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2008-1223733
Page 1 of 4 Agreement
Port Angeles CIty Of
Clallam County WashIngton 07/11/2008 09 25 43 AM
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AFTER RECORDING RETURN TO:
CIty of Port Angeles
Pubhc Works and UtIhtIes Department
PO. Box IJ50 * 321 F 5thSt
Port Angeles, W A 98362
DOCUMENT TITLE:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION
AGREEMENT TO ANNEX
Larry and Sylvia Strohm
CITY OF PORT ANGELES
Carroll SP Lot 2, V 4 P 98
Section 7, Township 30 North, Range 5 West, W.M
ASSESSORS'S
T AX/P ARCEL NO(S):
0530073290300000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington
(hpreina"'tpr thp "rI't,,") 'lnil L"'"'"'y "nil <;::vl"'a <;::troh'>"" '18"1 t:; l\1yrtle C'~~~~t DC~' ^ ~('Pl~- 'Xl to\.
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98362, Parcel Number: 0530073290300000 (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, Washmgton 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
WHEREAS, it is appropriate that the Property Owner grant to the City of Port Angeles
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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 of those conditions.
2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as
follows:
Carroll SP Lot 2, V 4 P 98
Scclioo 7, Township 30 North, Range 5 West, W.M
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
!.mler RCW 35A.14 and the ordinances and ~.egulations of the City of Port Angeles far
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 of the 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.
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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
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(Agreement to Annex)
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. 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 to the provision of utIlity service by a municipal provider.
If the Clt~' afPoct Angeles resolves to annex th~.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,
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.
E~ED th~h -X""\ "
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Property Owner
STATE OF WASHINGTON)
) ss
COUNTY OF CLALLAM )
PROPERTY OWNERS
On thiS ~ day of ~~\ u , 200~, before me, a Notary Public for the State ofWashmgton,
duly cOmmIssIOned and sworn, personally\.appeared L~,(,,~\A Cl..'C\o. c:,u \ VIQ Srt", l'\\.w-. , to me known
to be the mdlvldual(s) descnbed m and who executed the foregomg mstruinent, and acknowledged the saId mstrument
to be therr/hIs/her free and voluntary act and deed, for the uses and purposes therem mentioned, and on oath stated that
they/he/she arelIs authonzed to execute saId mstrument
GIven under my hand and offiCIal seal the day and year first m thIS certIficate
\j
Notary Public m and for the Stat of
resldmg at Port Angeles
My COmmISSIOn expires: a - Lt - \- \
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(Agreement to Annex)
EXECUTED this J 4" '" day of J v .... 'f ' 200.3 ' for the City of Port Angeles.
By:~e.l\^ A. C~'T~-A ~~ ,
Title: )),2.Ec..~ L ~"Q~, '" , CIty of Port Angeles
"",,"oCllc J ~ ,,"J)v.1)e;J
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
On thIS B- day of ~,,\...'\ ' 200~, before me, a Notary PublIc for the State ofWashmgton,
duly cOmmlssIOned and s '..rom, personally appear.:;d Cot _~ JJ.., e.u'T t....e f. , to me known
to be th~~ l~ \DOCll~ n\. ~t ~j(. , 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 authonzed to execute saId mstrument.
CITY OF PORT ANGELES
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GIven under my hand and offiCIal seal the day and year first m this certIficate above wntten
{)~~xU-~ ~\..^-~L~:'.
Notary Pubhc m and for the State ofWashmgton,
resIding at Port Angeles. ~,. I j 7 .
My COmmlSSIOn expIres ~
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