HomeMy WebLinkAbout000766 Original Contract City of Port Angeles
Record # 000766
2014-1308209
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 0511912014 03:12:20 PM
ill FAlla I AI MAI UPAR,V HA,k AIIA'A 11111
nr i riz lzFt;_OR1)RN RI:TfiRIN TO
City of Port Angeles
Public Works and Utilities Department
P.O.Box 1150
321 E 5th St.
Port Angeles,WA 98362
DOCUMENT TITLE: AGREEMENT TO ANNEX
GRANTORS: Bayview Industrial
GRANTEE: City of Port Angeles
LEGAL DESCRIPTION:
Lots I I through 33,Block 8 of Chandlers Suburban Addition and
portions of vacated'Third Street and vacated Fourth Street,as shown per
survey recorded in Volume 21 at Page 36,Records of Clallam County,
Washington.
Situate in County of Clallam, State of Washington.
(property more commonly known as 175 South Bay View Avenue)
ASSESSOR'S PARCEL NO. 0530185308350000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the
"City"), and Bayview Industrial, a general partnership of the State of Washington, (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,TIIEREFOR.E,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:
Lots 1 I through 33,Block 8 of Chandlers Suburban Addition and portions of vacated Third
1
Street and vacated Fourth Street,as shown per survey recorded in Volume 2lat Page 36
RemdofUallmCounty, Washington.
Situate io County ofClulhm.State o[Washington,
(property more commonly known ool75 South Bay View Avenue)
hereinafter"the Property":
The City hereby agrees W provide sewer service m the above described property.
3. AGREEMENT NOT T0PROTEST ANNEXATION: The Property Owner understands that the City
onotump|utuv o"oouiog the property served herein. In consideration of the City providing said utility
service,the Property Owner hereby grants and conveys mthe City u Limited Special Power of Attorney to
exercise ooy and all rights of said Property Owner, its heirs orassigns and any successors in interest iosaid
Property Owner, including any purchasers, mortgage holders, lien holders or other persons who may claim
an interest iu said property,hereinafter referred m um"Successors iu loto,eot.^'\o accomplish the following
purposes,and nnothers:
(n) To petition the City for annexation of all of the property described above,which petition shall
conform w the provisions of paragraph(h)below;and
(b) To uocmupUob all o|opa necessary or proper for the annexation of said property undo KCVV
35/\.|4 and the ordinances and regulations of the City for amexmiouof property tuthe City with zoning
consistent with the orJiuuonos of the City and with the condition that Property 0*mur or the owner's
Successors in lzuon:ot will be required to assume no more than u fair share of the City's bonded
indebtedness at the time o[annexation;and
(u) To sign any and all |nu«zo, pubdoo and other documents n000nuury to oocomy}ink said
annexation oo behalf uf any Successors io Interest usdefiuodabove.
This Limited Power of Attorney uhuO be considered a power coupled with an interest arid may not be
terminated except m such time as the above described property is no longer served hy sewer facilities hy
the City.
The Property Owner agrees to sign any and all notices, petitions arid 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 u/ vote in an annexation election ortoparticipate in any uuuusotinn
review procedures provided bystatute.
4. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United States arid the
State of Washington and ordinances arid policies of the City, relating to the provision of utility service by a
municipal provider.
lf the City resolves to annex the above-described property pursuant to RC9/ 35A.l4, the Property Owner
and Successor io Interest covenant not to challenge same bymfer odum`orothexmudhudn.
This agreement and Limited Power of Attorney touches and concerris the real property described above and
on long as the said property is served by sewer service from the City, uho|| mu with the land, binding the
Property Owner, Property Owner's assigns, heirs, transferees, Suon^o*om in interest and all who derive uo
interest therein.
THIS AGREEMENT shall berecorded in the C|uDumCnoo<y Auditor's Office and shall horeferenced
upon any or other instruments conveying on interest io said property.
2
AGREEMENT TO ANNEX
E CITED this " C,
of A4 ,2014 for the Property Owner(s),
Name co
Title
STATE OF WASHINGTON )
)ss.
COUNTY OF CLALLAM ) u
On this /` day of._. 2014,before m a`dNotary Public for the State of Washington,
duly commissioned and sworn, personall appeared I, � _ ._ ✓`�S___.. to me known to be the
of the partnership that executed the within and foregoing instrument, and
ack owledged said instrument to be the free and voluntary act and deed of said partnership, 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.
Notary Public in and for the State of ...... _w
residing at �
My commission expires:
,. ...hXIJCUTED this a u 2014_for the Property Owner
1486-Name
oo
Title
STATE OF WASHINGTON )
ss
COUNTY OF CLALLAM )
On this day of ___.....t� > �
duly commissioned d sworn, personally appeared 201 }`beforte me, aaNNa�ary�Publlc fo o me known the
Y !L✓..!�..__±']E.___. ...__._.__........:...__._.._.._...__.. n to be the
of the partnership that executed the within and foregoing instrument, and
ackn6wled ed said instrument to be the free and voluntary act and deed of said partnership, 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 st in this certificate above written.
NotaryPublic an for the State of d,f
residin g at N...___.. ._.
My commission expires:,.-----
_/
3
AGREEMENT TO ANNEX
EXECUTED this day of 2010 for the City of Port Angeles, a Municipal
Corporation
By,
ity of Port Angeles
STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day of 2��before me, a Notary Public for the State of Washington,
duly cornmissipe,�an sw9ro, personally/aappoplere'd to me known to be the
—Lac]n of the municipal cor oration 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.
Giveq.Ar icial seat the day an j,year first in this certificate above written.•
Notary Public in and for the State 0' Washington,
Co. co residing at Port Angeles.
PU My commission expires:
vz"'
Attest:
Hurd,�City Clerk
W
J
N:\PWKS\Wa,stewater\Fa.stUGA Sewer\Connecting to EMA 2010\175 Bayview Ave\175 S Bay View Ave Annexation Agreement.doc
4