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Home My WebLink About5.958 Original Contract 5. &158 2009-1239664 Page 1 of 4 ~greement Port ~ngeles City Of . . ' Clallam County Washington 07/07/2009 09:02:51 ~M 1111 ~II\I. ~~II~~ 11<<r1 I ,III ~ ~~Irllw~ lMdll,"lr~r~II~~II& IIIII . .. 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): ASSESSORS'S TAX/PARCEL NO(S): AGREEMENT TO ANNEX Melanie J. Barnes CITY OF PORT ANGELES Lot 8 of Eklund Subdivision asiper Plat thereof Recorded in Volume 15 of Plats, Page 42, Records ofClallam County, Washington. I Situate in County of Clallam, S~ate of Washington (property more commonly known as 2367 E. 7th Ave) I 0630126900800000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporati6n of the State of Washington (hereinafter the "City"), and Melanie J. Barnes, 2321 South Eunice ~treet, Port Angeles, W A 98362. Parcel Number: 063012690080000 (hereinafter the "Property Owner"), in consideration of the mutual covenants set forth herein, agree as follows: I I WHEREAS, the Property Owner is the recorded owner of property located within Clallam County, Washington described below; and I I I -1- I WHEREAS, it is the desire ofthe Property Owner that said property be served with sewer from the City of Port Angeles and hereby makes application therefore; and I WHEREAS, it is appropriate that the Property Owner gr<l;nt 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 P1\RTIES as follows: I 1. PURPOSE: The Port Angeles City Council has authoriz~d the extension of City sewer services into the Urban Growth Area, and the Property dwner will be using City sewer service. The approval to use the City's sewer system is ~ubject to conditions, and this Agreement is entered into to describe some of those condit~ons. I I 2. PROPERTY SERVED: The property that is the subject ofthis Agreement is described as follows: Lot 8 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records of Clallam County, Washingtoq. located in CIallam County, State of Washington, (hereinaft~r "the Property"). The City of Port Angeles hereby agrees to provide sewer!service to the above described property. ' I 3. AGREEMENT NOT TO PROTEST ANNEXATION: ~he Property Owner understands that the City contemplates annexing the property served herein. In consideration ofthe City I of Port Angeles providing said utility service, the Property O:wner hereby grants and conveys to the City of Port Angeles a Special Power of Attorney toiexercise any and all rights said Property Owner, heirs or assigns and any successors in iIiterest to said Property Owner, including any purchasers, mortgage holders, lien holders or 6ther persons who may claim an interest in said property, hereinafter referred to as "Successots in Interest," to accomplish the following: ; (a) To petition to the City of Port Angeles for annhation 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 ithe annexation of said property under RCW 35A.I4 and the ordinances and regulations of the City of Port Angeles for annexation of property to the City of Port Angeles with zoni~g 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 th~n a fair share of the City of Port I Angeles bonded indebtedness at the time of annexation. I (c) To sign any and all letters, petition and other dodlments necessary to accomplish said annexation on behalf of any Successors in Interest as defined above. I -2- 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 I facilities by tpe 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 o'fthe property to the City of Port I 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 ptovider. i Ifthe City of Port Angeles resolves to annex the above-desdibed property pursuant to RCW 35A.14, the Property Owner and Successor in Interest cov:enant not to challenge same by I 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 sewet service from the City of Port Angeles, shall run with the land, binding the Property O",;ner, Property Owner's assigns, heirs, transferees, Successors in Interest and all who deriv~ an interest therein. I THIS AGREEMENT shall be recorded in the Clallam Comity Auditor's Office and shall be referenced upon any or other instruments conveying an interest in ~aid property. EXECUTEDthi~ 3~aYOf~ Y\\~C\ (\.LL . (ruj) Property Owner ,200 9 fof the Property Owner(s). I I Property Owneri STATE OF WASHINGTON) ) ss. PROPERTY OWNERS COUNTY OF CLALLAM ) On this Clo day of n Cl n I O. , 200~, befor~ me, a Not~ry Public for the State of Washington, duly commissioned and swom,~eared (AA_Ll dlVl LJL f2,1A..AYu S , to me known to be the individual(s) described in and who executed the foregoing instrument, imd acknowledged the said instrument to be their/hislher free and voluntary act and deed, for the uses and purposes ther.ein mentioned, and on oath stated that theylhe/she are/is authorized to execute said instrument. I -3- (Agreement to Anne\,,), \ ; ",,,,, , \ ,IiI, ~.... ~. ANQ !f!l,. ' .:::- ..:!!..<;/r' ""'''''''"111 ~'- :;, I = ~ ~~.\ON 1:-4"'::"" ,;, '/, 'I - -,' I.!i I" ,. Given;nlrft ~~~~%€ia(teal the day and year fIrst in this .certi~cate above written. ~ ~ CI E2-:' ' I z ... ~ ..tie\.... : 0 :- ~ v~ 'I. S 'A.~':- I':. ,,' '// _ ""'.09-' .$'A ;: I ",. ," ,-...... ~v .. I, rA 1111"\""",, ,~ ." " "'0 ~' , '. -I." F w,..t5.. .!,!" \ \ '. \\ \'. ". < ,'" ' EXECUTED this (~L~ day of ~ Notaryi Public in and for the State of residing at Port Angeles. I My <ommission 'XPi"'t~;{ a 0' q po 10 I , 200 Q1rot the City of Port Angeles. I I I I i y/Cl/ AI ~ el/"'L.C:.-7p , City of Port Angeles CITY OF PORT ANGELES, a Municipal Corporation By: M {) '- ~ Title: ]) 1J<ez.-7/J~,' PM) 4 I{ STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM CITY OF PORT ANGELES On this z.~ day of .jc.~Q. U.. , 20~, before me, a Notary P>>blic for the State of Washington, duly tommissioned and swo~ personally appeared (pL.J!f aJ tJ ruT L~ , to me known to be the ~ ~\ ~ \.\)0 ~ IC.", ~ tt ~ of the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of s~id municipal corporation, for the uses , and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I Given under min'il~d,'~~~Wi6ial seal the day and year fIrst in this ceJificate above written. . ,~. ,,'t."" t:1i~ "~ ~ ! ,'" ,'X .,...t..' 'lL"i, /, ~~. " ~ '.' '. 'T /0 '/ . , f ~ /.... ~ r>- R I:'......~. % . ~ ~\"- 'r : ~~ "'"\ == ~ i ~ 0 ',.,. \";2: ~ Notary Pubhc m and for the State of Washmgton, = u: o,hl)'!.' (.. i 0 ~ residing at Port Angeles. !, :: \, p U <o\.' l t; ~ My commission expires: , "3.l. \ z: ~ J' >. ..... .... ~ !2 I ~ /~,.. .............. 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