HomeMy WebLinkAbout001180 Original Contract 0City of Port Angeles
Record#00iiBO
2017-1344580Pase 1oI 4 Asreement
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AFTER RECORDTNG RETURN TO:
City ofPort Angeles
Public Wo*s and Utilities Departneot
P.O- Box I 150
321 E 5rh Sr
Port Angeles, WA 98362
DOCUMENT TITLE:
CRANTORS:
AGREEMENT TO ANNEX
Thomas J. McKeown and Ida L. McKeown (Husband and Wife, Owner
ofsubject property)
City ofPort AngelesGRANTEE:
LEGAL DESCRIPTION:
Parcel A: Lots I through 3, inclusive, ofSubdivision 2 ofBlock 3 of
Bayview Second Addition to Port Angeles, as per plat thereofrecorded
in Volume I ofplats, page 87, Records ofClallam County, Washington.
Parcel B: Lots 5 through 8, inclusive, ofSubdivision 2 ofBlock 3 of
Bayview Second Addition to Pon Ang€les, as per plat thereofrecorded
in Volume I ofplats, page 87, Records ofClallam County, Washington.
Parcel C: Lot 4 of SuMivision 2 ofBlock 3 ofBayview Second Addition
to Port Angeles and Lots I and 2 Subdivision 3 ofBlock 3, Bay.view
Second Addition to Pon Angeles, as per plat thereofrecorded in Volume
I ofplats, page 87, Records ofClallam County, Washington.
Description per Deed ofTrust recorded under Clallam County Audilor's
File No. 2005 - 1169874
Situate in County of Clallam, State of Washington.
(property more commonly known as 320 Kemp Sreet,30l Avis Street,
and 302 Kemp Street)
ASSESSOR',S PARCEL NO. 0s3007s 132000000, 0530075 132500000, 0530075133000000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation ofthe State of Washington (hereinafter the "City"), and Thomas J.
McKeown and lda L. McKeown, husband and wife, property owner (hereinafter the "Property Owne/'), in consideration ofthe mutual
coyenants set forth herein, agree as follows:
WIIEREAS, the Property O'i .ner is the recorded owner ofproperty located within Clallam County, Washington described
below; and
WHEREAS, it is the desire ofthe Property O&ner that said property be served with sewer from the City and
hereby makes application therefore; and
WHEREAS, it is appropriate that the Property Oumer 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:
l. PIIRPOSE: 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 ofthose conditions.
2. PROPERTY SERVED: The property that is the subject ofthis agreement is described as follows
Parcel A: Lots I though 3, inclusive, of Subdivision 2 of Block 3 ofBayview Second Addition to
Port Angeles, as per plat thereofrecorded in Volume I ofplats, page 87, Records ofClallam
County, Washinglon-
Parcel B: Lots 5 though 8, inclusive, of Subdivision 2 ofBlock 3 of Ba1'view Second Addition to
Port Angeles, as per plat thereofrecorded in Volume I ofpla*, page 87, Records of Clallam
County, Washington.
Parcel C: Lot 4 of Subdivision 2 ofBlock 3 ofBay"riew Second Addition to Port Angeles and Lots
I and 2 Subdivision 3 ofBtock 3, Bayview Second Addition to Port Angeles, as per plat thereof
recorded in Volume I ofplats, page 87, Records ofClallam County, Washington.
Description per Deed ofTrust recorded under Clallam County Auditor's File No- 2005 I169874
(prop€rty mo.e commonly known as 320 Kemp Steet, 301 Avis Street and 302 Kemp Street)
The City hereby agrees to provide sewer service to the above described property.
AGREEMENT NOT TO PROTEST AIINEXATION: The Property Owner understands that the City
contemplates annexing the property served herein. In consideration ofthe City providing said utility service,
the Property Owner hereby grants and conveys to the City a Limited Special Power of Attomey to exercise
any and all rights ofsaid 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 atrnexation ofall ofthe property described above, which petition shall
conform to the provisions of paragraph (b) below; and
(b) To accomplish all steps necessary or proper lor the annexation of said property under RCW
354.14 and the ordinances and regulations ofthe City for annexation of property to the City with zoning
2
consistent with the ordinances of the City and with the condition that ProPerty O}!'ner or the owner's
Successors in lnterest will be required to assume no more than a fat share ofthe City's bonded indebtedness
at the time ofannexation; and
(c) To sign any and all letters, petition and other documents necessary to accomplish said
annexation on behalfofany Successors in Interest as defined above.
This Limited Power of Attomey 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
Ciry.
The Property O\ .ner agrees to sign any and all notices, petitions and other documents corsistent herewith
requested at any time by the City leading to the annexation ofthe property to the City. The Property Owner
does not waive any applicable right to vote in an annexation election or to participate in any arutexation
review procedures provided by statute.
GOVERNING LAW: This agreement is subject to all statutes and regulations of the United States and the
State of Washington and ordinances and policies ofthe City, relating to the provision ofutility service by a
municipal provider.
Ifthe City resolves to annex the abovedescribed 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 concems 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 1) ? dav or 2017 for the Property Owner(s)
J/dz-
Property Owner
STA OF WASHINGTON
SS
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)
COI.,NTY OF C
On this
Washington, dul
LALLAM )J qY\ eq,r.l , 2017, before me, a N otary Public for the State of
y commissioned and sworn,fir[onally appeared
t\day of
L.to
be the individual(s) described in and who executed the foregoing iostrument, and acknowledged the said instrument
to be thet/EEL Aee and volmtary act and deed, for the uses and purposes therein mentioned, and on oath stated
that they/@!E/is authorized to execute said instrument.
.,
4.
{ory'
AGREEMENT TO ANNEX
my hand and official seal the day and year first in this certificate above wrinen
t^.J. t.vr. Q._--Sr^*-,
Notary ic in and the State of ia6
residing at
My comm lssron expres:
ralll ltr EXEC UTED this lL Ay of {aar,a.V , 20t7 for the Ci ty of Pon Angeles, a Municipal
C
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o* tn I
Bv
Title
On this
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City of Port Angeles
STATE OF WASHINGTON )
) ss.
COUNTYOFCLALLAM )
v\-)n
c SS
day of
ds personally
,2017,me,aN Public for the State of Washi ngton, duly
to me known to be the
of the municipal c on that executed the within and foregoing
instrumenl, and acknowledged said instrwnent to be the free and voluntary act and deed ofsaid municipal corporation,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument.
Given under my hand and official seal the day and year firsl in this certificate above written.
W /r''
Notary Public in and for the State of Washington,
residing at Port Angeles.
My commission expires:aoen
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