HomeMy WebLinkAbout000734 Original Contract Cit«ofPmrtAnoe/es
Record #000734
Page ` of 4 Agreement
Port ony°/eo c/tv Of
olal/am County Washington 04/10/2014 11i29:45 nm
��U|K0�"���|�B ���/|=&JK�Y�y|�KNQ�N����&�J���. K�|U|
AFTER RECORDING RETURN TO:
��mm/�m«/m��/mmo Kid, m�/m
City of Port Angeles
Public Works and Utilities Department
po.Box loo
321 E 5th St.
Port Angeles,xm9062
DOCUMENT TITLE: AGREEMENT TOANNEX
GRANTORS: Paul Renault u single onuu(Owncrnf subject property)
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
The West 40 feet of Lot 3 and the East 5 feet of Lot 4in Block 12
of Gale's Addition\n the Tbv/noitoof Port Angeles,/\m per plat
recorded inVolume l of plats, page 23, Records o[Clui|um
County, Washington, and any portions of vacated streets oralleys
attaching thereto kv operation o[law.
Situate in County o[Cla|ionu, State ofWashington.
(property more commonly known oa2232 East 5 h /\v000e)
ASSESSOR'S PARCEL NO. 0630125312I00000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington(hereinafter
the "City"), and Paul Qununk (hereinafter the "Property ()wnor`)` in 000yidom1ioo of the mutual
covenants set forth herein, agree usfollows:
WHEREAS,the Property Owner is the recorded owner of property located within Clallam
County, Washington described below; and
\NlKEI0B/\S, it is the desire of the Property Owner that said property he served with sewer from
the City and hereby makes application therefore; and
WO8R6/\S` it is appropriate that the Property Ovvour grant to the City, Property Dvvnc,`s
permission to annex the property when it becomes eligible foi-annexation into the City.
I
Yq()W THEREFORE, [[IS AGREED BETWEEN THE PARTIES aofollows:
| PURPOSE: The Port Angeles City Council has authorized the extension of City sewer services
into the Ddbmo Growth /\rua` and the Property Owner will be using City sewer service. The
approval to use the City's sewer yyderu is auhiuot to conditions, and this /\Arucooun1 is entered
into 10 describe some of those conditions.
2. &»3%OK^KCRTY SERVED: The property that is the subject of this agreement is described as
follows:
The West 40 feet o[Lot 3 and the East 5 feet of Lot 4 in |3|ook 12 of (3uie`m
Addition to the Townsite of Port Angeles,As per plat recorded in Volume I of
plats,page 22,Records o[C|aUum County,Washington, and any portions of
vacated streets or alleys attaching thereto bv operation oflaw.
Situate in County ofCluUuou, State of Washington,
(property more commonly known uy2332 East 5 1h Avenue
hereinafter"the Propedy":
The City hereby agrees inprovide 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 tothe City uLimited Special
Power of Attorney to exercise any and all rights of said Property Owner, its heirs or assigns and
any anuocoaoo in iu\crcai to said ynnpody 0p/nor, including any purchasers, muudgogc holders,
lien holders or other persons who may o|airn an interest in said property, hereinafter referred to as
"Successors inlnto/cat,"to accomplish the following purposes, and no others:
(o) 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
QCW 35/\.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
D`voer or the ovvoer"u Successors in ]u\ercot will be required to uomunoc no more than u fair share
of the City's bonded indebtedness at the time o[annexation; and
(o) To sign any and all letters, petition and other documents necessary to uouncopliub
said annexation on behalf nf any Successors in Interest ua defined above.
This Limited Power of Attorney shall be considered a power coupled with an interest and may not
be terminated except o1 such time as the above described property is no longer served by uovvor
facilities 6v the City.
The Property Owner agrecato miAo any and all notices, petitions and other documents 000xiatout
herewith requested n1 any time by the City leading tothe uuouxn1ioo of the property t* the City.
The Property Owner does not waive any applicable right to vote in an annexation eicodoo or to
2
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 3 5A.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 County Auditor's Office and shall be
referenced upon any or other instruments conveying an interest in said property.
EXECUTED this 2 z 4� day of 2014 for the Property Owner(s).
Property Owner
STATE OF WASHINGTON
) ss.
COUNTY OF CLALLAM
On this day of 2014, before mc, a.Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared '01 U I F=, Refleill/74- 1 to
me known to be the individual(s) describe�-4� and who executed the foregoing instrument, and
acknowledged the said instrument to be theiQlWher free_�nd voluntary act and deed, for the uses and
purposes therein mentioned,and on oath stated that they4ilae/is authorized to execute said instrument.
Given under my hand and official seal the day and year first in this certificate above written.
"��,qLIE L. BASKINS
.......... Notary
Notai Public,* an d for the State of
7
residing at
E p,08/09/2015 My commission expires:(/ 2,62/,T
u B
AGREEMENT TO ANNEX
~�
EXECUTED this ! 6nv of Ap 2014 for the City of Port u
Municipalu
Title:'-O , City of Port Angeles
STATE 09WASHINGTON)
)sn.
COUNTY OyCL&LL/\M )
On this day of 2014, before �e, a Notary Public for the State of
Washington, duly oii i
cn� koovvo to be uf1b� oonuioiba| oorpumt ion tbu1executed
the within and foregoing iuotrAouout, and acknowledged said instrument 1obethe free and voluntary od
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.
Given under n/y hand and official sea]the d d year fintiu this certificate above written.
Notary Public in andfor the'Sf/te of Washington,
��vnwx^
residing at Port Angeles.
K4v commission expires:
0800 -k-
lilt
Attest:
Jat"Hurd, City Clerk
w:x`vvuS\Emnuxseunwas/rwate,C^n^spwodvucasastu0u Sewer ovomeuivudc"nncu/nuwuooAzo/4oz3ze 5th Ave uunuuoz3xe
Sm Ave Annexation x:rcemmm^c,
4