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Home My WebLink About5.1054 Original ContractAFTER RECORDING RETI JRN 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 1253695 Page 1 of 4 Agreement Port Angeles City Of Clallam County Washington 07/06/2010 01 54 36 PM 1111 11 1+111,1+# ,14TIC %V, 141 IM IK'! 44'11 11 II AGREEMENT TO ANNEX Leon E Skerbeck and Lucille Celestmo City of Port Angeles ASSESSOR'S PARCEL NO. 0530185301320000 Lots 23, 24, 25, 26, 27 and a portion of lot 28, Block 1 of Chandlers Suburban Addition, within the SW 1/4 of the SW 1/4 of Section 7, T. 30 N, R. 5 W., W.M., per survey recorded in Volume 62 at Page 93, Records of Clallam County, Washington. Situate in County of Clallam, State of Washington. (property more commonly known as 143 Kemp Street) AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City and Leon E Skerbeck and Lucille Celestmo, (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 appropriate that the Property Owner grant to the City, Property Owner's permission to annex the property when it becomes eligible for annexation into the City. 1 NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: 1. PURPOSE: The Port Angeles City Council has authonzed 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 23, 24, 25, 26, 27 and a portion of lot 28, Block 1 of Chandlers Suburban Addition, within the SW 1/4 of the SW 1/4 of Section 7, T. 30 N, R. 5 W., W.M., per survey recorded in Volume 62 at Page 93, Records of Clallam County, Washington. Situate in County of Clallam, State of Washington, (property more commonly known as 143 Kemp Street) hereinafter "the Property": The City hereby agrees to provide sewer service to the above descnbed 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 descnbed 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 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 nght to vote in an annexation election or to participate in any annexation review procedures provided by statute. 2 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, binding the Property Owner, Property Owner's assigns, heirs, transferees, Successors in Interest and all who denve 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 /8 day of J V, e STATE OF WASHINGTON ss. COUNTY OF CLALLAM Given under my hand and official seal th Leon E Skerbeck Lu lle CelestinS 3 20 /0 for the Property Owner(s). day and y ar first m On this ter-4 day of r77,^ c 2010, before me, a Notary Public for State of Washington, duly commissioned and sworn, personally appeared L.eoa,, SLL,JA. uu c th,sl;0u to me known to be the Pe soAc of the corporation chat 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 authonzed to execute said instrument. is cerllicate above written. Notary Publis -in nii� the State of j1 6 residing at ��e l' .0r):47: .7 My commission expires: 03 -1 -2 �Y EXECUTED this 2. 1 day of —ki k. G" 2010 for the City of Port Angeles, a Municipal Corporation G k A C .iT �.tciZ Title: 17[IZ. City of Port Angeles -=.'iw ('T1 n' By: STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this Z.L day of -vim[ 2010, before me, a Notary Public for the State of Washington, duly commissioned and sworn personally appeared C LFzh) Cti n t. to me known to be the -J93u� kppQ ,g NCLatrola 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 is authorizeck0M1Mtvaid instrument. �E RI NF y '�ii Givei i atty'lla a' icial seal the day and year first in this certificate above written. u r i t`t., 4 1 0 3j011) 1 z 6 a Notary Public in and for the State of Washington, A V Cr residing at Port Angeles. 9' OF w Pg My commission expires: b 1 2 /l .'e PO, F. y Attest: e n App noved as tbform: 4 William E. Bloor City Attorney (a Hugel, City. N \PWKS \Wastewater \East UGA Sewer \Connecting to EUGA 2010 \143 Kemp St Annexation Agreement doc 4