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AFTER RECORDING RETURN DOCUMENT TO:
City of Port Angeles
PublIc Works and UtIlIties Department
P.O. Box 1150* 321 East fifth Street
Port Angeles, W A 98362
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2005 1157336 Clallam
County
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 of Clallam
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
Countypursuantto 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 12lL 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.
l
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 ofthe property to the
City of Port Angeles, will not oppose and will participate in any such annexation proceedings. ill
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 imRrovements.
E UTED, th~i da of . ((!405.
(
Property Owner
EXECUTED, this ~1l4.. day of ~~Q..,.2005, for the CITY OF PORT ANGELES
~~ L '&--
G enn Cutler,
Director of Public Works and Utilities
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM
On this ".;1 he! day of ~cu...e-1 ' 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 and for t
State of Washington, residing
at Port Angeles.
My commission expire~ 7:?/ti -de?'
~
FILED AT THE REQUEST OF:
City of Port Angeles
Public Works Department
P.O Box 1150
Port Angeles, WA 98362
COVENANT CONSENTING TO THE FORMATION
OF A LOCAL IMPROVEMENT DISTRICT
The undersigned, owners in fee simple of the real property herein described, consent to the formation of a
Local Improvement District (LID) in the CITY OF PORT ANGELES, Washington, including said property, for
the purpose of Installing the public facilities required to Improve West Spruce Street to City design standards,
including grading, drainage, pavement, curb, gutter, sidewalk, sanitary sewer, water mains, and other
necessary improvements as authorized by RCW 35.43.040 as now or hereafter amended, and shall be
binding on t,he owners, their heirs, assigns and successors in interest.
By signing this Covenant, the undersigned, their heirs, assigns and successors, shall be deemed to have
signed a petition initiating an LID including said property, under RCW 35.43.120 as now or hereafter amended,
and shall be preCluded from having their signatures counted as part of a protest to divest the City's jurisdiction
to proceed with an LID including said property, under RCW 35.43.180 as now or hereafter amended.
ThiS Covenant authorizes the formation of no more than one Local Improvement District. After completion
of the LID, the City shall deliver a signed release of this Covenant to the owners, their heirs, assigns and
successors.
This Covenant shall be recorded and deemed to run with the land descnbed as follows:
Lots 31 & 32, and ptn of Vac Street as per recorded survey ( vol. 13, Pg 59) Nov. 9th 1987
Block 5 Malletts 2nd Addition, to Port Angeles, Washington,
as per plat recorded in Volume 2 of plats, Page 54 Records of Clallam County of Washington,
(Owner)
STATE OF WASHINGTON )
)ss.
COUNTY OF CLALLAM )
On thiS day personally appeared before me
descnbed In and who executed the Within Instrument and acknowledged that
voluntary act and deed for the uses and purposes herein mentioned
Given under my hand and official seal thl~ nd day of 2005
A '
NOTARY P~S: ~end fo~~ te of Washington,
Residing at ~ ~ r..d:g V"l ~
to me known to b~VldUal(S)
signed the same as free and