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Home My WebLink About5.960 Original Contract 5.9l.PlJ 2009-1239662 Page 1 of 4 Agreement Port Angeles City Of , Clallam County Washington 07/07/2009 09:02:51 AM 1III Mill. ~~I~'" ,1~~It+~ ~~, ~NJirllr":, r~lt 1+rI~r~~~~1I111111 _ 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 T AXIP ARCEL NO(S): AGREEMENT TO ANNEX Rachel J. Williams CITY OF PORT ANGELES I I Lot 6 of Eklund Subdivision as iper Plat thereof Recorded in Volume 15 of Plats, Page 42, R~cords ofClallam County, Washington. I Situate in County ofClallam, State of Washington (property more commonly known as 2359 E 7th Ave) 0630126900600000 AGREEMENT TO ANNEX I The CITY OF PORT ANGELES, a municipal corporatidn of the State of Washington (hereinafter the "City"), and Rachel J. Williams, 217 West 5th St~eet, Port Angeles, W A 98362. Parcel Number: 063012690060000 (hereinafter the "Property O'}vner"), in consideration of the mutual covenants set forth herein, agree as follows: I WHEREAS, the Property Owner is the recorded owner of droperty located within Clallam County, Washington described below; and I -1- I WHEREAS, it is the desire ofthe Property Owner that said property be served with sewer I from the City of Port Angeles and hereby makes application therefore; and I WHEREAS, it is appropriate that the Property Owner grant to the City of Port Angeles I Property Owner's permission to annex the property when it becomes eligible for annexation into the City of Port Angeles. I I I , NOW, THEREFORE, IT IS AGREED BETWEEN THE P;ARTIES as follows: I ; i 1. PURPOSE: The Port Angeles City Council has authorizbd the extension of City sewer I 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 Isubject to conditions, and this Agreement is entered into to describe some of those conditions. PROPERTY SERVED: The property that is the subject o~this Agreement is described as follows: Lot 6 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records of Clallam County, WashingtoJ. ! I located in Clallam County, State of Washington, (hereina:ft!er "the Property"). 2. , The City of Port Angeles hereby agrees to provide sewerl service to the above described property. I I 3. AGREEMENT NOT TO PROTEST ANNEXATION: ~he Property Owner understands that the City contemplates annexing the property served her~in. In consideration of the City of Port Angeles providing said utility service, the Property dwner hereby grants and conveys to the City of Port Angeles a Special Power of Attorney tol exercise any and all rights said Property Owner, heirs or assigns and any successors in i*terest 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 "Successo~s in Interest," to accomplish the following: I (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. I (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 I 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 ofthe City of Port Angeles bonded indebtedness at the time of annexation. I (c) To sign any and all letters, petition and other doc~ments necessary to accomplish said annexation on behalf of any Successors in Interest as defined above. -2- AIll1exation Agreement i This Power of Attorney shall be considered a power coupleq with an interest and may not be terminated except at such time as the above described property is no longer served by sewer I I facilities by the City of Port Angeles. ! ~ The Property Owner agrees to sign any and all notices, Ipetitions and other documents requested at any time by the City leading to the annexation dfthe property to the City of Port Angeles. The Property Owner does not waive any applicab~e 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 statu~es 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 pFovider. Ifthe City of Port Angeles resolves to annex the above-described property pursuant to RCW 35A.14, the Property Owner and Successor in Interest co~enant not to challenge same by I referendum or other methods. I 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 Owner, Property Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest therein. I THIS AGREEMENT shall be recorded in the Clallam COUlity Auditor's Office and shall be referenced upon any or other instruments conveying an interest in kaid property. EXECUTE~YOf pro!;;awner ~lL I I , 200.!tf- fot the Property Owner(s). ~,,"'\\\\\\\ \ II I .$"'-'.OA R. ~ . If,', -jj- '~~"""""'l i11G '!. - '~"'~SSIO " .. OJ - ~,..., 'A.', #' .. - ~~, "~~" '(" 1',' -= ='0 OT", ~/~ L/ ;;: :(1'" '''", ~~ ~ ~'. ;: i.... iii ~ tJI... ~- / en.:::: . .. .. ::: m . , ~~.....~.. WlJ: ::.- 'I > '?~ ~/' .,.. ~8L\(', ff :. / """"'" I U..... _ ... /. \~ 11",09-10 $' tt ~: . /)::2.. At2' n. . /.'j o~ Illllll\""","'" -<.: _..::.. On thls.0.2.. day of _ rL..X. ,200 , before me, a NotaP'. ,Public for the State'9{WW}i~~. (; ...........:::.. duly comnusslOned and sworn, personally appeared . L. , to ~-;m~~"" to be the individual(s) described in and who executed the foregoing instrument, ~nd acknowledged the said insirument to be theirlhislher free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that I theylhe/she are/is authorized to execute said instrument I I Property Owner! STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM ) PROPERTY OWNERS -3- (Agreement to Annex) :"""~"""\\\"" I \, ~........' ,.. R. A~ I"" i .::: ~Q ""'''''\\\11, Q~ "1 = .:;j ~~.\OlV ~"I;"L ~ Given~f'~oitl'''l~~l~eal the day and year first in this cer:tificate abbve written, ~ .~u #A~1'T\ tI" I : ~ ...:;:" . ~ "- """ "" ':~ (/) ~ A,. .CI g ~ ~ ",-.o\~ "e\..' :0- '<, ".."'JIII$'09'-\()~~,c;; :- ., ,.~ '" "...... ,.. .. '/,...." 11'1\\\\\",,'" ~v ," ;'II,O/: WAS~". r II t \ \ \ \ '. " ,-' vi Notary Public in and for the State ofW residing at Port Angeles. I My commission eXPires:'f 0(1 q I ;::)-D/U EXECUTED this ~ 3 day of ~ CITY OF PORT ANGELES, a Municipal Corporation By AJL ~ Title: ]/11!eZ..:1DR,. PWIJ 't( I , 2000~foi the City of Port Angeles. I i ~L&N)/' A. eOTLBk- D/P:CZ:_:Tt'~ I , City of Port Angeles STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM CITY OF PORT ANGELES On this l..3 day of ~, 200-2:-, before me, a Notary P~blic for the State of Washington, duly ~~ssioned and sworn, personally appeared Ce ~A,) A) &J -rLU , to me known to be the ~ ~uC In:.b~ Ul ~"ta.., of the municipal corporation that execut~d 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 my hand and official seal the day and year first in this certificate above written. \\\\\\1111/1/11// (J ~' . ,\\\ ' /1; \. - . , ~" ~ ~.~~.:.~1~//~ ~'-\:,:^-~T'lL", \L~~\ ~ ,,-,~..,.. ". ..... r ~ Notary PublIc ill and for the State of Washington, .... ". R Y "~ ~ :: ~ l '\ 1\.: P.,\ ~ residing at Port Angeles. . :::: f- : 0 \\ '}. . ~ ::::: My comrm'ss'on . s I '3 . , - \ 'l. = <( : <- ~\' : Q = I expIre: v'~ ~;,\ ,0! I-..~ _., \,..: l:1...:::: ~ .... P \.l~ ... ~ .:::.' ~ ~ ..... ,.,' ~ ~. ~ rAr .......... c, ~ ~...: "'fOF~~'~ /111 \\' 1/1/11 111111 11\\\\ -4-