HomeMy WebLinkAbout5.993 Original ContractAFTER RECORDING RETURN TO:
City of Port Angeles
Public Works and Utilities Department
P.O.Box 1150 *321 E5thSt.
ort Angeles, WA 98362
2009 - 1246412
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 12/16/2009 08 48 47 AM
1III11%F+r'119,I CligNifiR VII VP lei Ileki 11 111
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Thomas and Sindy Morse
GRANTEE: CITY OF PORT ANGELES
LEGAL DESCRIPTION Bayview Second Addn, Lts 5 -7 & Lt 8 & Garfield Ave
ST SL BI & PTN SUP CT CAUSE 03 -2- 00916 -7
Sur (V61 -P19)
ASSESSORS'S 0530075111300000
TAX/PARCEL NO(S):
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State n
(hereinafter the "City "), and Thomas and Sindy Morse,'471 Kemp Street, Port Angeles, WA 98362
Parcel Number: 0530075111300000 (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
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
•i
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:
Bayview Second Addn, Lts 5 -7 & Lt 8 & Gardield Ave
ST SL Bl & PTN SUP CT CAUSE 03 -2- 00916 -7
Sur (V61 -P19),
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
ofPort 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 ofproperty to the City ofPort 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 of the 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.
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
-2-
(Agreement to Annex)
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 of the 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.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 descnbed
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.
EXEC TED this 1I
2
Property Owner
STATE OF WASHINGTON )
) ss. PROPERTY OWNERS
COUNTY OF CLALLAM )
On this ( / day of b&eW) be,-- • 200 , before me, a Notary Public for the State of Washington,
duly commissioned and sworn, personally appeared 'r t1 Oly a_C R 'They - SG 4i S'i /1114 111 0Y•Ce, 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.
Given under my hand and official seal the day and year first in this certificate above written
46----;
ry u•lia in and for th
residing at Port Angeles.
My commission expires:
day of - bee e+_te.r , 2009 for the Property Owner(s).
Property O vier
-3-
ate of Washington,
8--/g'I2vid
(Agreement to Annex)
EXECUTED this 14
B y:
Title: C—i Ie vl n A. C...-i t1L , City of Port Angeles
C-L- . I t
STATE OF WASHINGTON )
) ss. CITY OF PORT ANGELES
COUNTY OF CLALLAM )
On this 1 day of lt., 200, before me, a Notary Public for the State of Washington,
duly co ssioned and sworn, personally appeared Cci2.0 t3 J 441. , to me known
to be the Skiektre. , of the municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrumentlo 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
day ofE-t,Evvia , 200 9 for the City of Port Angeles.
Given under my hand and official seal the day and year first in this certificate above written.
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Notary Public in and for the State of Washington,
residing at Port Angeles
My commission expires. • \z