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HomeMy WebLinkAbout001183 Original ContractCity of Port Angeles Record # 001183 2017 - 1344269 Peoe 1of 4 As.eement P;r t Anseles citv ofciiriai'i i.""i' tlainrngton 0! 05/?0;04 ittt ltir.rltE lttrttltlill lldt llll,llFrll'irl, 37 17 Cfr U E'tlt+ lllll AFTER RECORDINC RETURN IO: City of Pon Angcles Public works and Utilities Depaftnent 321 E 5h St Pon Angeles, WA 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION: ASSESSOR'SPARCELNO. 06300744903OOOOO NO PROTEST AGREEMENT TO ANNEX Stephen Wirth City of Port Angeles Lot 3, Pennington Short Plat, as per Plat recorded in Volume 9, Page 25, and survey Volume 46, Page 43, Records of Clallam County, Washington. Situate in County of Clallam, State of Washington. NO PROTEST AGREEMENT TO ANNEX The ClTy OF PORT ANGELES, a municipal corporation of the State of Washington (hereinalter the ..city,,), and Stephen wirth, (hereinafter the "Property owner"), in consideration of the mutual covenants set forth herein, agree as follows: wrIEREAS, the Property owner is the recorded owner of property located within claltam County, Washington described below; and WmREAS, it is the desire of the Property Owner that said property be served with sewer from the City and hereby makes application therefore; and I 2 NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: PLRPOSE: 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 ofthose conditions. PROPERTY SERVED: The property that is the subject of this agreement is described as follows: Lot 3, Pennington Short Plat, as per Plat recorded in Volume 9' Page 25, and survey Volume 46, Page 43, Records of Clallam County, Washington' Situate in County of Clallam, State of Washington, hereinafter'the Property": 3 The City hereby agrees to provide sewer service to the above described property' AGREEMENT NOT TO PROTEST ANNEXATION: The Property owner understands that the city contemplates annexing the property served herein. In consideration ofthe city providing said utility service, the Property Owner, its heirs or assigns and any successors in interest to said property bwner, 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', agree to noi protest any and all notices, petitions and other documents consistent herewith requested at any timi by the City leading to the annexation of the property to the City. The Property Owner does not wiive any appticable right to vote in an annexation election or to participate in any annexation review procedures provided by statute. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United States and the State of Washington and ordinances and policies ofthe City, relating to the provision of utility service by a municipal provider. If the City resolves to annex the abovedescribed property pursuant to RCW 35A.14, the hoperty Owner and Successor in Interest covenant not to challenge same by referendum, or other methods. This agreement touches and concems the real property described above and so long as the said prop"rty ir served by sewer service from the city, shall run with the lan4 binding the Property bwner, 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. 4 2 l. EXECUTED this ? a6,y of Tnr.r., ,2017 for the Property Owner(s).I STATEOF WASHINGTON COUNryOFCLALLAM ) ) ss' ) On this tlt\day of ln,.n',."1 , 2017, before me, a Notary Public for the State of Washington, duly commissioned and sworn,perso#lly appeared to me known to be the individual(s) described in and who executed the foregoing instrument, and acknowledged the said insrument to be their/hiJher free and voluntary act and deed, for mentioned, and on oath stated that they/he/she/is authorized to execute said the uses and purposes therein instrument. Given under my hand and official seal the day and year first in this certificate above written. 1ll Notarv Public in and for the State residingat l?t) U lt^tf. of r0rrrr rurlc '. co.nf, rr,*3 : xJC. o12@ .' c ao )oMy commission expires: OF J NO PROTEST AGRf,EMENT TO A}{NEX EXECUTED this day of To,..,.r 2017 for the City of Port Angeles, a Municipal By: T P.t Uor City of Port Argeles STATE OF WASHINGTON ) ) ss. COI]NTYOFCLALLAM ) On this tlff.day of b ,2017, before Washington, duly known to be the commissioned and swom,y appeared within and foregoing instrument, and acknowledged said instrument deed ofsaid municipal corporation, for the uses and purposes therein is authorized to execute said instrument. a Public for the State of to me Dr 'L. ,€ P*t N,tb . of the mun corporation that executed the to be the free and voluntary act and mentioned, and on oath stated that he Wa Notary Public in and for the State of Washington, residing at Port Angeles. My commission expires:I 6 &)o i,atatr,,"*! <onr. ur*s'. rue.rroo OF Attest: ifer eneklasen, City C lerk N:\pWKS\ENGtNEER\Wastewater Conespond€nce\West UGA Sewer Connections\Steve Winh West H\Ary lot\Stephen Wirth West Hwy l0l Annexdioo Agrecment v4.docx 4 and official seal the day and year first in this certificate above written.