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Home My WebLink About5.891 Original Contract " '" 5, ~q J " ~ ~f 2008-1223592 Page 1 of 4 Agreement Port Angeles Clty Of Clallam County Washlngton 07/08/2008 10 54 19 AM .11' ~I(~~ rll.)~~~ I~~~~-II~ It~' It~u~.r:r~'llft~~I,:~, ~I~ 11111 AFTER RECORDING RETURN TO: CIty of Port Angeles PublIc Works and UtIlIties Department P,O. Box 1150 * 321 E 5th St. Port Angeles, W A 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION AGREEMENT TO ANNEX Donald & Shirley Gillogly Trust CITY OF PORT ANGELES Reed and McBride's Subdivision Lots 10-13 & Vac alley abutting Block 4 2023 East Fourth Ave, Port Angeles, WA 98362 ASSESSORS'S T AXlP ARCEL NO(S): 0630125904360000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washmgton (hereinafter the~"City"), and, Donald & Shirley Gillogly Trust, 2483 Doe Run Rd, Sequim, W A 98382, Parcel Number: 0630125904360000 (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 the City of Port Angeles and hereby makes application therefore; and '. . , . \.1 -. I' - lL" . ".," - ... -1- "l'~\ . '. WHEREAS, it is appropriate that the Property ,Owner grant to the City of Port Angeles Property Owner's permission to annex the property when j t becomes eligible for annexation mto 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 of those conditions. 2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as follows: Reed and McBride's Subdivision Lots 10-13 & Vac alley abutting Block 4 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. i~ ~. , 3. '.~h AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner understands . !, " that the City contemplates annexing the property served herein. In consideration ofthe City (f~ 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, hen holders or other persons who may claim an interest in said property, hereinafter referred to as "Successors in Jnterest," 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. , (h) To accomplish all steps necessary or proper for the armexation 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 armexation. (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. ,,~. t". < P-';,:: ~~ . - I,! 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 described property is no longer served by sewer -2- (Agreement to Annex) facilities by the City of Port Angeles. The Property Owner agrees to sign any and all notices, p.etitions and other documents requested at any time by the City leadmg 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. GOVERNING LAW: This agreement is subject to all statutes and regulations ofthe United States and the State of Washington and ordinances and policies ofthe City of Port Angeles, relating ~o the provision of utility service by a municipal provider. If the 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 described 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, .0 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 referel)ced upon any or other instruments conveying an interest in said property. , 200~ for the Property Owner(s). . ~~/~ hoperty Owner C) STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) On thiS '2& -rn day of S u."tJ e , 2008 , before me, a NotarY Public for the State ofWashmgton, duly commissIOned and sworn, personally appeared lY:J~() ~ Si-I.tl2-u::.'1 c;, I J....LOfq L ~ ' to me known to be the mdlvldual(s) descnbed m and who executed the foreg01l1g 1I1strument, and acknowledged the said 1I1strument to be thelr~t:.free and voluntary act and deed, for the uses and purposes there1l1 mentIOned, and on oath stated that they~ are/i&authonzed to execute said 1I1strument PROPERTY OWNERS Given under my hand and offiCial seal the day and year first 111 thiS certIficate above wntten. Notary lIc 111 and for the State of Washmgton, residmg at Port Angeles. My comrmsslOn expires / ) ~ J S ~ J-.D) I m /N2.V Lou -r rprUJVl ) NO /ltfLy P 1I. BU C- -3- .. ". " . .,' (Agreement to Annex) EXECUTED this 1.. ~ day of J 1.0 '-"-\ , 200 ~ for the City of Port Angeles. By: ~ ~ G:t\ctJ"\ ^ A.. C""c..esz. Title: "t>t'CLE''-'N n... '",,'\I.~l~ ~"A.'u. , City of Port Angeles uTl'-'\,"~ STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) CITY OF PORT ANGELES On thIS Z~ay of ,..l~""",..., , 2oolO_, before me, a Notary PublIc for the State ofWashlllgton, duly commIssIoned and sworn, personally appeared _~~_\:L_~__~ e. , to me known to be th~\l~Ut..IJ1"fUC:6 (:D\.U cr1)<<., of the munIcIpal corporatIOn that executed the Wlthlll and foregomg mstrument, and acknowledged saId lllstrument to be the free and voluntary act and deed of SaId mUnIcIpal corporatIOn, for the uses and purpl;\~-e3\iH~H![fj.wmtIOned, and on oath stated that he/she was authorIzed to execute SaId mstrument ~,,\\ ~\~E R IN~ 1///..;;.. GIven ~~ltt~1i.aiicr'~~fi~1 seal the day and year first III this certIficate above wrItten ::"t'l~otARr\~~ (> . ~ -v/~ . - -...\.... ., _ :: : 03/01/12 i ::: {~~l'\V\.~ .....~~ ~ '" \ ' i ~ :; Notary PublIc m and for the State ofWashmgton, -;::;~.,oUBL\""'O~ ~ '? .... .... I...:, .:::- resIdmg at Port Angeles. ~ "'r'.. ..(:t~ - ~ ~ ........... \~ ~ My COmmISSIOn expIres: :3 t \ 'l.. 1/1: OF WAS~ ~~ 'III/ \\\" N \PWKS:ENGINEER\FORMS\AgrJfl,Uj'1U'J\J\\\~pd wpd -4-