HomeMy WebLinkAbout001278 Original Contract City of Port Angeles
Record #001278
2017-1353333
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 08/1112017 02:36:06 AM
Bill NP11MV11alo,"fie%ViN h110111yawl 11111
AFTER RECORDING RETURN!Q�
City of Port Angeles
Public Works and Utilities Department
321 E 5th St.
Port Angeles,WA 98362
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Marion R.Nave, an unmarried person
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
Lot I of Dalman's Short Plat recorded in Volume 2 of Short
Plats, page 75, under Clallam County recording number 463551,
being a Short Plat of Lot 3, Goddyn's Addition to the City of
Port Angeles, Clallam County, Washington, according thereof
recorded in volume 2 of Plats, Page 43, Records of Clallam
County, Together with the south half of vacated First street, the
east half of vacated Lindsay street, and the north half of vacated
Second street adjoining, which upon vacation attached to said
premises by operation of law.
Situate in County of Clallam, State of Washington.
(property more commonly known as 2822 East Myrtle Street)
ASSESSOR'S PARCEL NO. 0530075390000000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington(hereinafter
the "City"), and Marion R. Nave, (hereinafter the "Property Owner"), in consideration of the mutual
covenants set forth herein,agree as follows:
WIJEREAS,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
WHERE'AS, 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, ITIS AGREJ`11) BETWEF"N 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.
1 PROPERTY SERVED.- The property that is the subJect of this agreement is described as
follows:
Lot I of Dalman's Short Plat recorded in 'volume 2 of Short Plats,page 75, under
Clallarn County recording number 46355 1, being a Short Plat of Lot 3, Goddyn's
Addition to the Cit
I y of Port Angeles, Clallam County, Washington,according
thereof recorded in volume 2 of Plats, Page 43, Records of Clallam County,
Together with the south half of vacated First street, the east half of vacated Lindsay
street, and the north half of vacated Second street adjoining,which upon vacation
attached to said premises by operation of law.
Situate in County of Clallam, State of Washington,
(property more commonly known as 2822 East Myrtle Street)
hereinafter"the Property":
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) "I"o 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 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.
2
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.
"Chis 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 So day of 00 c4 2017 for the Property Owner(s).
Property Owner
STATE OF WASHINGTON
)ss.
COUNTY OF CLALLAM
On this day of 2017, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared 1' ca# VQ..., to
me known to be theP:s VIZ-tcyA .02�01�411�.exeCLJted the within
and foregoing instrument, and acknowledged said instrument to V� e free and voruntary act and deed'
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 day and year first in this certificate above written,
Notary*lic in and for the State of
sslo,v
residing at Pcv-4- �As
8 0 My commission expires: 'S—1
Z
AGREEMENT TO ANNEX
EXECUTED this 10 day of A-jQ 2017 for the City of Port Angeles, a
Municipal Corpora ion
By:
Title: City of Port Angeles
STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day of A'V?v5'r
11 , 2017, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared to
xecuted
me known to be the pvll . pt'44 etm�
the within and foregoing instrument, and acknowledged said instrument to be;tlip.free and voluntary act
k
and deed of-,� 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 sea]the da,,,v and year first in this certificate above written.
Notary Public in and for the State of Washington,
residing at Port Angeles. P0>0
My commission expires:
Attest: .`
0"OTARY
Z comm.VV0%S
VM\a
Jtniferyeneklasen, City Clerk Z
ok 200
N:TWKSTNGINEERwastewater CorrespondenceTast UGA Sewer Connections\Connecting to EUGA 20IT2822 E Myrtle St\Annexation
Agreement single owner unmarried template.doc
4