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Home My WebLink About5.1057 Original ContractAFTER RECORDING RETURN TO: City of Port Angeles Public Works and Utilities Department P.O. Box 1150 321 E 5th St. Port Angeles, WA 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION (abbreviated): 2010 1253132 Page 1 of 5 Agreement Port Angeles City Of Clallam County Washington 06/21/2010 01 19 36 PM ■III 1 111.14A MILIC Ji'i 111111 AGREEMENT TO ANNEX Wal -Mart Stores, Inc City of Port Angeles K Mart Center Plat Alter, Lots 1 and 2, according to the plat thereof recorded in Volume 15 of Plats, Page 64. Records of Clallam County, Washington. Situate in County of Clallam, State of Washington. (property more commonly known as 3471 E Kolonels Way) ASSESSORS' TAX/PARCEL 0530076209000000, 0530076210000000 NO(S) AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City and Wal -Mart Stores Inc., a Delaware corporation authorized to do business in the State of Washington. 3471 E Kolonels Way, Port Angeles, WA,Parcel Number(s): 0530076209000000, 053076210000000(hereinafler 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 and hereby makes application therefore; and 1 51 0 s7 WHEREAS, it is appropriate that the Property Owner grant to the City Property Owner's permission to annex the property when it becomes eligible for annexation into the City. 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: K Mart Center Plat Alter, Lots 1 and 2, according to the plat thereof recorded in Volume 15 of Plats, Page 64. Records of Clallam County, Washington. Situate in County of Clallam, State of Washington. (hereinafter "the Property The City 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 providing said utility service, the Property Owner hereby grants and conveys to the City a Limited Special Power of Attorney to exercise any and all rights of said Property Owner, its 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 purposes, and no others: (a) To petition to the City for annexation of all of the property described above, which petition shall conform to the provisions of paragraph (b) below; and (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 for annexation of property to the City with zoning as provided by the terms of that Sewer Service Development Agreement between the parties dated September 7, 2007, and otherwise consistent with the ordinances of the City and with the condition that Property Owner or it's Successors in Interest will be required to assume no more than a fair share of the City bonded indebtedness at the time of annexation; and 2 (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 Limited 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 Ionger served by sewer facilities by the City. The Property Owner agrees to sign any and all notices, petitions and other documents consistent herewith requested at any time by the City leading to the annexation of the property to the City. 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, relating to the provision of utility service by a municipal provider. If the City resolves to annex the above described property pursuant to RCW 35A.14, the Property Owner and its Successor in Interest covenant not to challenge same by referendum or other methods. This agreement and Limited 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,, 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 Z day of 2010 for the Property Owner. Wal -Mart Stores, Inc. John E. Marko 3 STATE OF ARKANSAS )ss. COUNTY OF On this 2‘ day of commiss ned and sworn, 'ers•na V -5 a C! acknowledged said ins and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. BIANN A THO Notary Public, State of Arkansas County of Benton My Commission Exp. 07/01/2010 ir City of Port Angeles CAA- Title: 'D TTLAI:rog. Y- lKrl e".S STATE OF WASHINGTON )ss. COUNTY OF CLALLAM On this IgraL day of `''�,L.1 201 before me Notary Public for the State of Washington, commissioned and §worn, ersonall)I appealed \c fl t to me known to be the ZY `cc l.. -rA4 S°t l Cc of the municipal corporation that executed the within and foregoing trument, 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. ment to Given under my hand and official seal the day and year first in this certificate above written. Notary Publi for the State of A} R residing atixQQ.0_- My commission expires: 7-O .2f EXECUTED thi day of bZ 2010 for the City of Port Angeles. „AAA S co NOt n 9 s. O ff` 4 'A c', 2010, before me, a Notary Public for the State of Arkansas, duly appeared SNN f... ;L.A R K E to me known to be the f the corporation that executed the within and foregoing instrument, and e the free and voluntary act and deed of said municipal corporation, for the uses Given under my hand and official seal the day an year first in this certificate above written. Notary Public in and for the Sta of Washington, residing at Port Angeles. My commission expires: V —1,1,— 1 Approved as to form: Willi m E. Bloor City Attorney G: \Legal_Backup1ANNEXAT ION\Wa1 Mart Kononels Way 010610.rtf 1/12/2010 5