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Home My WebLink About5.929 Original Contract 5. flr:2 q ~f ...l 2009-1232199 Page 1 of 4 ~greement Port ~ngeles Clty Of Clallam County Washlngton 0211112009 08 52 17 ~M 1111 ~IIII.. ~1': Il~ II"~I.II~ ,~IL~lt r..'r.~ll ~llllrI'r.~I~ II Ii I 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 (abbreviated): AGREEMENT TO ANNEX David and Jeanne Oldenkamp CITY OF PORT ANGELES Lots 4, 5,and 6 in Block 20, Gale's Addition to the Townsite of Port Angeles, records of County of C1allam, Washington. Together with those portions of vacated alley abutting thereon. (property more commonly known as 2324 East 6th Ave) ASSESSORS'S T AX/P ARCEL NO(S): 0630125320200000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and David and Jeanne Oldenkamp, 2324 East 6th Ave, Port Angeles, W A 98362. Parcel Number: 0630125320200000 (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 C1allam County, Washington descnbed below; and -1- , '" 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 Agreement is entered into to describe some ofthose conditions. 2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as follows: Lots4, 5, and 6, Block 20, Gale's Addition to the Townsite of Port Angeles recorded in Volume 1, of Plats, Page 23, records of County ofClallam, Washington. Together with portions of vacated alley abutting thereon. 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 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 ordmances (Agreement to Annex) of the City of Port Angeles and with the condition that Property Owner or the owner's -2- ) " 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 of the City of Port Angeles, relating to the provision of utility service by a municipal provider. Ifthe 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. 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!1T~DthiS 5.&~ Fe1>n;.ar JAA~a ~, OJM.l Property Owner STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) PROPERTY OWNERS (Agreement to Annex) On thIS ~ day of iF S,.!> , 200~, before me, a Notary PublIc for the State ofWashmgton, -3- .f duly corrnmssIOned and sworn, personally appeared~J~ .. ~,...tlU. oU)a;L)w..f'~ ' to me known to be the mdlvldual(s) descrIbed m and who executed the foregomg mstrument, and acknowledged the saId mstrument to be thelr/hls/her free and voluntary act and deed, for the uses and purposes therem mentIOned, and on oath stated that they/he/she are/Is authorIzed to execute SaId mstrument. \ \ \ \ \ I 11111111111 \\\ III, ~", ~,NE R1'v :I~ ~ i:..~~J!""'-''''''J~L ~ Glve1t~a~fi( ja '4t ~ficial seal the day and year first m this certIficate above written. == v/~ ~--'S ~ i 03/01112 ~ -",,~ - -0 \. . -:-., . ~ """ \ ,008\.\' o~ ~ C'\..'"t""Crx"""'t,. \c..\.~....\ -::;''P'. ",'" ~ ;;-~ ...... .-',. ~ Notary PublIc m and for the State ofWashmgton, ~ ,- ..H......... ~v ~' ~I, OF WAS ~ \ ~ resldmg at Port Angeles. 1'111111t1/1I11\\\\\\\\\'\ My corrnmSSIOn expIres: ~, . \ c- day of rE.~ ,200-1- for the City of Port Angeles. EXECUTED this I C CITY OF PORT ANGELES, a Municipal Corporation BY:~~ Title: ~ ov..: U t.,"t1).(L, City of Port Angeles STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM CITY OF PORT ANGELES On thiS I\,) day of '"'t=::'e~ , 200-S-, before me, a Notary Public for the State ofWashmgton, duly Xorrnmssioned and sworn, personally appeared lDL~~ t>J t..u't"1..6 t. , to me known to be the .:J\l ~'-\.L. \k)oCl\<.S bII ~~ , of the mumcipal corporatIOn that executed the withm and foregomg mstrument, and acknowledged SaId N?NRiW}FlJ.t to be the free and voluntary act and deed of said mumclpal corporatIOn, for the uses and purposes there~eP,t~W?I' fM4 on oath stated that he/she was authOrIzed to execute said mstrument. ~' ('\ \~ IV~ //,.- ~ '" ~ .......... ,y ~ Given.:iinllltz- .my h:lud ~ii~ 6ifiCiaI seal the day and year first m thIS certificate above wntten. - '" . O~'A Il .. . .,...\ - ~ /~ r \ ~ Q ~' ::\..1., . - _,\_ . ~ i 03/01/12 i ~ D,*,-cc...n.~ t LAi..~,,""\ ~ "" \ ,oUB'-''- ,1 ~ ~ NotaryPublIcmandfortheStateofWashmgton, ,.. ...A e. .. A.:.. .:::- . ~ 11.r ..... ..... 0 ~ resldmg at Port Angeles. %/ ~ O;"W"';~ y..'~ ,:\.:f' My corrnmSSIOn expIres: ~ \. \"Z. :1111 \\'.... 1111t11l11l\ \\\\\\ C \DATA\WPIEUGAAgreement to Annex o1aen~amp wpd -4-