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HomeMy WebLinkAbout5.711 Original Contract AFTER RECORDING RETURN DOCUMENT TO: City of Port Angeles PublIc Works and UtIlItIes Department P.O. Box 1150* 321 East fifth Street __ P~rt Angeles,.W A ~8362 3-0l- ()O do~~ 5.11 I DOCUMENT TITLE: PRE-ANNEXATION AGREEMENT REFERENCE NUMBER OF RELATED DOCUMENT: Grantor: City of Port Angeles, Washington (City) Grantee: Karin M. Stout Legal Description: Lots 31 and 32, and Ptn of Vac. Street Survey (VoL 13 Pg 59) recorded, Nov. 9th, 1987, Block 5, Mallettes 2nd Addition, to Port Angeles, Washington, as per plat recorded in Volume 2 of plats, Page 54 records ofClallam County of Washington, commonly known as 12_ West Spruce Street Parcel # 0630085505960000 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 Carine Stout, 12_ West Spruce, Parcel # 0630085505960000, (hereinafter the "Property Owner(s)"), in consideration of the mutual covenants ser 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 31 and 32, and Ptn Vacated Street as shown on Survey ( Vol. 13 Pg 59 ) recorded Nov. 9th, 1987, 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 12_ 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 descnbed 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. 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 improvement districts are formed including the property following annexation 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 imp.rovements. E UTED, t~J2 da of ' ((!405. ( Property Owner EXECUTED, this ~:&L day of ~~!J..,.2005, for the CITY OF PORT ANGELES .{t L l{J;--- · G enn Cutler, Director of Public Works and Utilities STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM On this ..;? he! day of ?:::::v~ ' 2005, before me, a Notary Public for the State of Washington, duly commissioned an sworn, personally appeared before me, Glenn Cutler and Becky 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 therin mentioned, and on oath sated that they were authorized to execute said instrument. Given under my hand and official seal the day and Notary Public in ~nd fQr t State of Washington, residing at Port Angeles. My commission expire~?7?t.f ~t1?