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Home My WebLink About5.886 Original Contract .~ 5. ~Slp 'fp I, , 2008-1223593 Page 1 of 4 Rgreement Port Rngeles City Of Clallam County Washington 07/08/2008 10 54 19 RM 1III ~IIII\ ~I:"U" ,~~l"'l,t~l,t~' ,~lIrt\l~r,l"'M' lk-l1~.~I~ 11111 ~T.I:cR RECORDING RETURN TO: Cny (If Port Angeles Pubhc Works and UtIlItIes Department P.O. Box 1150 * 321 E 5th St. P,m Angeles, W A 98362 DOCUMENT TITLE: GRANTORS: AGREEMENT TO ANNEX Tyler & Guy Auto Body Repair GRANTEE: CITY OF PORT ANGELES LEGAL DESCRIPTION ( abbreviated): Bayview Second Addn Lots 1-4 Ex R!W Lots 5-8 SL 5, Block 2, Survey V 61 P74 2912 E Hwy 101 ASSESSORS'S rI,X/PARCEL NO(S): 0530075125000000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of 'Nashington (he:-emafter the "City"), and Tyler & Guy Auto Body Repair, 2912 E Hwy 101, Port Angeles, W A 98362. Parcel Number: 0530075125000000 (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 t.he City of Port Angeles and hereby makes application therefore; and -1- "; I WHEREAS, it is appropriate that the Property Owner grant to the City of Port Angeles Property Owner's permission to annex the property when it becomes eligible for annexation into the City of Port Angeles. NOW, THEREFORE, IT IS AGREED BETWEEN 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 ofthose conditions. 2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as follows: Bayview Second Addn Lots 1-4 Ex R/W Lots 5-8 SL 5, Block 2, Survey V 61 P74 located in Clallam County, State of Washington, (hereinafter "the Property"). The City of Port Angeles 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 ofthe City of Port Angeles providing said utility service; the Property Owner hereby grants and conveys to the City of Port Angeles a Special Power of Attorney to exercise any and all rights said Property Owner, 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: (a) To petition to the City of Port Angeles for annexation of any part or all of the property described above, which petition shall conform to the provisions of paragraph (b) below. (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 of Port Angeles for annexation of property to the City of Port Angeles with zoning consistent with the ordinances of the City of Port Angeles 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 ofthe City of Port Angeles bonded indebtedness at the time of annexation. (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 Power of Attorney shall be considered a power coupled with an interest and may not be terminated except at such time as the above descnbed property is no longer served by sewer -2- . ) ) (AnnexatIOn Agreement) facilities by the City of Port Angeles. The Property Owner agrees to sign any and all notices, petitions and other documents requested at any time by the CIty leading to the annexation ofthe property to the City of Port Angeles. 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. GOVERNIN G LAW: This agreement is subj ect to all statutes and regulations ofthe United States and the State of Washington and ordmances and polic;;ies of the City of Port Angeles, relating to the provision of utility service by a municipal provider. Ifthe City of Port Angeles 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 Power of Attorney touches and concerns the real property descnbed above and so long as the said property is served by sewer service from the City of Port Angeles, shall run with the land, binding the Property Owner, Property Owner's assigns, heirs, transferees, Successors in Interest and all who perive 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 mterest in said property. of -SUL Y ST ATE OF WASHINGTON) ) ss PROPERTY OWNERS COUNTY OF CLALLAlvI ) -Uy C~~e\ On thIS 3- day of __4~__, 200~, before me, a Notary Public for the State ofWashmgtoEJ duly cOmmIssIOned and sworn, personally appeared -T'f,uect. "Ba.~~",~ ,- , to me known to be the mdlVldual(s) de~rM~ed m and who executed the foregomg mstrument, and acknowledged the Said mstrument to be theIr/hIs/her ({,,\\\l>>ct.rof~ act and deed, for the uses and purposes therem mentIoned, and on oath stated that they/he/she are/~~\t-o>>!~d 'd~~~ Said mstrument. ~ ~ ,...-..... ~ ~ ~ ~/ ..... ~ ~ GIv~l1Iiifr$19l.ttS in<\&~l seal the day and year first m thIS certIficate above wntten. =: \ 03/01112 ::: r\ .. ~ .. % ~ ,oUBL'(. l ~ g L" ~~'Lr\~~ ~\Ai..(.~ ~ "''''~ ./ J....C $ Notary PublIc m and for the State ofWashmgton, % ~ O/.._....~\~~ ~ resIdmg at Port Angeles ~ ""*111' WAS \\\\\\~ My COmmISSIOn expIres' I ~ '//1111111\\\\ -3- t . . (Agreement to Annex) ~~ , EXECUTED this ~ day of ~..., '-'~ , 200 8" for the City of Port Angeles. CITY OF PORT ANGELES, a Municipal CorporatIon BY:~.~ Title: l~~ ?"'C!>""~(.. '- ~~ 8- '"""'1.0'" f!;;f STATE OF WASHINGTON) ) ss COUNTY OF CLALLAM Ga L..~loj A c ~ rt.el. , City of Port Angeles CITY OF PORT ANGELES On thIS ~ day of c!Ul..'t , 200~, before me, a Notary-PublIc for the State ofWashmgton, duly comrmssIOned and sworn, personally appeared G:,.Le:. ~1oJ ~ ~~.rn"l1i(' , to me known to be the ~\)~LA ~ U)otL~ "'))~_, of the mUnIcIpal corporatIon that executed the wIthm and foregomg mstrument, and acknowledged SaId mstrument to be the free and voluntary act and deed of saId munIcIpal corporatIOn, for the uses and purposes therem mentIoned, and on oath stated that he/she was authOrIzed to execute SaId mstrument. GIven under my hand and offiCIal seal the day and year first m thIS certIficate above wrItten. ~\\\\\\\"'I/"1I1111111. 0 04 L 4pY"\.~ ~ ~ L''P ( ~"'\ ~.... ..lo.. ~ \\ \ N E Ii IA. I'~ Notary PublIc m and for the State of Washmgton, ~ A... 'V <'~ ~ ~ '" l-s,;:;::. resIding at Port Angeles _~ c" ..a.OT"II ~ ~ _ ~ 1-:.::: My comrmSSIOn expIres: fa ~ 03/0", 2 ~ C\DATA\WPlAgreementtoAnneX~d; "tiS C. $ ~ ,. L' ~ ~ .:::: ~ ~ .........0 ~ ~ 0 ........ <:>"' ~ % It WAS~\~ ,~ 1'111. \\\'\ 11111/ 1111 \1\\\\ 3t. \. \ '! (;: -4-