HomeMy WebLinkAbout5.679 Original Contract
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AFTER RECORDING RETURN DOCUMENT TO'
City of Port Angeles
PublIc Works and UtIlItIes Department
PO. Box 1150* 321 East fifth Street
Port Angeles, W A 98362
2004
Clallam
County
DOCUMENT TITLE: PRE-ANNEXATION AGREEMENT
1135700
REFERENCE NUMBER OF RELATED DOCUMENT:
Grantor:
Grantee:
City of Port Angeles, Washington (City)
Brandon Middleton
Linda Middleton
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FilED FOR "ECefW !, T 1!!i: fiEOUEST
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2004 JUN 21 M1 9: 34
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Legal Description: Lots 23 and 24, Block 5 Mallettes 2nd Addition, to Port Angeles,
Washington, as per plat recorded in Volume 2 of plats, Page 54
records of Clallam County of Washington, commonly known as
West Spruce Street
Parcel # 0630085505800000
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PRE-ANNEXATION AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF PORT ANGELES, a
first class municipal corporation of the State of Washington, (hereinafter the "City") and Brandon
Middleton, West Spruce, Parcel # 0630085505800000, (hereinafter the "Property Owner(s)"), in
consideration of the mutual covenants set forth herein, agree as follows:
WHEREAS, the Property Owner's real property is outside the present city limits of Port
Angeles but is within the Port Angeles Urban Growth Area (P AUGA) as designated by Clallam
County pursuant to the Washington State Growth Management Act, Ch. 36. 70A RCW, (GMA); and
WHEREAS, The Port Angeles City Council, by Ordinance No. 3082 has authorized the
extension of City services into the Urban Growth Area and the Property Owner will be consuming
City water.
WHEREAS, the Property Owner(s) are willing to enter into the following Pre-Annexation
Agreement, and
WHEREAS, the property serviced which is the subject of this Agreement is described as
follows:
Lots 23 and 24, Block 5, Mallett's 2nd Addition to Port Angeles, Washington, as per
plat recorded in Volume 2 of plats, Page 54, records of Clallam County, Washington,
commonly known as 1235 West Spruce Street.
NOW THEREFORE, in consideration set forth herein, the City and the Property Owner(s)
agree as follows:
1. The Property Owner( s), by and through the undersigned duly authorized representative( s),
warrants that they are the legal and equitable owner(s) of, the real property as legally described
herein.
2. It IS the intention of the parties that this Agreement shall be interpreted as a covenant
running with the land and therefore shall be binding on the property owner and successors in interest
in the property.
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3. The Property Owner(s) understand that the City contemplates annexing the property
served herein. According, the Property Owner( s) agree 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, will not oppose and will participate in any such annexation proceedings. In
the event that annexation is by a method other than by petition, the Property Owner(s) WaIves the
right to any protest of such annexation.
4. If any imrrovement dlstricts ar~ fonnen meluding the property fol1o\,'ine anllf?x'ltion of
the property, the Property Owner(s) shall not be required to pay assessments thereunder in excess
of its fair and equitable share for such improvements.
EXECUTED, this q,+l day of tkvnL
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Property Owner
, 2004. ; I~
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P perty Owner
EXECUTED, thi.s / ~St&"'da~ OfqLA ~
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Glenn Cutler,
Director of Public Works and Utilities
, 2004, for the CITY OF PORT. ANGELES
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM
On thl'S /~t.:Pr -lay Of~ ">nnL!. h"fn"'''..,.,'' "N"tn",u pnt...1;c -C'r._ +1. -. S......,. _-C'
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Washington, duly commissioned d sworn, personally appeared before me Glenn Cutler
and Becky J. Upton, to me known to be the Director of Public Works and Utilities and City Clerk,
respectively, 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 they were
authorized to execute said instrument.
Given under my hand and official seal the day and
ve written.
L:Ji~()
Notary Public in and for e
State of Washington, residing
at Port Angeles.
My commission explfes~ ~ tj-IJi