HomeMy WebLinkAbout5.1018 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:
2010 1251484
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 05/05/2010 02 41 22 PM
1111 Wi .6 lemi CiIIrLI IN,L N Qli'' Ih leirliiir1/4 Ill "111111
AGREEMENT TO ANNEX
Roy W. and Patricia A. Jones
City of Port Angeles
ASSESSOR'S PARCEL NO. 0530185306800000
Lots 41, 42, 43, and 44, Block 6 of Chandlers Suburban Addition
recorded in Volume 3 at Page 43 and portions of vacated Third
Street and vacated Bay View Avenue as shown per survey
recorded in Volume 46 at Page 26, Records of Clallam County,
Washington.
Situate in County of Clallam, State of Washington.
(property more commonly known as 132 South Bay View
Avenue)
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter
the "City and Roy W. and Patricia A. Jones, husband and wife, (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 and hereby makes application therefore; and
WHEREAS, it is appropnate that the Property Owner grant to the City, Property Owner's
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permission to annex the property when it becomes eligible for annexation into the City.
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 descnbe some of those conditions.
2. PROPERTY SERVED: The property that is the subject of this agreement is described as
follows:
Lots 41, 42, 43, and 44, Block 6 of Chandlers Suburban Addition recorded in
Volume 3 at Page 43 and portions of vacated Third Street and vacated Bay View
Avenue as shown per survey recorded in Volume 46 at Page 26, Records of
Clallam County, Washington.
Situate in County of Clallam, State of Washington,
(property more commonly known as 132 South Bay View Avenue)
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 herem. 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 descnbed 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.
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, relating to the
provision of utility service by a municipal provider.
If the City 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 Limited 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, shall run with the
land, bmdmg 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 VIA cti.
1 1
Roy W. !one)
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
ST
On this 1 day f Public for the State of Washington,
duly commissioned and sworn, of M/ 2 0 ber ota personally appeared �1 ry ton g
Y c on
0 S P Y PP Q TQ..tGt�} 3'p �S to me known to be the
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 da ear first in this ificate written.
^�i i
Notary Public in and for the State of wStIN 14 to-6 14
ppT,y� O residing at Po 2T fr46 ZET
My commission expires: l I. 3! 1
s
IvASH,N��,�
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for the Property Owner(s).
t'atricia A. Jones
v
EXECUTED this 3 day of 'E 2010 for the City of Port Angeles, a
Municipal Corporation
By: Gkn n A Cu TLC-a.
Tit1e:�,z.1„rz r puS4.44_ City of Port Angeles
■A.oftg. i a 4d11%+‘11ES
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this day of 2010, before me, a Notary Public for the State of Washington,
my commissioned and sworn, personally appeared N �J A tin L to me known to be the
tom. I '71;; Q a of the municipal corporation that executed the within and foregoing
n said instrument to be the free and voluntary act and deed of said municipal
corporal ,.fit the�u'ses l��urposes therein mentioned, and on oath stated that he is authorized to execute said
instr�irnJ't O T A g y a
03/01/12
,,Given under my Vaud $tid official seal the day and year first in this certificate above written.
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!O 1�WA lk \s,
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App ved as to fo
m oor
City Attorney
N \Wastewater\East UGA Sewer \Connecting to EUGA 2010 \132 S Bay View Ave Annexation Agreement doc
Notary Public in and for the State of Washington,
residing at Port Angeles.
My commission expires: 1 Z
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