HomeMy WebLinkAbout5.957 Original Contract
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2009-1239665
Page 1 of 4 Agreement
Port Angeles City Of . .' M
Clallam County Washington 07/07/2009 09:02:51 A
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AFTER RECORDING RETURN TO:
City of Port Angeles
Public Works and Utilities Department
P.O. Box 1150 * 321 E 5th 8t.
Port Angeles, W A 98362
DOCUMENT TITLE:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION
( abbreviated):
ASSESSORS'S
TAXlPARCEL NO(S):
AGREEMENT TO ANNEX
I
Richard R. & Michelle L. Smith
CITY OF PORT ANGELES
,
Lot 9 of Eklund Subdivision as,per Plat thereof Recorded in
Volume 15 of Plats , Page 42, ~ecords ofClallam County,
Washington.
Situate in County of Clallam, State oEWashington
(property more commonly knovvn as 2371 E 7th Ave)
0630126900900000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington
(hereinafter the "City"), and Richard R. & Michelle L. Smith, 1227 East Front Street, Port Angeles,
W A 98362. Parcel Number: 063012690090000 (hereinafter the "Property Owner"), in
consideration of the mutual covenants set forth herein, agree as foHows:
I
WHEREAS, the Property Owner is the recorded owner of property located within Clallam
County, Washington described below; and
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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 grJnt to the City of Port Angeles
Property Owner's permission to annex the property when it become~ eligible for annexation into the
City of Port Angeles. '
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows:
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1. PURPOSE: The Port Angeles City Council has authoriz~d the extension of City sewer
services into the Urban Growth Area, and the Property Qwner 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 condit~ons.
2. PROPERTY SERVED: The property that is the subject of this Agreement is described as
follows: Lot 9 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats ,
Page 42, Records of Clallam County, Washingtorj..
I
located in Clallam County, State of Washington, (hereinaft~r "the Property").
The City of Port Angeles hereby agrees to provide sewer:service to the above described
property.
3. AGREEMENT NOT TO PROTEST ANNEXATION: ~he 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 O;w-ner 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 bther persons who may claim an
interest in said property, hereinafter referred to as "Successo~s in Interest," to accomplish the
following: I
(a) To petition to the City of Port Angeles for ann~xation 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 thJn 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 docaments necessary to accomplish
said annexation on behalf of any Successors in Interest as defined above.
!
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Annexation Agreement
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~TED this 8- ~ day of ~ \
d Jl --!vitt
Property Owner
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
On this d5 day of A~('\ \. , 200~, before me, a Not~ry Public for the State of Washington,
duly commissioned and sworn, perso ally appeared ,,\('~~ 0(Y\ ,rt\ ~ X\1IcYdr-~(l1ifh, to me known
to be the individual(s) described in and who executed the foregoing instrument, and acknowledged the said instrument
to be theirlhislher free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that
theylhe/she are/is authorized to execute said instrument.
PROPERTY OWNERS
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(Agreement to Annex)
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Given unde~J1~fI- ~~c"M~~ ~e day and year frrst in this certifrcate above written.
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OF Wfl.-S
'111'1\\,
Notary Public in and for the State ofW s
residing at. P~rt Angeles. ~
My COffirmS',"" expue" . ----u q, 'dU D
EXECUTED this 23
day of -J...f(2..l '-
, 200~ for the City of Port Angeles.
CITY OF PORT ANGELES,
a Municipal Corporation
By: M~ ~
Title: -p 1/2t:?:fb2, PW ~ '1
~LENM A. etlrt.I:?7L-
, City of Port Angeles
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM
CITY OF PORT ANGELES
On this Z. ~ day of A~~ ,2002-, before me, a Notary Public for the State of Washington, duly
~OmmiSSioned and sworn, personally appeared ('Lj(.t.;AJI>) ~'fl ~l ' to me known to be the
U b-..1 ~ ~ -:i) \~<<.. , ofthe municipal corporation that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument.
Given under my hand and offrcial seal the day and year frrst in this certifrcate above written.
L\...,J.t,^-f-~\~ '-2,~\
Notary Public in and for the State of Washington,
residing at Port Angeles.
My commission expires: ~. \ ... l '2.
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