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Home My WebLink About5.931 Original Contract '\ 5. q~1 ~f 2009-1233341 Page 1 of 4 Agreement Port Angeles CIty Of Clallam County WashIngton 03/05/2009 01 48 47 PM .11' MI..II~,~ ,I~~~, "I' ,~'I,~~" ,r,n "~I~t~l~ II II I . . AFTER RECORDING RETURN TO: City of Port Angeles Pubhc Works and Utilities Department P.O. Box 1150 * 321 E 5th St. Port Angeles, W A 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION (abbreviated): ASSESSORS'S TAXfP ARCEL NO(S): AGREEMENT TO ANNEX Hartnagel Buildmg Supply, Inc. CITY OF PORT ANGELES Pal'cel "B" of Winged Investments survey, recorded March 19,2007 in Volume 62 of surveys, Page 91, under Clallam COlmty recording # 2007-1197973, being a porlion of the Blocks 8, 9, and 12 Clark's Addn to Port Angeles as per Plat recorded in Volume 1 of Plats, Page 119, records of Clallam County. 0530075408100000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and Hartnagel Building Supply, Inc., 3111 E Hwy 101, Port Angeles, W A 98362. Parcel Number: 053007548100000 (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 propeliy located within Clal1am County, Washington described below; and -1- WHEREAS, it is the desire of the Property Owner that said property be served with sewer fl:om 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 alll1exation 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 subj ect 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: Parcel "B" of Winged Investments survey, recorded March 19, 2007 in Volume 62 of surveys, Page 91, under Clallam County recording # 2007-1197973, being a portion ofthe Blocks 8, 9, and 12 Clark's Addn to Port Angeles as per Plat recorded in Volume 1 of Plats, Page 119, records ofClallam Cotmty. 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 of the City afPort 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, includil1g any purchasers, mortgage holders, lien holders or other persons who may claim an interest in said property, hereinafter refelTed to as "Successors in Interest," to accomplish the following: (a) To petition to the City of Port Angeles for allllexation 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 mexation 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. -2- ./ . . (AIUlexatIon Agreement) (c) To sign any and all letters, petition and other documents necessary to accomplish said annexation on behalf of any Successors in lnterest 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 an{i .a11 notices, petitions and other documents requested at any time by the City leading to the a!lIlexation 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 procedmes 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 ofutihty service by a municipal provider. If the City of Port Angeles resolves to annex the above-descnbed 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 descIibed above and so long as the said property is se~ed by sewer service from the City of Port Angeles, shall nm 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 instmments conveying an interest in said property. EXECUTED this 2-4+'" day of Fe.b IVW\j , 200 ~ for the Property Owner(s). ~~~Pmn-- I Prape Owner Propeliy Owner STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) PROPERTY OWNERS On this ~ day of -C"E#~ ,200~, before me, a NotalyPublic for the State of Washington, duly conumssioned and swom, pelsonally appeared -:'I"-Y'""UlD ~ l'fI.,\ ""l\.\ , to me known to be the indlVidual(s) descnbed III and who executed the foregoing instmment, and acknowledged the said mstmment -3- ..... . . (Annexal1on A!R\,~lM!'I/II/J1111 \\ \NE b I'/~ $" ~\I. Il/JtI ~ ~ A ~ ........... ~ ~ . ~ '" ... .... ~ ~ to be their@s.(b\y\s.O.cJIYfh1\!~ ~ and deed, for the uses and pUlposes therem mentioned, and on oath stated that theylhe/shC are/t awg~rized (0 ekec\1tesaid inshllffient. . I ~ "" \ 01lJ2 J :: dl:v~u\t~ ~dib~ial seal the day and year first in this certificate above written. ~ (:' .... .... ,,0 .:::- C? :e ~ 0 ............. 0 ;S:- . , l' t _ I. .--" ~ ~ WAS\'\\~ \~ ~ ^,~"'\~CiJ "^-~ 1'11111111/111\1\\\\\\\\\ No~a~ Public in and for the State of Washington, resldmg at Port Angeles. My commissIOn expires: ~. \ . \ "Z.. EXECUTED this ......'-1 ?.- dayof M i:> -tQc..ft , 200 ~ for the City of Port Angeles. CITY OF PORT ANGELES, a Municipal Corporation By: ./lJA. L14-- Title: ))jn.e-z.fl'~ , City of Port Angeles I-O!1./tj. It v 17'- J J7~:.J STATE OF WASHINGTON) ) ss. CITY OF PORT ANGELES COUNTY OF CLALLAM On tins .3 day of M.Mteu ,200~, before me, aNot~ryPublic for the State of Washington, duly connnissioned and sworn, personally appealed fe' ~ JJI..J ~ t...e e.. ,to me known to be the S>l~ ~U~c, Wt)6.,~ ' ofthe mumcipal cOlporation thf,lt executed the withm and foregoing instrument, and acknowledged saiR,\Itrl1/H7\ent to be the free and vo luntary act and deed of said mmllcipal corporation, for the uses a11,d purposes ther~\~el11io>>e~/~ on oath stated that he/she was authouzed to execute said insu"ument. $" L. ~\~~ I~~ ~ ~. ~'" .... ~~ GlV~U4lll~(.l'ffiY hall cI"\.-~~1 seal the day and year first III this certIficate above written. ~.: ",01".,. "" 'S (\ · <"7::::> . g 03/01112 E ~)"~L" \~ Cz. \ \L..t M:..~,,"( ~ '" Pc:." ~ Notary Publ1c ill and for the State of Washington, ~ -;", Cl8 " \ A..,O ~ lesidlllg at Port Aiigeles % ~ 0" ~~ ~ My commiSSIOn expiles: 3- \- \"Z.. ~/I" ' WAS'/o.\1!.\"~ C IDAT A\WP\Agreemenllo AnnY"''''''\l1\\ \ \\" -4-