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Home My WebLink About5.995 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 (abbreviated): ASSESSORS'S TAX/PARCEL NO(S): 2010 1248028 Page 1 of 4 Agreement Port Angeles City Of Clallam County Washington 01/29/2010 01 43 03 PM 111! h'ir♦ I x«1:4 i, i+ii Ii41:14'`I111,I 0 ritER1.1 11111 AGREEMENT TO ANNEX Colin P. Moore and Tara L. Shay CITY OF PORT ANGELES Lot 2 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records of Clallam County, Washington. Situate in County of Clallam, State of Washington (property more commonly known as 2343 E 7 Ave) 0630126900200000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City and Colin P. Moore and Tara L. Shay, 1308 East Front Street, Port Angeles, WA 98362. Parcel Number: 063012690020000 (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: 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 2 of Eklund Subdivision as per Plat thereof Recorded in Volume 15 of Plats, Page 42, Records of Clallam County, 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 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. -2- Annexation Agreement 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. EXECUTE this a,'2j day of tl 1/4 Property Owner Property Owner -3- e Property Owner(s). STATE OF WASHINGTON ss. PROPERTY OWNERS COUNTY OF CLALLAM On this 3 day ofI 200 before me, a Notary Public for a State of Washington, duly commissioned and sworn, per onally appeared ant a (Y\o t Q, jQ,r-cL to me known to be the individual(s) descnbed in and who executed the foregoing instrument, and acknowledged th 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 are /is authorized to execute said instrument. (Agreement to Annex) 1V1 S O S v_ i n r m) b 4I official seal the day and year first in this certificate above written. o r z :J1+ 11- 60 nn(1 CaO∎SQS A44 rn l' Notary Public in and for the State of Washington, 0 7i ''44'4)1 0$ residing at Port Angeles. n 1 is i My commission expires: "1 "I EXECUTED this 23 day of 44 L CITY OF PORT ANGELES, a Municipal Corporation By: knrn'4.. C'u r Title: 7)/E Z. t City of Port Angeles STATE OF WASHINGTON ss. CITY OF PORT ANGELES COUNTY OF CLALLAM 200 4 for the City of Port Angeles. On this ..3 day of MPCLLL 200 4 before me, a Notary Public for the State of Washmgton, duly commissioned and sw9z, personally appeared Cole -P 111 to me known to be the B h L G j 4 ,,t .exot of the municipal corporation that executed 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 to execute said mstrument. Given under my hand and official seal the day and year first m this certificate above wntten. n Wet ...Nek Notary Public in and for the State of Washington, residing at Port Angeles. My commission expires: 3 N, tz,