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HomeMy WebLinkAbout001305 Original Contract City of Port Angeles Record #001305 2017-1356546 Page I of 7 Agreement Port Angeles City f Clallam County Washington 10/26/2017 02:M38 PM mill PI0110 %IWA&V1"MO IN10114 11111 AFTER RRC ORDING,R JRNTO City of Poral Angeles Public'Alorks and Utilities Depannient 321 E 5th St. Port Angeles,W'A 983(52 DOCUMENTTITLE: A(JREEMENTTO ANNEX GRANTORS: Unity in the Olympics GRANTEE: City of Port Angeles LEGAL DESCRIPTION: Lots 16 through 18, Block 6 of'Clarks Addition to Poll Angeles, as per plat recorded in Volume I of Plats,page 119,Records of Clallarn County, Washington, Situate in County of Clallam, State of Washington, (property more commonly known as 2917 East Myrtle Street) ASSESSOR'S PARCEL NO. 05300754066�00000 AGREEMENT TO ANNEX The CITY OF PORI'ANGELES,a municipal corporation of the State ofWashington (hereinafter the "City"), and Unity in the Olympics, a Washington State Non-profit Corporation (hereinafter the "Ilroperty OWTICC), 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 deseribed below; and WHEREAS, it is the desire of the Properly Owner that said property be seared 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 tire City. 1 MOW, THERE FORE, IT IS AGREED BETWEEN THE PARTIES as follows: I PURPOSE: The Port Angeles City Council has authorized the extorsion of ity sewer services into the Urban Growth Area, and the Property Owner will be using City sewer service. file 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 16 through 18,Block 6 of Clarks Addition to Port Angeles, as per plat recorded in Volume I of Plats,page 119,Records of'Clallani County, Washington Situate in County of Clallam, State of Washington, (property more commonly known as 2917 East Myrtle Street) 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) ,ro accomplish all steps necessary or proper for the annexation of said property under RCW 35A.14 and the ordinances and regulations of tile 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 rnore than a fail-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 oil 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 tenninated 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 tile State of Washington and ordinances and policies of the City, relating to the 2 provision of utility service by a municipal provider. If the City resolves to annex the above-described property pursuant to RC 25A.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 seNver 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_.Wday of ....................m 2017 for the Property(.owner(s). Title STATE OF WASH INGTON ss. COUNTY OF CLALLAM On this day of 2017, befits me, a N ta Publtc for the State of 7 Washington, duly c 2" to oramissioned and personally app( me known to be the 04-1, —, 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 an first in'0,us cat Bove written.,, n(l,for il State of v�_k, A"O'" VI N", ....... Nota Public in cacao5 ,�� residing at My commission expires: . .......... PUBLk �A 0 % WASVA "'fill 1W00 AGREEMENT TO ANNEX EXECUTED this day of 2017 for the Property Owner(s), lAjf), Jjj Name Title STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this7-2,v"..................._ day of 0660r-t' 2017, before ane, a Notary Public for the State of . ............. Washington, duly cornmissioned and sworn, personally appeared (14 cr M&v4so el to me known to, be the _ww !nA -, of the corporation that executed the within and foregoing instrument, and acknowlecTged 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. /40 N ryPublicinark, to e State of re t a residiLng at z414 ................ c 7 7 o a 2 6......... My cornnussiltexpires: . 0 v j, e I 06o'11,006 "N,;X" s" Vil 4 AGREEMENT TO ANNEX EXECurED this 20 day of 2017 for the Property Owner(s), Narisp "fitle STAII OF WASHINGTON )ss. COUNTY OF CLAUAM Oil this day of VVY 2017, before im. ; 0 D is IR)i N t or the State of Z'��U lt� Publ� Washington, duly commissioned 4jid sworn, personally appeared �<4A ......... to me known to be theof the corpo�a�n 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 thercin mentioned, and on oath stated that he is authorized to exCCUte said instrument. Given under my hand and official seal the day aT ye asst in tljj�scertifieateabove written. NjIttluilitt, C—,:Notary b] n /for th Stateof ,%'I0 COGS(j, residingat N- My commission pire�.: .0 C,� C NIk 5 AGREEMENT TO ANNEX EXECUTED thisday of 2017 for the Property Owner(s). Name Title STATE OF WASHINGTON ss. COUNTY OF CLALLAM O . .....n this 2"A ,,,__, dayof 2017, before ine, a Notary Public for the State of .. .................. Washington, duly commissioned and sworn, personally appeared to me known to be the T(e(x-,S Q'CkX-' 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 lie is authorized to execute said instrument, Given under my hand and official seal the day a l year fi 'In this certificate above written. .......... Notary Public in and the State o 0-4 FLYA 11/k residing at �o /9nv'5 . I -VA4 My conniiission expires: -:Z'� 0% "2-0 Z t - s. MOTAPk S =(P,k PuBori 10 = AGREEMENTTO ANNEX EXECUTED thisof 2017 for the City of Port Angeles, a y Municipal rp( ion By: City of Port Angeles STATE OF WASHINGTON ) )ss' COUNTY OF CLALLAM On this-sJday of 1 2017, before to a Notary Public for the State of Washington, duly Comn ssioned and swo Perwall appeared to me known to be tlac 4), 'lal-I �r' pa a_ll ' '� li _S, of the rnunYcoqioration that executed the within and foregoing iiistniment, i�d'acknowl edged said instrument to be the free and voluntary act and deed of said municipal coil),oration, for the uses and puq),ose.s therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day a year first in this certificate above written, Rata Public in and for the State of Washington, residing at.Pori, Angeles. Mycominissionexpires: — A A# 04 Attest: UP.I VMV Jennifer Veneklasen,Ci 0 kkj-4, AZI II N�',PWKS,,ENGINEER\,ArastL-waiLt coruNivridenceTast UGA Sewer ConnectionsConmeting to EUGA 2017,2917 E Myrtle St Unity in the Uyinpic s',Annexat ion Agreement Coil-mation 2917 E Myrtle St.doc 7 3 �� �.� i� k�w bnm'm+u�,��av > 'k �i, p Alli, �