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Home My WebLink About5.990 Original ContractAFTER RECORDING RETURN TO: City of Port Angeles Public Works and Utilities Department P.O. Box 1150 * 321 E 5th St. Port Angeles, WA 98362 DOCUMENT TITLE: GRANTORS: GRANTEE: LEGAL DESCRIPTION : 2009- 1243592 agreement Page 1 of 4 Of Cla11amnCountyCWashington 10102/2009 02 55 37 PM Port geles IIIIh'i' ♦M4'IVriI# ' I4 ' ii NI l intii tiiiiiNI,147.1iiii III III AGREEMENT TO ANNEX David G. and E. Mardi Sellars CITY OF PORT ANGELES ASSESSORS'S 0630125820000000 TAX/PARCEL NO(S): Lots 1 & 2, Block 20, Syndicate Second Addition, as per Plat Recorded in Volume 1 of Plats, Page 58, Records of Clallam County, Washington. Together with that portion of vacated alley adjoining on the south side. Situate in County of Clallam, State of Washington. (property more commonly known as 2374 East 3rd Ave) AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and David G. and E. Mardi Sellars, 2374 East 3rd Ave, Port Angeles, WA. Parcel Number(s): 0630125820000000, (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 of Port Angeles and hereby makes application therefore; and WHEREAS, it is appropriate that the Property Owner grant to the City of Port Angeles Property Owner's permission to annex the property when it becomes eligible for annexation into the City of Port Angeles. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: I. 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 & 2, Block 20, Syndicate Second Addition to Port Angeles as per Plat Recorded in Volume 1 of Plats, Page 58, Records of Clallam County, Washington. Together with that portion of vacated alley adjoining on the south side. Situate in County of Clallam, State of Washington. located in Clallam County, State of Washington, (hereinafter "the Property "). The City of Port Angeles 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 of Port Angeles providing said utility service, the Property Owner hereby grants and conveys to the City of Port Angeles a Special Power of Attorney to exercise any and all rights said Property Owner, 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: (a) To petition to the City of Port Angeles for annexation of any part or all of the property described above, which petition shall conform to the provisions of paragraph (b) below. (b) To accomplish all steps necessary or proper for the annexation of said property -2- Annexation Agreement 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 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 than a fair share of the City of Port Angeles bonded indebtedness at the time of annexation. (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 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 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 of the property to the City of Port Angeles. 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 the State of Washington and ordinances and policies of the City of Port Angeles, relating to the provision of utility service by a,municipal provider. If the City of Port Angeles resolves to annex the above - described property pursuant to RCW 35A.14, the Property Owner and Successor in Interest covenant not to challenge same by 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 sewer service from the City of Port Angeles, 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. -, E �1i�U1 ►. t i a of :.,,�,. -� " _ , 200 �` for the Pr.,. erty Owner(s). Property Owner STATE OF WASHINGTON ) COUNTY OF CLALLAM ) ss. PROPERTY OWNERS -3- Property Owner Annexation Agreement On thisa) day of Jec =er- , 200 al , before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared "Qx„ ,);c G sex\ar4. t £ rn& rd: Sellars to me known to be the individual(s) des `r nd who executed the foregoing instrument, and acknowledged the said instrument to be their/his /her free d deed, for the uses and purposes therein mentioned, and on oath stated that they/he /she are /is a d0ecy is td instrument. = 4' C1 F�o Tq Given under i hand androfffafaI stl th - m s s • — cn te 0 13 0130L) 7 09_1 d l� ''I1 w ; ` EXECUTED this gob day of TE j Q_ , 200 for the City of Port Angeles. CITY OF PORT ANGELES, a Municipal Corporation By: 6kn4A C - TUE TL Title:`, R € c.roR o 0.O ; a. , City of Port Angeles t...,, file $ a 4 rh... iT7 STATE OF WASHINGTON ) ss. CITY OF PORT ANGELES COUNTY OF CLALLAM On this AO day of SG , 200 9- , before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared 41L,.EI.70 C„JT L S47 , to me known to be the e_ IA OPr .S ‘ btQ.Okt o\C. , of the municipal corporation that executed the within and foregoing instrument, and acknowledged said mstrument 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 authonzed to execute said instrument Given ui(tottiyatiti and official seal the day and year first in this certificate above wntten. ,10t4E R/N • . T A if 03/01/12 9 i p(B`tC sO ` tr- C \ DATA \ WP \EUG "AggrE@meiR•IgPnnexi4$lnar d \ \\ p WASN �\ \\ Notary Public i and fo_i1Iiegtate of Washington, residin • ' • Angeles. My commission expires: --q 3- Notary Public in and for the State of Washington, residing at Port Angeles. My commission expires: 3- `- 12.