HomeMy WebLinkAbout000759 Original Contract C--it3e cof rt
2014-1308604
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 06102/2014 09:07:21 AM
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AFTER RECORDM3 RFITLIRNM
..........2�-----------
City of Port Angeles
Public Works and Utilities Department
P.O.Box 1150
321 E 5th St.
Port Angeles,WA 9 83 62
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Paul Doces(Owner of subject property as his separate estate)
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
The East 330 feet of that part of the South half of the Southeast
quarter of the Northeast quarter of Section 7,Township 30 North,
range 5 West,Willamette Meridian,Clallam County, lying
Southerly of Primary State Highway Number 9.
Situate in County of Clallam, State of Washington.
(property more commonly known as 3456 East Highway 101)
ASSESSOR'S PARCEL NO. 0530071401500000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES,a municipal corporation of the State of Washington (hereinafter
the "City"), and Paul Daces, a married man with separate property ownership (hereinafter the "Property
Owner"),in consideration of the mutual covenants set forth herein,agrecas 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
WHERI",,AS, it is appropriate that t,fie Property Owner grant to the City, Property Owner's
permission to annex the property when it becomes eligible for annexation into the City.
74(lW' THEREFORE, [7l0 AGREED BETWEEN THE PARTIES uefollows:
l. PURPOSE: The Port Angeles City Council has authorized the extension of City sewer services
into the Urban Growth Area, and the Property Ovvocz will he using City emn/er service. The
approval to use the City's oov/cr system is subject to conditions, and this Agreement is ocdsrod
into to describe some of those conditions.
2. PROPERTY SERVED: The property that is the subject of this agreement in described as
fhUop/a:
The East 33O feet of that part of the South half of the Southeast quarter nfthe
Northeast quarter of Section 7, Township 30 North,range 5 West, Willamette
Meridian, C]oUumCounty, lying Southerly of Primary State Highway Number g.
Situate in County nfC|uUuom, State ofWashington,
(property more commonly known as 3456 East Highway 10 1)
hereinafter"the Pnopedy":
The City hereby agrees to provide sewer osrviootodzouhovodeaocibedpvopcdy.
3. AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner oudorutoodm 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 oLimited Special
Power of Attorney tn cxnnciom any and all rights of said Property Owner, its heirs ovassigns and
any muoouomorm in interest to said 9,oycdy Owner, including any purchasers, mortgage holders,
lien hw|dom or other persons who may c|uizo an io{ecc/d in said property, hereinafter referred to as
^^Suoceexnru in bdoxsot,°io accomplish the following purposes, and no others:
(e) To petition the City for annexation of all of the property described above, which
petition shall ooufhonto 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 tuthe
City with zoning consistent with the ordinances of the City and with the condition that Property
Owner orthe ovvoer"o 8uoouu000 in Interest will be required to assume no more than u fair share
of the City's bonded indebtedness o1 the time of annexation; and
(c) To sign any and all letters, petition and other documents necessary to uoconopUuh
said annexation oo behalf ofany Successors iu Interest au defined above.
This Limited Power of Attorney shall be considered a power coupled with an interest and may not
bc terminated except a1 such time as the above described property is no longer served 6vsewer
facilities hy the City.
The Property Owner agrees to sign any and all notices, petitions and other documents consistent
herewith requested ut any time by the City leading {u the annexation of the property tothe City.
The Property O`*oor does not waive any applicable dgb1 to vote in an annexation election or to
participate iu any annexation review procedures provided 6vstatute.
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4. GOVEiRNING LAW: This agreement is subject to all statutes and regulations of the Doited
States and the State of Washington and oWkmuuom and yuUcium of the City, relating tothe
provision mf utility service 6vm municipal providor.
If the Cbvresmlveuto anuexUhe property pursuant to0W35A.|4,the Property
Owner and Successor in Interest covenant not to challenge mumo by referendum, or other
methods.
This agreement and Limited Power of Attorney touches and concerns the real property described
above and mo long ao the said property ie served by sewer service from the City, shall run with the
land, binding the Property Owner, Property Owner's uxmigua, heirs, transferees, Successors in
Interest and all who derive un interest therein.
THIS AGREEMENT shall he recorded in the CloUom County Auditor's ()ffioe and ohuU be
referenced upon any or other instruments conveying uo interest in said property.
I
E}CBCD ,3Ui4bxr the Ptope�y m>.
Property Owner
STATE OFWASHINGTON )
)sm.
COUNTY(}P(�A+,+,-AM )
On this ���`',_duy of 2014, before me, a Notary Public for the State of
Washington, duly uwznnniami000d and avpomi/Permmnoly appeared
me known to be the individual(s) Wouu6bed in and who executed the foregoing luobuooeu< and
acknowledged the said instrument to be Uheidbis/bcr free and voluntary act and deed, for the uses and
purposes therein itientioned, and on oath stated that they/he/she/is authorized to execute said instrument,
Given under u/y hand and offiuiu\ seal the day and year first it)this certificate above written,
Pu lie i and for the State of k/A
Notary Public re. ing at
State of Washingtori M' corrunission expires:
My A
ppointment Expires Sep 13, 2014
�
AGREE ME NT TO ANNEX
EXECUTED this 3 day of 2014 for the City of Port Angeles, a
Municipal Corporation
BY: —------
Titl C-W pr)
City of Port Angeles
STATE OF WASHINGTON)
) ss'
COUNTY OF CLALLAM )
Oil this _J42-1, day of
2014, before rn�, a Notary Public for the State of
Washington, duly cQj i stoned �A� - to
jin tied an swo i, per o all appeared
ation executed
me known to be the of the muniCipa Corpor,
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.
Given tinder my hand and official seal the da and year first in this certificate above written.
C e
0 f Notary Public in and for the Si of Washington,
ty�y 4b
0S residing at Port Angeles.
A
S
My commission expires:
C
TE
Attest:
r
a es' Hurd,City Clec
NAMMENGINEERWastewater CorrespondenceTast UGA Sewer Connections\Connecting to EUGA 2014\3456 E Hwy 101 Doces\3456 E
Hwy 101 Agreement to Annexation.docx
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