HomeMy WebLinkAbout5.706 Original Contract
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CR RESOLUTION Nil
0& , 2005
BOUNDARY ADJUSTMENT OF A PORTION OF US 101 RIGHT OF WAY WIl1-IIN THE
WESTERN UGA TO BE WITHIN THE CORPORATE BOUNDARY OF THE OTY OF PORT
ANGELES, WASHINGTON
THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows:
1. An area within Section 9, Township 30 North, Range 6 West falls within the jurisdiction Clallam
County, and has also been identified as within the Western Urban Growth Area.
2. The City of Port Angeles has annexed property to the north US 101 between Valley Street and Doyle
Road, but did not annex the highway right of way.
3. RCW 3SA.21.210 authorizes a county and a code city located within the county, by agreement, to
revise the corporate boundary of the dty with respect to a road on the edge of that boundary.
4. The County of Oallam and the City of Port Angeles mutually desire to have the corporate boundary of
the city revised such that the right-of-way of US 101 will be fully included within the corporate limits
and boundary of the Oty of Port Angeles as set forth in the attached following two pages: 1)
"EXHIBIT A: WESTERN UGA RIGHT OF WAY FOR OTY OF PORT ANGELES"; 2) "EXHIBIT B:
ADJUSTMENT OF OTYI COUNTY BOUNDARY".
NOW, THEREFORE, BE IT RESOLVED by the Board of Clallam County Commissioners, in consideration of
the above findings of fact:
1. That the Board hereby declares its intent, by mutual agreement, to revise the corporate boundary of
the City of Port Angeles pursuant to RCW 3SA.21.210.
2. That the boundary of the Oty of Port Angeles is hereby revised to incorporate into the Oty of Port
Angeles, for all purposes and with the same legal right, liabilities, and obligations as if said road
portions were being annexed into the Oty, all of US 101 as described in the attached Exhibit A, this
being a segment lying within the S Y2 of S9, DON, R6W, W.M., situate in the County of Clallam,
State of Washington. '
3. That the boundary of the County of Clallam is hereby also revised to exclude that portion of US 101
as described in Exhibit A and above.
PASSED AND ADOPTED this
lSVM
day of
~dJ;"~
2005
BOARD OF CLALLAM COUNTY COMMISSIONERS
'7,
ATTEST:
tvl'StA 7~otr
Trish Perrott, CMC, Oerk of the Board
\.
CR RESOLUTION NO. 0" ,2005
J:\Users\LFOX\ResoIutlons\RES western UGA RW to PA aty 2ooS.doc
EXHIBIT A
Western UGA Right-of-Way For City of Port Angeles
A portion of the south half of Section 9, Township 30 North, Range 6 West of the
Willamette Meridian, Clallam County, Washington, described as follows:
All of the U.S. Highway 101 right of way lying between the east margin of Doyle Road
and a northerly prolongation thereof and the west margin of Valley Street and a
northerly prolongation thereof. Containing 19.05 acres more or less.
J:\Users\LFOX\Resolutions\RES western UGA RW to PA Oty 200S.doc
Adjustment of City/County boundary
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Adjustment Area
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Existing City Limits
US 101 Right-of-Way between Valley St. and Doyle Rd
Area proposed for inclusion into City of Port Angeles
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FILED FOR RECORD AT ,kt ~[OUESl
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RETURN ADDRESS
2005 MAY 17 At1 8: 06
2005 1156642
Clallam
County
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Document Title(s)
'IA~v(oct<R ~t"u~A'it -6hj l' ft1Yf ~e--(es
Reference Numbers(s) of related documents
Additional Reference #'5 on page_
Grantor(s) (last, Rrst and Middle Initial)
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Additlonal Grantors on page_
G ra n tee( S) (last. Rrst and Middle Initial)
~ or 'frvr AYqUes
Additional Grantees on page_
Legal Description (abbreviated fonn: lot. block, plat or section, township, range, quarter/Quarter)
f1rt/wahm wl,h C}1/ ~1S u>>.WI1 UrbtU1.Growlf1. AreA
Additional legal is on page_
Assessor's Property Tax Parcell Account Number
Additional parcel #'s on page_
The Auditor/Record will rely on the Infonnation provided on this (onn. The staff will not read the document to verify the aCOJracy or
completeness o( the indexing in(om:'3tlon provided herein.
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2005FEB 24 AN II: 02
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RETURN ADDRESS
2005
1151355
Clallam
County
Please print neatly or type information
Document Title(s)
'fn-le.v(ocd /qrJ&mUl-f
CbH1 't_Pt9,-f hqeJe5
Reference Numbers(s) of related documents
Additional Reference #'5 on page_
Grantor(s) (Last. First and Middle Initial)
CUJJ1am {}~~
Additional Grantors on page_
Grantee( s) (Last. First and Middle Initial)
~ it fort'" ~fJ6
Additional Grantees on page_
Legal Description (abbreviated form: lot. block, plat or section, township, range, quarter/quarter)
A11 nua:h6Yl with t:he. ~~ vJt~n t{rh~ {;;rffWlVt ~
. Additional legal Is on page_
Assessors Property Tax Parcell Account Number
Additional parcel #'5 on page_
The Auditor/Record will rely on the Information provided on this form. The staff will not read the document to verify the aCOJracy or
completeness of the indexing information provided herein.
Agreement: 000.05.001
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Inter-local Agreement between Clallam County and the
City of Port Angeles Concerning Annexation within the City's Western
Urban Growth Area
This Agreement, made pursuant to Chapter 39.34 RCW, is between CLALLAM COUNTY
(hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF
PORT ANGELES, (hereinafter, the City), municipal subdivisions of the State of Washington.
WHEREAS, the City has proposed annexation of an area in the Port Angeles West Urban
Growth Area (WUGA) including the right of way for SR101 and all property south of SR101 from
the current wes! city limits to the western boundary of the WUGA; and
WHEREAS, the County and City both intend to address issues of concern that provide
for orderly annexation of the WUGA. Those concerns include future annexation boundaries,
transition of services, addressing, and provision of utilities; and
WHEREAS, the County and City desire to continue working together to reach agreement
on other cooperative management issues within the WUGA;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
contained herein, the parties agree as follows:
1. Future Annexations. The City agrees that any future annexations of the WUGA will
be according to the boundaries depicted and in the order depicted in Attachment A. Upon
agreement of both the City and County, the City may utilize alternative annexation boundaries.
Future annexations in the WUGA shall include the entire-right of way of -all public roadways
along the annexation border.
2. Utilities. The City agrees to develop a phased plan for the construction and
implementation of City utilities to the annexed area. Phase one, depicted in Attachment B, will
be completed within 12 months of the date of execu~ion of this agreement.
3. Addressing. The City and County agree to maintain the current addressing for any
area annexed, pursuant to an existing agreement dated 15 October 1992 between the City and
County.
4. Coordinated Development. The County and City will continue to address
coordinated development within the WUGA, including mutual agreement on standards for
infrastructure and capital improvement funding.
5. Boundary Review. The County agrees that, upon execution of this agreement, it will
not oppose the proposed annexation of property within the WUGA on and south of SR101 or
invite the Boundary Review Board to invoke jurisdiction on this proposal.
6. Duration. This Agreement will remain in effect until the terms of the Agreement are
fulfilled. There are no other terms agreed to by the parties.
7. Filing. When fully executed, this Agreement shall be filed with the Clallam County
C:\Documehts and Settmgs\Mquinn\Local Settlngs\Temp\West UGA agreement.doc
. .
;
. '- "".
Agreement: 000.05.001
Auditor.
8. Notices. Any notices required by this Agreement shall be delivered, or mailed postage
prepaid, and addressed to: '
Clallam County
Clerk of the Board
Clallam County Commissioners
223 E. 4th Street, Suite 4
Port Angeles, WA 98362
City of Port Angeles
City Manager
City of Port Angeles
321 E. 5th Street
Port Angeles, WA 98362
9. Administration. Each party shall administer the Agreement as to its own
responsibilities under the Agreement.
10. Addendums. Both parties have identified other topics related to management of the
City's designated WUGA where the development of management principles may best serve the
parties and their citizens. Both parties intend to continue discussions, and may reach
agreements on other revenue and management topics. Addendums may be added to this
agreement with the same force and effect, and subject to the same terms and conditions as
contained within this Agreement.
11. Waiver. Failure by the County or City to enforce any term or condition of this
Agreement shall not be construed to constitute a waiver of any other term or condition, or of
any subsequent breach of any provision of this Agreement.
12. Entire Agreement. This Agreement includes the entire Agreement of the parties with
respect to any matter addressed in this Agreement.
13. Amendment. This Agreement may be amended only upon the written agreement of
the parties made with the same formalities as those required for its original execution.
14. County-wide Planning Policy. To the extent that anything in this Agreement may be
found to be inconsistent with any part of the adopted Clallam County-wide Planning Policies,
the County and City will review the applicable parts of the County-wide Planning Policy and
revise them in accordance with this Agreement as part of the City/County update of their
respective Comprehensive Plans.
C:\Documents and Settings\Mqulnn\Local Settmgs\Temp\West UGA agreement.doc
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Agr~ement: 000.05.001
15. Disputes. Disputes over interpretation of this agreement that are un-resolvable
between the parties shall be referred to the Clallam County Superior Court.
16. Effective Date. This Agreement shall take effect upon execution by both parties.
r&- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
XL day of ~tfJ(tA 11/Y1~2005.
BOARD OF COUNlY COMMISSIONERS
~;yon
Michael C. Chapman, Chair ..F....,
ATTEST:
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APPROVED AS TO FORM:
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Trish Perrott, Clerk ciftge1~J)ard ~,,') I)
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APPROVED AS TO FORM:.l/(! .:l ,) .~~~.}
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William Bloor
City Attorney
f~,<A.ft-w --'-kf/-
Chris Melly
Deputy Prosecuting Attorney
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eJDCv
2005 FEB 24 hH 1\: 02
@
RETURN ADDRESS
2005 1151355
Clallam
County
Please print neatly or type information
Document Title(s)
"1YtJOlocd /t21ol-mvn f
0AT1 dt_PtJrf ~deJ
Reference Numbers(s) of related documents
Additional Reference #'5 on page_
Grantor(s) (Last. Rrst and Middle Initial)
twJJ.arn COUn~
Additional Grantors on page_
Grantee(s) (Last. Rrst and Middle initial)
~ 05 fjvr ~d.6
Additional Grantees on page_
Legal Description (abbreviated form: lot, block. plat or section, township, range, Quarter/Quarter)
411nN{{tL~ wi,/] ~ (~~ vJf~n t{rhlw1 6;rtTWf?t ~
Additional legal Is on page_
Assessor's Property Tax Parcel! Account Number
Additional parcel #'5 on page_
The Auditor/Record will rely on the Information provided on this form. The staff will not read the document to verify the aCUlracy or
completeness of the indexing information provided herein.
Agreement: 000.05.001
3j
o~u'(lo0
Inter-local Agreement between Clallam County and the
City of Port Angeles Concerning Annexation within the City's Western
Urban Growth Area
This Agreement, made pursuant to Chapter 39.34 RCW, is between CLALLAM COUNTY
(hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF
PORT ANGELES, (hereinafter, the City), municipal subdivisions of the State of Washington.
WHEREAS, the City has proposed annexation of an area in the Port Angeles West Urban
Growth Area (WUGA) including the right of way for SR101 and all property south of SR101 from
the current west city limits to the western boundary of the WUGA; and
WHEREAS, the County and City both intend to address issues of concern that provide
for orderly annexation of the WUGA. Those concerns include future annexation boundaries,
transition of services, addressing, and provision of utilities; and
WHEREAS, the County and City desire to continue working together to reach agreement
on other cooperative management issues within the WUGA;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
contained herein, the parties agree as follows:
1. Future Annexations. The City agrees that any future annexations of the WUGA will
be according to the boundaries depicted and in the order depicted in Attachment A. Upon
agreement of both the City and County, the City may utilize alternative annexation boundaries.
Future annexations in the WUGA shall include the entire,right of way of all public roadways
along the annexation border.
2. Utilities. The City agrees to develop a phased plan for the construction and
implementation of City utilities to the annexed area. Phase one, depicted in Attachment B, will
be completed within 12 months of the dat€ of execu~ion of this agreement.
3. Addressing. The City and County agree to maintain the current addressing for any
area annexed, pursuant to an existing agreement dated 15 October 1992 between the City and
County .
4. Coordinated Development. The County and City will continue to address
coordinated development within the WUGA, including mutual agreement on standards for
infrastructure and capital improvement funding.
s. Boundary Review. The County agrees that, upon execution of this agreement, it will
not oppose the proposed annexation of property within the WUGA on and south of SR101 or
invite the Boundary Review Board to invoke jurisdiction on this proposal.
6. Duration. This Agreement will remain in effect until the terms of the Agreement are
fulfilled. There are no other terms agreed to by the parties.
7. Filing. When fully executed, this Agreement shall be filed with the Clallam County
C:\Documents and Settmgs\MqUlnn\Local Settings\Temp\West UGA agreement.doc
Agreement: 000.05.001
Auditor.
8. Notices. Any notices required by this Agreement shall be delivered, or mailed postage
prepaid! and addressed to:
Clallam County
Clerk of the Board
Clallam County Commissioners
223 E. 4th Street! Suite 4
Port Angeles, WA 98362
City of Port Angeles
City Manager
City of Port Angeles
321 E. 5th Street
Port Angeles, WA 98362
9. Administration. Each party shall administer the Agreement as to its own
responsibilities under the Agreement.
10. Addendums. Both parties have identified other topics related to management of the
City's designated WUGA where the development of management principles may best serve the
parties and their citizens. Both parties intend to continue discussions! and may reach
agreements on other revenue and management topics. Addendums may be added to this
agreement with the same force and effect, and subject to the same terms and conditions as
contained within this Agreement.
11. Waiver. Failure by the County or City to enforce any term or condition of this
Agreement shall not be construed to constitute a waiver of any other term or condition, or of
any subsequent breach of any provision of this Agreement.
12. Entire Agreement. This Agreement includes the entire Agreement of the parties with
respect to any matter addressed in this Agreement.
13. Amendment. This Agreement may be amended only upon the written agreement of
the parties made with the same formalities as those required for its original execution.
14. County-wide Planning Policy. To the extent that anything in this Agreement may be
found to be inconsistent with any part of the adopted Clallam County-wide Planning Policies,
the County and City will review the applicable parts of the County-wide Planning Policy and
revise them in accordance with this Agreement as part of the City/County update of their
respective Comprehensive Plans.
C:\Documents and Settings\Mquinn\Local Settings\Temp\West UGA agreement doc
Agreement: 000.05.001
15. Disputes. Disputes over interpretation of this agreement that are un-resolvable
between the parties shall be referred to the Clallam County Superior Court,
16. Effective Date. This Agreement shall take effect upon execution by both parties.
riL IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
~ day of VtD(vfaXLI /2005.
APPROVED AS TO FORM:
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Trish Perrott, Clerk of1ge13pard ~~ I}
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APPROVED AS TO FORM:' /1/ .:',';'
A TIEST:
.hQ~ .-lApin'-
Becky Upt Ci Clerk
J~~ ~.
William Bloor
City Attorney
1L Iq / k#-
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Chris Melly U
Deputy Prosecuting Attorney
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C:\Documents and Settings\Mquinn\Local Settings\Temp\West UGA agreement.doc