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Home My WebLink About000167 Original ContractAFTER RECORDING RETURN TO City of Port Angeles Public Works and Utilities Department P O Box 1150 321E 5th St Port Angeles, WA 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION: 2011 126724E Page 1 of 4 Agreement Port Angeles City Of Clallam County Washington 06/23/2011 12 55 34 PM 1111 1r0.L0r ii 11111 AGREEMENT TO ANNEX James D. and Joanne Hallett TTES City of Port Angeles ASSESSOR'S PARCEL NO. 0630133201100000 A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 30 NORTH, RANGE 6 WEST, W.M., Records of Clallam County, Washington, described per Deed of Trust recorded under Auditors File Number 2010 1254373 Situate in County of Clallam, State of Washington. (property more commonly known as 1411 South Golf Course Road) AGREEMENT TO ANNEX City of Port Angeles Record #000167 The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City and James D. and Joanne Hallett TTES, (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 and hereby makes application therefore; and WHEREAS, it is appropriate that the Property Owner grant to the City, Property Owner's 1 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: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 30 NORTH, RANGE 6 WEST, W.M., Records of Clallam County, Washington, described per Deed of Trust recorded under Auditors File Number 2010 1254373 Situate in County of Clallam, State of Washington, (property more commonly known as 1411 South Golf Course Road) 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 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 consistent with the ordinances of the City 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's bonded indebtedness at the time of annexation; and (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 longer served by sewer facilities by the City. The Property Owner agrees to sign any and all notices, petitions and other documents consistent 2 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 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 4 U` day of STATE OF WASHINGTON 4(, Jam s D. Hallett T ee of The H4ett Family Trust ss. COUNTY OF CLALLAM On this day of 2011, before me, a Notary Public for the State of Washington, duly commissioned and orn, personally appeared Sol f,16A -Aiwa 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 /is authorized to execute said instrument. Given under my hand and official seal the day and year first in this certificate above written. g'KERg 41 �i 3 2011 for the Property Owner(s). Joanne T. Hallett Trustee of The Hallett Family Trust 9 O Notary Public in and for the State of kJ 4 residing at oerll j 0,61 5. My commission exphes: EXECUTED this t z day of \S v n,, E 2011 for the City of Port Angeles, a Municipal Corporation By: l r u n t t Title: ix17 c c.,roiZ City of Port Angeles yosot., STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this /s' day of I �rz� 2011, before me, a Not Public for the State of Washington, duly co missioned an sworn, personally appeared CU P r a x to me known to be the ,,t-k 1 l I' 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 is authorized to execute said instrument. Ja Given under my hand and official seal the day and year first in this certificate above written. 01111111111% 11/4 Oe Q QTAAk N t, EXP. 02.24 -2012: z a Vo \VBL1° **C-1 O WAS Attest: �a sa Hurd, City Clerk Notary Public in and for the tate of Washington, residing at Port Angeles. My commission expiresL- 2 N \PWKS\ENGINEER \Wastewater Correspondence \1411 S Golf Course Rd Annexation Agreement docx 4