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HomeMy WebLinkAbout5.908 Original Contract #. 5. qD8 1(: ~ AFTER RECORDING RETURN DOCU:r-,fD1l.T'T' 'T'n. City of Port Angeles 2008-1226977 Page 1 of 4 A PublIc Works and UtllItles Department Port Angeles Cl ty 6~eement PO.Box 1150*321 East fifth Street .clalllli~~ County Washlngton 09/23/20080229 10 PM Port Angeles, W A 98362 n~ . N~I,l~ 11R\:1~"~r.~, r~ll MtlW',~ ~1!p~r~~~lIj 1'111 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION ASSESSORS'S T AX/P ARCEL NO(S): AGREEMENT TO ANNEX JEAN PARK RYKER CITY OF PORT ANGELES That portion of the East Half of the East Half of the South West Quarter of Section 8, Township 30 North, Range 6 West, W.M., Clallam County, Washington; lying north of Highway 101; Exc the North Half of the North Half of the South West Quarter; and except the East 30 feet for "I" Street. Tx # 5513 06300831022500000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and Jean Ryker, (3558 Deer Park Road, Port Angeles, W A 98362), Parcel # 0630083102250000 (hereinafter the "Property Owner"), in consideration ofthe 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 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 r/ ~ , 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: That portion of the East Half of the East Half of the South West Quarter of Section 8, Township 30, North, Range 6 West, W.M., Clallam County, Washington; lying North of Highway 101 (State Road No.9); Except the North Half ofthe North Half ofthe South West Quarter; and Except the East 30 feet for "I" Street; Also Except that portion of the East Half of the East Half of the South West Quarter of Section 8, Township 30 North, Range 6 West, W..M., Clallam County, Washington, described as follows: Beginning at a point where the West line of "I" Street of Regents Park Addition to Port Angeles, now vacated, intersects the north line of State Road No.9; Thence north and following the West line of "I" Street 340 feet; thence west at right angles to "I" Street 146 feet; thence south on a line parallel with the west line of said "I" Street, to the north line of State Road No.9; thence northeasterly along the northerly line of State Road No.9 to the place of beginning. Property more commonly known as 1425 West Highway 101, Port Angeles, Washington, Tax # 5513 Parcel # 0630083102250000 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, hen 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 described property is no longer served by sewer 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 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 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 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, heirs, transferees, Successors in Interest and all who derive an interest therein. Property Owner ECUTED this +1)... day of Sa> :re..., 1> t="L ~s ~or the City of Port Angeles. CITY OF PORT ANGELES, a Municillal orporati~ By: n~' ~ Title: 1> I~~ I~c.., c.. , City of Port Angeles \-o1l1C-1 t. VJ1wl17~ STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) PROPERTY OWNERS On thiS _ day of ,2007, before me, a Notary PublIc for the State ofWashmgton, duly cornnusslOned and sworn, personally appeared , to me known to be the mdlvldual(s) descnbed m and who executed the foregomg mstrument, and acknowledged the SaId mstrument , t{/ to be theIr/hIs/her free and voluntary act and deed, for the uses and purposes therein mentlOned, and on oath stated that they/he/she are/IS authonzed to execute saId mstrument. GIven under my hand and official seal the day and year first m this cerhficate above wrItten. Notary Public in and for the State ofWashmgton, resIdmg at Port Angeles. My COmmtSSlOn exprres: STATE OF WASHINGTON) ) ss. CITY OF PORT ANGELES COUNTY OF CLALLAM ;).~ * 7...00'0",,- On thIS day of ,~, before me, a Notary Public for the State ofWashmgton, duly commissioned and sworn, personally peared"J CZ4JI\ ~CJ..-r-\. ~ ':\ \~ , to me known to be the , of the mumcIpal corporatlOn that executed the wIthm and foregomg mstrument, and acknowledged Said mstrument to be the free and voluntary act and deed of saId mumcipal corporation, for the uses and purposes therem mentioned, and on oath stated that he/she was authonzed to execute saId mstrument. Given under my hand and offiCIal seal the day and y r frrst m thIS certIficate above wrItten. ""........."" ~,,"~\~ l<.. COo~##. ~,fj~~ ....... ~ ~ I " ..o~~ €.t~.. \ 4lt . CJ . t. ~ $ .: OTARy.. ~ . . ~\ ... : : ........ : * : c \DATA\WP\rykerou!~ ~ : ! ~ on"''''' PUSU0 ~...~ i *' u.). . //Q '1C:S . f::' !: \, -?;,..PST 'lj....~(j I ~#. /~ ....... u.\'\" ~~ ~#### OF W AS~~~~~"~ #..'..1111..... Notary PublIc m and for the State ofWashmgton, resIdmg at Port Angeles. My commission expIres: II-~ /.\ 2txJ9