The URL can be used to link to this page

Home My WebLink About000293 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 2012 1275952 Page 1 of 4 Agreement Port Angeles City Of Clallam County Washington 02/24/2012 02 28 59 PM ®ID1 P i ftli ar" liCI "N«` PRIfil a i i, It 111 DOCUMENT TITLE: AGREEMENT TO ANNEX GRANTORS: The Gladfelter Family Trust, Sandra Gladfelter as Successor Trustee. Gladfelter Marital Trust, Sandra, Sandra Gladfelter as Trustee GRANTEE: City of Port Angeles LEGAL DESCRIPTION: Parcel "A Lots 7 to 15, both inclusive, Block 3, of Chandler's Suburban Addition, Clallam County, Washington, according to plat therof recorded in Volume 3 of plats, at page 48 Parcel `B Lots 37 to 44, both inclusive, Block 3, of Chandler's Suburban Addition, Clallam County, Washington, according to plat therof recorded in Volume 3 of Plats, at page 48, as more fully established by boundary line adjustment recorded November 3, 1975, under Auditor's File No. 448272. TOGETHER WITH the westerly 20 feet of vacated Bay View Avenue abutting said Lot 44. Description per Quit Claim Deed recorded under Clallam County Auditor's File No. 1999 1021915 (property more commonly known as 62 Kemp Street and 82 South Bay View Avenue) ASSESSOR'S PARCEL NO. 0530185303100000 and 0530185303700000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City and The Gladfelter Family Trust, (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 permission to annex the property when it becomes eligible for annexation into the City. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: 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: Parcel "A Lots 7 to 15, both inclusive, Block 3, of Chandler's Suburban Addition, Clallam County, Washington, according to plat therof recorded in Volume 3 of plats, at page 48 Parcel `B Lots 37 to 44, both inclusive, Block 3, of Chandler's Suburban Addition, Clallam County, Washington, according to plat therof recorded in Volume 3 of Plats, at page 48, as more fully established by boundary line adjustment recorded November 3, 1975, under Auditor's File No. 448272. TOGETHER WITH the westerly 20 feet of vacated Bay View Avenue abutting said Lot 44. Description per Quit Claim Deed recorded under Clallam County Auditor's File No. 1999 1021915 (property more commonly known as 62 Kemp Street and 82 South Bay View Avenue) 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 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 longer 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. STATE OF 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 day of for the Property Owner(s). The Gladfelter Family Trust j C,O2� LE-01J ss. COUNTY OF Gr b*M- I acs On this /s day of ObTVCt� -1 24t before me. a Notary Public for the State of FLO RZZA" Waskiegteff, duly commissioned and sworn, per nally appeared 2A Le_e (c,clre to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day and year first in this certificate above written. GARY NEIL SVENSON, JR. 1.4 MY COMMISSION EE 1017 EXPIRES June 15, 2014 adfelter Marital Trust 3 Notar c in and for the State of r& reside g at- (k 4asicc°1 FL My commission expires: ra 5/07 01 c'l (Agreement to Annex) a pra, EXECUTED this day of ,...24.11 for the City of Port Angeles, a Municipal Corporation By: Title: City of Port Angeles STATE OF WASHINGTON COUNTY OF CLALLAM doOs On this day of ,.aott, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the 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. Attest: Given under my hand and official seal the day and year first in this certificate above written. Janessa Hurd, City Clerk ss. Notary Public in and for the State of Washington, residing at Port Angeles. My commission expires: N \PWKS\ENGINEER \Wastewater Correspondence\East UGA Sewer Connections \Connecting to EUGA 2011 \42 Kemp St Gladfelter \42 Kemp St Annexation Agreement Corporation Template docx 4 ,WA atncl R County Aud\tor patr 22 E 4th STE A 223 Gleam, W 99352 Receipt. 1246550 Extend $65 00 Produc A9 2 1275952, pocument pG P 9es 4, o 1 G nt5 Cl (OF $65 00 T A LE Info POR 56 5 00 'Total Tender kOhecIdtiloney Order) 077 ,Pad By 9 adielter C heck Thank '100 e b 2414'• 59 PST 2012 rnillerk FC1f y P