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Home My WebLink About5.959 Original Contract 5.'15'1 2009-1239663 Page 1 of 4 Agreement Port Angeles City Of Clallam County Washington 07/07/2009 09: 02:: 51 I'IM IIII ~r. ~t~,~~ ,I"~.II\~ ,~ir"l ~r,',r,l,',:" rH,r.I~I"I,~ti'i,~!I& 11111 AFTER RECORDING RETURN TO: City of Port Angeles Public Works and Utilities Department P.O. Box 1150 * 321 E 5th St. Port Angeles, W A 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION (abbreviated): ASSESSORS'S T AX/P ARCEL NO(S): AGREEMENT TO ANNEX Rachel L. Ringer CITY OF PORT ANGELES Lot 7 of Eklund Subdivision as! per Plat thereof Recorded in Volume 15 of Plats , Page 42, ~ecords ofClallam County, Washington. I Situate in County ofClallam, State of Washington (property more commonly knoirn as 2363 E 7th Ave) I ! 0630126900700000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporatibn of the State of Washington (hereinafter the "City"), and Rachel L. Ringer, 1231 Campbell Ave, Port Angeles, W A 98362. Parcel Number: 063012690070000 (hereinafter the "Property dwner"), 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 I -1- , i I ! WHEREAS, it is the desire of the Property Owner that said property be served with sewer I from the City of Port Angeles and hereby makes application there~ore; and I WHEREAS, it is appropriate that the Property Owner gn:l.nt to the City of Port Angeles Property Owner's permission to annex the property when it become~ eligible for annexation into the City of Port Angeles. , NOW, THEREFORE, IT IS AGREED BETWEEN THE plARTIES as follows: I 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 otthis Agreement is described as follows: Lot 7 of Eklund Subdivision as per Plat thereof~ecorded in Volume 15 of Plats, Page 42, Records of Clallam County, Washington. I located in Clallam County, State of Washington, (hereinafier "the Property"). i The City of Port Angeles hereby agrees to provide sewer service to the above described property. : i 3. AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner understands I that the City contemplates annexing the property served her~in. In consideration ofthe City of Port Angeles providing said utility service, the Property dwner hereby grants and conveys to the City of Port Angeles a Special Power of Attorney to: exercise any and all rights said I Property Owner, heirs or assigns and any successors in interest to said Property Owner, including any purchasers, mortgage holders, lien holders or bther persons who may claim an interest in said property, hereinafter referred to as "Successors in Interest," to accomplish the . I followmg: (a) To petition to the City of Port Angeles for annbxation of any part or all of the property described above, which petition shall conform tOithe provisions of paragraph (b) below. I (b) To accomplish all steps necessary or proper fori the annexation of said property under RCW 35A.14 and the ordinances and regulations of the City of Port Angeles for annexation of property to the City of Port Angeles with zoning consistent with the ordinances I of the City of Port Angeles and with the condition that Property Owner or the owner's Successors in Interest will be required to assume no more th~n a fair share ofthe City of Port Angeles bonded indebtedness at the time of annexation. , (c) To sign any and all letters, petition and other doc~ments necessary to accomplish said annexation on behalf of any Successors in Interest as ~efined above. -2- Annexation Agreement i This 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 ~y the City of Port Angeles. The Property Owner agrees to sign any and all notices, petitions and other documents requested:at any time by the City leading to the annexation ofthe property to the City of Port Angeles. The Property Owner does not waive any applicable right to vote in an annexation I election or to participate in any annexation review procedures provided by statute. I 4. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United States and the State of Washington and ordinances and polities of the City of Port Angeles, relating to the provision of utility service by a municipal prpvider. Ifthe City of Port Angeles resolves to annex the above-described property pursuant to RCW 35A.l4, the Property Own'er and Successor in Interest covenant not to challenge same by I referendum or other methods. . This Agreement and Power of Attorney touches and concerns the real property described above and so long as the said property is served by sewe~ service from the City of Port Angeles, shall run with the land, binding the Property Owrer, Property Owner's assigns, heirs, transferees, Successors in Interest and all who derive: an interest therein. I I THIS AGREEMENT shall be recorded in the Clallam Coun,ty Auditor's Office and shall be referenced upon any or other ins~ an interest in ~aid property. EX UTED thts 'Z.? day of , 200 'li1fol the Property Owner(s). Property Owner I I I STATE OF WASHINGTON) ) ss. PROPERTY OWNERS COUNTY OF CLALLAM ). i On this '1~day of rA.I/\../ 1),200])1, before me, a Not~ Public for the State of Washington, duly COmmiSSion~swom,~d ~C l-,eJ /2-i.~t: ' to me known to be the individual(s) described inand who executed t e foregoing ins nt, 4nd acknowledged the said instrument to be theirlhislher free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that theylhe/she are/is authorized to execute said instrument. -3- I I (Agreement to Annex) I . ~""""""" ' ~" ~. AI\IQ 'I;, , ~ ^t- ",""'''\111', ~J 1 --_~V.~~\ON e~iL'2 ' Givffi~~~~"{~~ui~~(f<;ial seal the day and year first in this certificate aqove written. - 'l( E~.!>..O J. '" '" t ' . I ~ ~;:'o ~ ell ~ ~ ~ .. ~u - . - ~ Z ~ ~, \ A ,CI i 0 E ',~ _ ')'~ Clt" ~ g I<;. -' ~ ~ ~'IIS-09-\..? " ' 'I "'lIo.. ," ,..."''' 111,"r~ Itlll\\\\\"'... ","" f)r.- '.-. . Notary Public in and for the State ofW s ington, I , residing at Port Angeles. ! My commi"ion 'xpireso lli(t q I :J-O/ D ; I EXECUTED this ~3 day of ~ , 200 ~ foi the City of Port Angeles. CITY OF PORT ANGELES, a Municipal Corporation BY:~~ Title: 7/ 1JZF:'t:.;m~ I pJII ~ 11 I ~LENN..4. e-urUk.- I , City of Port Angeles ! STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM On this ~ day of -~(lJ. L , 200~, before me, a Notary P~blic for the State of Washington, duly commissioned and sworn, personally appeared ~l...e;JJ \J e...u1~1l. , to me known to be the ~~L\C!. ~q,. 0\ 0 a~ ' of the municipal corporation that execut~d 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/she was authorized tp execute said instrument. Given under'my;h.and and official seal the day and year first in this ceJificate above written. II~. I . ..:.., ~ 'C. R I;\J E Ii ./,~ (\ "- ... . rr::;> . ::/ ~\ .............,...-1-9,~;. ~~lt....'L: L\. A,.Cor_lCl4.. ~ .:... <v . . ""~ ,~ ' ;; ~ .... 0 ~J\R,y \. ~ Notary Public in and for tpe State of Washington, == "'C i ~'" 1, ~:. z :: residing at Port Angeles. I, - U . 10'''' .,... - '"1 \ 2 :: : 0.3. . (; :; 0 :: My commission expires: I --J' - \ :::: \ \;. \', '-'.~: I-. .::- I -:::. If". P, U \)," ..:- ~ ~ I ~ .r ..... ' ..~.~. ~ ~ 'l "1,. ,..........! ,~" ~ ~//II ~ 0 F W ~ S \~~~" 1IIIIIIJJt\I\\\\\~ . CITY OF PORT ANGELES -4-