HomeMy WebLinkAbout000191 Original ContractAFTER RECORDING RETURN TO
City of Port Angeles
Public Works and Utilities Department
P 0 Box 1150
321 E 5th St
Port Angeles, WA 98362
DOCUMENT TITLE:
GRANTORS:
GRANTEE:
LEGAL DESCRIPTION:
AGREEMENT TO ANNEX
Davis Family 906 908 LLC
City of Port Angeles
AGREEMENT TO ANNEX
2011- 1268622
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 08/02/2011 09 12 23 AM
1111 h FYF.II IIVIOV«'i! Nil ri;,1 liiii :ir, Wi'il III! I
Situate in County of Clallam, State of Washington.
(property more commonly known as 2453 E Hwy 101)
ASSESSOR'S PARCEL NO. 0630125718200000, 0630125101800000
WHEREAS, the Property Owner is the recorded owner of property located within Clallam
County, Washington described below; and
City of Port Angeles
Record #000191
Lots 11, 12, and west half lot 13, Block 18 of Mallettes Addition
to the Town site of Port Angeles and portions of adjoining vacated
Third Street, vacated Carne Street, and vacated alley, and portions
of lots 28 thru 30, Block I of Crow Bakers Addition to Port
Angeles lying north at the north margin of US 101, Records of
Clallam County, Washington.
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter
the "City and Davis Family 906 908 LLC, (hereinafter the "Property Owner in consideration of the
mutual covenants set forth herein, agree as follows:
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
1
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 describe some of those conditions.
2. PROPERTY SERVED: The property that is the subject of this agreement is described as
follows:
Lots 11, 12, and west half lot 13, Block 18 of Mallettes Addition to
the Town site of Port Angeles and portions of adjoining vacated Third
Street, vacated Carne Street, and vacated alley, and portions of lots 28
thru 30, Block I of Crow Bakers Addition to Port Angeles lying north
at the north margin of US 101, Records of Clallam County,
Washington.
Situate in County of Clallam, State of Washington,
(property more commonly known as 2453 E Hwy 101) 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 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 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 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
2
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
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, 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.
EXECUTED this
Name Name
Title Title
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
On this Of 0 day of 2011, before e, a Nota Public for the State of
Washington, duly commissioned and sworn, personally appeared C 'j Cfi e 13 ba x)1S to
me known to be the IM YlU C ,Y 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 day and year first in this certificate above written.
day of ■iPt. iy 2011 for the Property Owner(s).
3
Notary Public in ancri �G for the State of O
residing at J
My commission expires: 'A 3 I
EXECUTED this 1 42 day of Avg", h 2011 for the
Municipal Corporatio
By: rL n,n A C.+'T\.est
Title: Dine cornst City of Port Angeles
t✓Lirk• iv ES
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this 2' day of tic v.S 2011, before me, a Notary Public for the State of
Washington, duly commissioned and sworn, personally appeared G C,Ne■ —vr to
me known to be the D��E�� >r Y�� �L.r w.z 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 authorized to execute said instrument.
Given under my hand and official seal the day and year first in this certificate above written.
Po')
Attest: y
jC''lerk:
E,1 F,
.r V
INCr
t
+r rrrid.rr,tt���'E
ss.
City of Port Angeles, a
Notary Public in and for the State of Washington,
residing at Port Angeles.
My commission expires: 5 Z t Z 1
x,,, M 4
�QTAl�
EXP 05/21/2014
5 ,°U8 t_' e
,,OOIWASN;``.
N \PWKS\ENGINEER \Wastewater Correspondence\East UGA Sewer Connections \Connecting to EUGA 2011\2453 E Hwy 101\Annexation
Agreement 2453 E Hwy 101 docx
4