lots 1 to 4 inclusive, Subdivision 5, Block 1, conveyed to the Stato of
Washington by Deed recorded under Recording Numbers 103939 and
191035; and EXCEPT Right of Way for U.S. Highway 101.
Description per Deed of Trust recorded under Clallam County Auditor's
File No. 2004 - 113 66 66
Situate in County of Clallam, State of Washington.
(properties more commonly known as 403 Kemp Street, and 3010 East
Highway 101)
ASSESSOR'S PARCEL NO. 0530075114100000, 0530075115100000, 0530075113200000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State, of Washington (hereinafter the "City"), and Glen B.
Johnson and Kathy J. Johnson, property owner, husband and wife, (hereinafter the "Property Owner"), 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
WHEREAS, it is appropriate that the Property Owner grant to the City, Property Owner's permission to annex the property
when it becomes eligible for annexation into the City.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows:
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,
PROPERTY SERVED: The property that is the subject of this agreement is described as follows:
Parcel A: Lots 5 to 8 inclusive, Sublot 3, Block 1 , Bayview Second Addition to Port Angeles, as per plat recorded
in Volume 1 of Plats, page 87, Records of Clallam County, Washington; EXCEPT Right of Way for County Road
Number 3751 (Mount Pleasant Road) ; and EXCEPT Right of Way for U.S. Highway 101.
Parcel B: Lots i to 8 inclusive, Sublot 4, Block 1, Bayview Second Addition to Port Angeles, Clallam County,
Washington, as per plat recorded in Volume 1 of Plats, page 87, Records of Clallam County Washington;
TOGETHER WMI that portion of vacated Lincoln Avenue adjoining Lots 4 and 5, Sublet 5, which upon vacation,
attached to said property by operation of law; EXCEPT a strip of land 30 feet wide off the North side of Lots 1 to 4
inclusive, Subdivision 5, Block 1, conveyed to the State of Washington by Deed recorded under Recording Numbers
103939 and 191035; and EXCEPT Right of Way for U.S. Highway 101.
Description per Deed of Trust recorded under Clallam County Auditor's ]dile No. 2004 —1136666
Situate in County of Clallam, State of Washington.
(properties more commonly known as 403 Kemp Street, and 3010 East Highway 101 and identified by Assessor's
Parcel No.'s 0530075114100000, 0530075115100000, 0500'75113200000)
The City hereby agrees to provide sewer service to the above described property.
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 owner's 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
2
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.
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 Owncr 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 Owner's assigns, heirs, transferees, Successors in interest and all who derive an
interest therein.
THIS AGREEMENT shall be recorded in the Clallam Comity Auditor's Office and shall be referenced upon any
or other instruments conveying an interest in said property
EXECIJTED this Q�!,_ day of 2013 for the Property Owner(s).
�P
Property OyMer Property Owner
STATE OF WASHINGTON )
) B.S.
COUNTY OF CLALLAM )
On this V `� }� day of T N_ , 2013, before me, a Notary Public for the State of Washington, duly commissioned and
sworn, personally appeared 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.
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Kl� /Rot
1# 0 i
4eeWA01��
Notary Public in and for the State of
residing at Port Angeles.
My commission expires; _ `2-1 �Q l
AGREEMENT TO ANNEX
EXECUTED this day of 6 jaV e►n b ,e ,✓ , 2013 for the Property Owner(s).
:i_� .iii -� i rlf �✓
STATE OF WASHINGTON )
ss.
COUNTY OF CLALLAM )
On this - I �Y' day of , 2013, before me, a Notary Public for the State of Washington, duly commissioned and
sworn, personally appeared a T94"0111
4 a sn,• to
me known to be the individual(s) des ibed 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
C4
le 0—rARy��
By:_�
Title:
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
seal the day and year first in this certificate above written,
Notary Public in and for the State of 61
residing at Port Angeles. 1�
My commission. expires:
of , 2013 for the City of Port Angeles, a Municipal Corporation
City of Port Angeles
On this day of,p_ _ , 2013, before me, a Notary Public for the State of Washin ton, duly commissio ed
and swornpersonally appeared(— p Y pl? � .�..�c�, �� '7��r , to me known to be th �ir�-'��ar-� ,�i
the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument, to be the fre and
voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, an�,psiiAMWYA that he is
authorized to execute said instrument. *h���� D �sZ,�,
Given under my hand and official seal the day an year first in this certificate above written. .0 N�� 0
0
Z
otary Public in and for the to of Washingtoit~,�, �' f
residing at Port Angeles. 6�1 •�•��•.,,�'
My commission expires: % �e*e.
Attest:
J essa Hurd,Citi Clerk
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