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Home My WebLink About5.898 Original Contract 5.gQg 1f / J' 2008-1227082 Page 1 of 4 Agreement Port Angeles Clty Of t 09/26/2008 09 29 33 AM .il\MI~.Ctij:(~~r~,:i,\,~ttNI ~'l,~lIltl~"I"11 rI'~~IIA 11111 AFTER RECORDING RETURN TO: CIty of Port Angeles Pubhc Works and UtIhtIes Department POBox 1150 * ill F, 5t], St. Port Angeles, W A 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION AGREEMENT TO ANNEX Mercedes H. Iturralde-Cueva CITY OF PORT ANGELES Mallette's AddItion Lots 6-8, Block:14..~ , 2421 East'Pioneer Rd ... " ~ -..I> ., ~ ASSESSORS'S T AXIP ARCEL NO(S): 0630125714100000 AGREEMENT TO ANNEX The CITY OF POR".::' ANGELES, a m~micipa! corpor~..tion of the State of W~;shington (hereinafter the "City"), and, Mercedes H. Iturralde-Cueva, 1002 Glenwood Street, Port Angeles, WA 98362 Parcel Number: 0630125714100000 (hereinafter the "Property Owner"), in consideration of the mutual covenants set forth herem, agree as follows: WHEREAS, the Property Owner is the recorded owner of property located withm 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 -r:f I :'.' -1- / .-" " 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 of those conditions. 2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as follows: Mallette's Addition Lots 6-8, Block 14 2421 East PIOneer located in Clallam County, State of Washington, (hereinafter "the Property"). The CIty of Port Angeles hereby agrees to provide sewer servIce to the above descnbed 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 providmg 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. (h) To accomplish all steps neCe3Sarj ~r proper ':-or ,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 described property is no longer served by sewer -2- I , .' (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 III 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. Ifthe City of Port Al1gelf's resolves to annex the above-des(;nb~d property pursmmt 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, bindIllg the Property Owner, Property Owner's assigns, " heirs, transferees, Successors in Interest and all who derive an interest therein. '. THIS AGREEMENT shall be recorded III the Clallam County Auditor's Office and shall be referenced upon any or other instruments conveying an interest in said property. EXECUTED thIS ~ day of ~\.. \ \~ ~ !fJ;;-~~ Property Owner , 20~ for the Property Owner(s). Property Owner STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) On thIS _~ day of _.:s:~\I ' 200_~, before me, a Notary PublIc for the State ofWashmgton, duly cOillilllssIOned and sworn, personall~ appeared 'VY\o<~s. ::i:-~ I (~(1 \ cltz., , to me known to be the mdlvIdual(s) descrIbed m and who executed the foregomg mstrument, and acknowledged the saId mstrument to be theIr/hIs/her free and voluntary act and deed, for the uses and purposes therem mentIOned, and on oath stated that they/he/she arehs authOrIzed to execute saId mstrument. PROPERTY OWNERS GIven under my hand and offiCIal seal the day and yea ~ a. NOTARY PUBlIC STAT~ OF WASHINGTON SARAKM. ACUNA Mr ..".M"""'" ....SIIlL \4, 2010 ~ Notary C m an for the State ofWashmgton, resIdmg at Port Angeles My COillilllSSIOn expIres: ~ f\ \ 4 ~D \,0 -3- ., ,/ ..J (Agreement to Annex) ",I} ~ EXECUTED this LT.- day of --J v '-'"1 , 200~ for the City of Port Angeles. BY:1:P.~ ~ Gt..t~^' A Cvrl--9l.. Title: '1>,TI-E""t-Na. PV~LjL. , City of Port Angeles '-0 (t iC. ~ ~ VTh... \) oe-i STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) CITY OF PORT ANGELES On this ~7.. day of ~u.. '( , 200~, before me, a Notary Public for the State ofWashmgton, dlll~r comnusslOned and sworn, personally appeared 6"LeLW ~ ~'-E.e , to me k1:0Wll to be th~'O\"\<L ~ ~\,"M'ClCL, of the mumclpal corporatIOn that executed the wlthm and foregomg mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of said mumclpal corporatIOn, for the uses and purposes therem mentIOned, and on oath stated that he/she was authonzed to execute said mstrument. ~\\\"III'!~!l1. Given ~r ii1hWu, ~lIofficlal seal the day and year first m thiS certificate above wntten. #'+~" ot~+~ ~. ~ ! ~ OTA. ~~ ~ :rr.r\,,~ ~ ~".. ~... ~ Notary Public m and for the State ofWashmgton, ~ OJ/OtlU E resldmg at Port Angeles '% ~ ~CI..." : $ My comnussIOn expires. ~,\\'Z. % "';Cl' b'" I N \PWKS\ENGINEER\~so,.elllfJ1l.t'S~~#Pd ~,/" " " '!\,\\'\ ""1111 11I11' ,\\\~ -4-