HomeMy WebLinkAbout000500 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:
2012 1283031
Page 1 of 4 Agreement
Port Angeles City Of
Clallam County Washington 08/23/2012 11 26 18 AM
1111 r il I'L? iiiYr il4117I ti KIM firEMV ilthi IrWilli 11111
AGREEMENT TO ANNEX
Gloria D. Burke, LLC
City of Port Angeles
ASSESSOR'S PARCEL NO. 0530075014600000
Parcel C of Boundary Line Adjustment Survey, recorded August
4, 2005 in Volume 58 of Survey's, Page 69, under Clallam County
Auditor's File No. 2005 1162156, being a portion of Lots 5 to 10
inclusive, Block 14, all in Gay and Bickfords First Addition to
Port Angels, as per plat recorded in Volume 1 of Plats, page 86;
Together with portions of vacated streets adjoining, which upon
vacation, attached to said property by operation of law.
Situate in County of Clallam, State of Washington.
(property more commonly known as 3240 E Hwy 101)
AGREEMENT TO ANNEX
The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter
the "City and Gloria D. Burke,(a Washington Limited Liability Company), (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
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City of Port Angeles
Record #000500
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.
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:
Parcel C of Boundary Line Adjustment Survey, recorded August 4, 2005 in Volume 58 of
Survey's, Page 69, under Clallam County Auditor's File No. 2005 1162156, being a portion of
Lots 5 to 10 inclusive, Block 14, all in Gay and Bickfords First Addition to Port Angels, as per
plat recorded in Volume 1 of Plats, page 86;
Together with portions of vacated streets adjoining, which upon vacation, attached to said
property by operation of law.
Situate in County of Clallam, State of Washington,
(property more commonly known as 3240 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
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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 L.A day of 16+
Name
a wA.t r
Title
.06 ,E7 iNvai
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
2012 for the Property Owner(s).
Name
Title
On this /V) day of 3 l/r-U5 2012, before m�e a Notary Pu c for the State of
Washington, duly commissioned and sworn, personally appeared (Y 1 folio. V i Ur 1. to
me known to be the IC,\At V1 �r 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
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ove written.
Notary Public in and for the Stagof W.t
residing at at E .tma -.`f 'T
My commission expires: 1 b C91 -10
AGREEMENT TO ANNEX
EXECUTED this 7-2— day of kui h a r 2012 for the City of Port Angeles, a
Municipal Corporation
By: �'„1�C� t[-. 6:
Title: 'PfGesc.7 2, ru a it c. City of Port Angeles
`..oPcs s V.- /1 e"
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
Attest: Av
-Ja Hurd City Clerk
t&
c' ��!C,
On this /2t g day of 2012, before me, a Notary P blic for the State of
Washington, duly co missioned nd swo person Ally appeared per, _t ,i to
me known to be th /i' s'1-/B, „Oil" 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 10401 and official seal the da and year first in this certificate above written.
may Notary Public in and for the Slue of Washington,
r.
F. C 2 7 I residing at Port Angeles.
�y C7 V My commission expires 16
i
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N \PWKS\ENGINEER \Wastewater Correspondence\East UGA Sewer Connections \Connecting to EUGA 2012\3240 E Hwy 101 Gary's
Plumbmg\Annexation Agreement Corporation 3240 E Hwy 101 docx