The URL can be used to link to this page

Home My WebLink About5.903 Original Contract 5. Qo3:, 1f: 2008-1225012 Page 1 of 4 Agreement Port Angeles Clty Of Clallam County Washlngton 08/07/2008 01 36 21 PM 1III ~'i'.~ rl'~~~" I~-r,~~~ I~~' I~' ,~~'r, ~v'rr 1.j.1:~~! ~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 DESCRfPTION (abbreviated) : AGREEMENT TO ANNEX Joyce Bay CITY OF PORT ANGELES Robson's Addition to Port Angeles, Vol 3, Page 8 Wasankans Sh0l1 Plat, Lot 3, Vol 3, Page 33 (more commonly known as1215 Leo Lane, Port Angeles) ASSESSORS'S TA.I'UPARCEL NO(S): 0630085290200000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (heremafter the "City"), and Joyce Bay, 525 East 4'11 Street, Port Angeles, W A 98362. Parcel Number: 0630085290200000 (hereinafter the "Property Owner"), in consideration of the mutual covenants set f0l1h 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 utilIty services from the City of Port Angeles and hereby makes applIcation therefore; and -1- WHEREAS, it is appropriate that the Propel1y Owner grant to the City of Port Angeles Property Owner's pemlission 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: I. PURPOSE: The Port Angeles City Council has authorized the extension of City utility services into the Urban Growth Area, and the Property Owner will be using said City utility service. The approval to use the City's utility services 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 of this Agreement is described as follows: Robson's Addition to Port Angeles, Vol 3, Page 8 Wasankaris Short Plat, Lot 3, Vol 3, Page 33 (more commonly known as 1215 Leo Lane, Port Angeles) located in Clallam County, State of Washington, (hereinafter "the PropeI1y''). The City of Port Angeles hereby agrees to provide utility services to the above described property. 3. AGREEMENT NOT TO PROTEST ANNEXATION: The Propel1y Owner understands that the City contemplates annexing the property served" herein. In consideration of the City of Port Angeles providing said utility services, the Property Owner hereby grants and conveys to the City of Port Angeles a Special Power of Attomey 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 mterest in said property, hereinafter refelTed 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 lor the annexation of said property under RCW 35A.14 and the ordmances and regulations of the City of Port Angeles for annexation o fpropel1y to the CityofPort 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. -2- . (Agrcemcntto Annex) This Power of Attomey shall be considered a power coupled with an interest and may not be tel1l1inated except at such time as the above described property is no longer served by the CIty of Port Angeles utIlity facilities. 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 of the property to the City of Port Angeles. The Property Owner does not waive any applicable right to vote in an annexation election or to pm1icipate in any annexatIon review procedures provided by statute. 4. GOVERNING LA \V: This agreement is subject to all statutes and regulations ofthe Umted States and the State ofWashmgton and ordinances and policies of the City of Port Angeles, relating to the provision of utility service by a municipal provider. If the City of Port Angeles resolves to annex the above-described propel1y 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 Attollley touches and concems the real propel1y described above and so long as the said property is served by utility services from the City of Port Angeles, shall run with the land, binding the Property Owner, Property Owner's assigns" heIrs, transferees, Successors III IIIterest and all who derive an interest therein. THIS AGREEMENT shall be recorded in the Clallam County Auditor's Office and shall be referencedllpon any or other mstrllments conveYIl1g an interest in said property. ~ day or~~, 200X for the Property Owner(s). f~~ Property Owner EXECUTED this STATE or WASHINGTON) ) ss PROPERTY OWNERS COUNTY OF CLALLAM ) On rh"~'y of L:;:L:iI' . ,~+. 200 L. berm' m,. , No",y Pobh, forth, S"r, of W"hingron. duly c0l111111ssioned and swom. personal yappl.'ared -=-s-~ r ~ L. ~ \ . to me known to be the lIldl\ ldual(s) descnbed 111 and who executed the fOlegb111g ll1strument:';;;i;;Ino\\ ledged the said instrument to be their/Ills/hel flce and yoluntary act and deed. 1'01 the uses and purposes thelelll mentIoned, and on oath stated that they/he/she arells authOllzed to execute saId 111strumcnt. -3- . ,}"" (Agleement to Annex) ;..\\\\\\ \ IIIII/I/III/, # ~R ~ ' .#' .. ~'e'h lh~'A.lfY~land and official seal the day aII2year first III this certificate above Written, ~ I,I~ ........... (\~ ~ ;::: ^v..- -'. r~ ~ :::' '<if I-.\.OT.4" '. v -::;. ~ I~ )-\(I)~ - ' ~ f1 iEXP. 02.24.2012: ~ Notary Pubhc 111 and for the Sta fWashington, - .., . . C!: - 'd P I S ." ... ,olJ 8 \ C ; 0 ::: resl mg at ort Ange es ? L / ~ ~ ..... L .....,.::- ~ My conu11Ission expires~ d'7 -/:2- ~ 0 ......... ~ V' ~ k . ~ ~ WAS"" -# j'11/, ;..\\"\ 1'111/111/11\\\\\\\ EXECUTED this 'I . day of J~o\u.u~-r ,200~ for the City OfP0l1 Angeles. CITY OF PORT ANGELES, a Municipal Corporation By: G~r-tc~ Title: "1>~C.TW1L '"P'- to CoITJ,-,Ot"J , City of Port Angeles STATE OF \V ASHINGTON ) ) ~s. COUNTY OF CLALLAM CITY OF PORT ANGELES On this l day of OGe;. 0-.-. 2ooii, befole me, a Notal)' Public for the State ofWashll1gton, duly commissioned and swom, personally appeared C, ~t.J l!-lrrt....G ~ , to me known to be the }" ~"""~ ~~ ~~.Q,,1:P~, of the mUl1lclpal corporatIOn that e:>..ecuted the \\ Itllln and foregoll1g ll1strument, and aCkllO\\ ledged ~ald lI1stnm(RmfP be the free and voluntary act and deed of said mUl1lclpal corporation. for the uses and pUlvoses therem me9.\\u>>~~~aI1Wlfw,l)~th stated that he/she \Vas authorIzed to execute said instrument. ~ ~\"'1: R 11v~ /1/. ~ ..:A ~ ........ ..s- ~ Given ul1de~n~~?(r and Orr4lfI~~ the day and year filst III tlus certIficate abo\'e \wltten. ~JI+otAIIJr")..-\~ '(") \_' " ' ~ \' 03/01/12 ~ \ _. .c:~~:b,~.5I"_~\L't,.J '\~^'-.. \~ :: '" I> II \(. ~::: Notar)' Pubhc 111 and for the State of \V as!lIngton, ~""\'."'vBL "0'::: ~ ~ ";. ........ ...,,' <>" ~ resldlllg at Port Angeles ~ ~ ........ \~ ~ My COl1mUSSlOn expnes' 3. \ - \.~ ~/1. OF WAS y.. \\\\~ 111111 \\\\\\ C'DAT,\,\\PI\grcclllclll.o \nnc,,'pJ 1111\1\ -4-