HomeMy WebLinkAbout001279 Original Contract 2017-1347513
Page I of 4 Agreement
Port Angeles City Of
C7allam County Washington 03/28 2017 10 42 04 AM
City of Port Angeles
47
Record #001279
AEMILKES21RI.&NAG RIL",FURN TO:
City of Port Angeles
Pubfic Works and Utilities Npartment
321 E 5th St.
Port Angles,WA 98362
DOCSME NTTITLE- AGREEMENTTO ANNEX
(3RANTORS: James L. Pabst and Susan C. Hove-Pabst, husband and wife
(Owner of subject property)
GRANTEE: City of Port Angeles
LE(jAL DESCRIPTION:
Lot 7 of Fox View, as recorded in volume 9 of Plats,page 24 and
25, records of Clallarn County, Washington; TOGETHER WITH
the South half of vacated alley adjoining said property on the
North,
Situate in County of Clallain, State of Washington.
(property more commonly known as 2323 F" 3,d Avenue)
ASSESSOR'S PARCEL O. 063012660070000
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES,a municipal corporation of the State of Washington(hereinafter
the "City"), and James L. Pabst and Susan C. Hove-Pabst, husband and wife (hereinafter the "Property
Owner"), in consideration of the mutual covenants set forth herein,agree as follows:
W1 IEREAS, the Property Owner is the recorded owner of property, located within Clallain 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 BETWEENTHE PARTIES as follows:
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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:
Lot 7 of Fox View, as recorded in volume 9 of Plats,page 24 and 25,records of Clallam
County, Washington; TOGETHER WITH the South half of vacated alley adjoining said
property on the North,
Situate in County of Clallam, State of Washington,
(property more commonly known as 2.323 E 3rd Avenue)hereinafter"the
Property":
The City hereby agrees to provide sewer service to the above described property.
1 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
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
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participate in any annexation review procedures provided by statute.
4GOVERNING 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 RC` 3 SA.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 concerts 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
2017 for the Property Owner(s).
property Owner r perty Owner
rop
STATE OF WASHINGTON
) ss.
COUNTY OF CLALLAM
On this 11Z_'� tt\ day of (j, 2017, before me, a Notary Public for the State of
Washington,duly commissioned and sworn,personally appeared ?,,L�,,A- "? �(b,65 tome
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 Linder my hand and official seal the day and ye first in this certificate above written.
Notary Public Notary Public in and for the State of V1,1/_
residing at 126(-, �&t)
State of Washington L.��e
Can Stricker My commission expires: .
Commission Expires 07-24-2017
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AGREEMENTTO ANNEX
wk AA
EXECUTED this day of_ l Xk_ ,2017 for the City of Port Angeles,a Municipal
Corporate _.
By:
Title: +4 ^�° \ � ` , City of Port Angeles
STATE OF WASHINGTON)
)ss.
COUNTY OF CLALLAM )
On this day of "" 2017, 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 execrated 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 Ire
is authorized to execute said instrument.
Given ut�qf,my,hp,nd and official seat the day and year first in this certificate above written.
3 ANO
•"� «« «* ' rotary Public in and for the State of Washington,
« residing at Port Angeles.
• My commission.expires.
« 0 , _
W,S;;
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Attest:
finnif eneklasen , City Clerk
N PW S\F.NGI E,ER\A'astewatcr CorrespondenceTast UGA Sewer C'annections\Connecting to EUGA 2017\2323 E 3rd Ave`Annexation
Agreement Married Aeon Coporation Teenplate.docx
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