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Home My WebLink About5.962 Original Contract 5. q(.Q~ ... 2009-1239660 Page 1 of 4 ~greement Port ~ngeles City Of Clallam County Washington 07/07/2009 09:02:51 ~M 1III w. ~cn I~" ,1~~~J.rtl'J.~ ~,II~I ~~llrll"III:lrNll~~1I1 11111 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 Gina L. Clark CITY OF PORT ANGELES Lot 4 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records of Clallam County, Washington. Situate in County ofClallam, State of Washington (property more commonly known as 2351 E 7th Ave) ASSESSORS'S T AXIP ARCEL NO(S): 0630126900400000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and Gina L. Clark, 1115 South Lincoln Street, Port Angeles, W A 98362. Parcel Number: 063012690040000 (hereinafter the "Property Owner"), in consideration of the mutual covenants set forth herein, agree as follows: WHEREAS, the Property Owner is the recorded owner of property located within Clallam County, Washington described 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 of those conditions. 2. PROPERTY SERVED: The property that is the subject of this Agreement is described as follows: Lot 4 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records ofClallam County, Washington. 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: ThePropertyOwnerunderstands 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 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. (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. -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 facilities by the City of Port Angeles. The Property Owner agrees to sign any and all notices, petitions a~d other documents requested at any time by the City leading to the annexation ofthe property to the City of Port Angeles. The Property Owner does not waive any applicable right to vote in an annexation election orto participate in any annexation review procedures provided by statute. 4. GOVERNING LAW: This agreement is subj ect 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. If the City of Port Angeles resolves to annex the above-described property pursuant to RCW 35A.l4, 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. EXECUTED this J.-. 3 ~.~~ (J J~ . . operty Owner day of o..fr I J . ,200 q for the Property Owner(s). Property Owner STATE OF WASHINGTON) ) ss. PROPERTY OWNERS COUNTY OF CLALLAM ) On tbj, U d,y of a pr ,I ,200.!1-, bewJre me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared 6-( (\(i L_tJflt. , to me known to be the individual(s) described in and who executed the foregoing instrument, and acknowledged the said instrument to be their/his/her free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they/he/she are/is authorized to execute said instrument. -3- . . (Agreement to Annex) ~""'\\\\\"\\Ir ,$"' 0'" R. ~III Given under IlJ)"-=i"_"'~~~Wf~1 ~};the day and year first in this certificate above written. J~~lON'.:III I - = ~~.~. q,'11 L '/ := ';::0 +OT<4,.. ..,,~, ~ _;:(J ... "'~ Z ~ ~ ~ ...... m~m/ "UI~ cn~..... ~--'~ 4 E:: ; ~ ~ s: l.fSL\(, : ~ /1 ~~/;, '09 1() fo~ -.: I ," ," - ....... JIl' . I, 0 "11111\\\""'''' 6' . . 11,,/ ~ WAS"'\~ . .. . '" "\" \ \" . . EXECUTED this :;) 3 day of ~ l Vt~ Notary Public in and for the State ofW s gton, residing at Port Angeles. My commission eXPires:.M.~ q) 2-D I 0 , 200 M for the City of Port Angeles. CITY OF PORT ANGELES, a Municipal Corporation By: ~~.~ Title: PIJU3Z,,1i)/Z, PH/if. lIJ , I ~LaIN A. e/,f rze:te- , City of Port Angeles STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM On this 2 ~ day of ~ , 200-.2:.., before me, a Notary Public for the State of Washington, duly ,,"ommissioned and sworn, personally appeared (s)l. ~ JJ ~.an L'n.." , to me known to be the ~ 0 ~c-'t _ \,l)DI ~ ""b, Q fe1 r1 ,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 said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. CITY OF PORT ANGELES Given undef\ my I hand and official seal the day and year first in this certificate above written. '.\11 " illll// C ,?\' ~ R IN E Ii III~ d \J - '" <:::::::>,. L .::-:::- 0,\"\ .......... -1L'> ~r ~~\.l\...'t... ~A.~I ~ c\ . '" ,_..' _. 'T > ~ .:f {", ...... po. R Y ...... ~ Notary Public in and for the State of Washington, - . oi . - 'd' P An 1 :::::. f.- .. ::-.. '2.'.::. reSl mg at ort ge es. :::::. <( : '" ,i\;; Z :: .. . -::l \ \.., ::: u: ()3IO. "; :' 0 :: My COmmISSIOn expIres: ::> - - c... ::: ~ ,V:f.-== ~ .... PU~\.' /1..:)::: ~ J'~ .... ..... ~ ~ ~ AI,. ............ C, ~ ~ 1-//1 ~ 0 F \N \'0. \.'~ 1/1 \\'\ ////1/111\1\\\\\ -4-