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Home My WebLink About5.550 Original Contract 2000 1055018 Clallam County ,"CEOFO"'''.',<O " 1 "' "au", 5. @ , F _._~ · _~~ .~" _..~""l _~_~~ . ~[....lHc~t :(~ICOf " ~/ I III I I ~I II ~ II ~ U RETURN ADDRESS: City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 2000 N01! - 9 P;"i 2: 45 DOCUMENT TITLE: PRE-ANNEXATION AGREEMENT REFERENCE NUMBERS OF RELATED DOCUMENTS: Grantor: City of Port Angeles, Washington (City) Grantee: Les Schwab Tire Center Of Washington, Inc. and SFP-B Limited Partnership (Developer) Legal Description: Mallettes Addition and B. T. Smith's Addition North of Highway in Sec 12, Township 30N,R6W,W.M., Clallam County, Washington PRE-ANNEXATION AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, Washington (City) and Les Schwab Tire Center of Washington, Inc. and SFP-B Limited Partnership (Developer). WHEREAS, the Developer owns or is in the process of acquiring ownership of real property which is outside the present city limits of Port Angeles but is within the Port Angeles Urban Growth Area (PAUGA) as designated by Clallam County pursuant to the Washington State Growth Management Act, Ch. 36.70A RCW, (GMA); and WHEREAS, the Developer is in the process of developing said property for commercial retail use (the project); and WHEREAS, the Developer is willing to enter into the following Pre-Annexation Agreement, and WHEREAS, Clallam County zoning of the subject property and the City of Port Angeles Comprehensive Plan presently allow for commercial retail use of said property such as the Project, and the Project is consistent with said Comprehensive Plan; NOW, THEREFORE, in consideration of the above-representations and the covenants and conditions set forth herein, the City and the Developer agree as follows: 1. The Developer, by and through the undersigned duly authorized representative(s), warrants that it is the legal and equitable owner of, the real property as legally described in the attached Exhibit "A" which are incorporated herein by this reference (the "Property"). - 1 - . ' 2. The City agrees that upon annexation into the City, the property shall be zoned consistent with the present County zoning of such property and the City's comprehensive plan, which presently allow for commercial retail use of said property such as the Project. 3. The Developer agrees that, effective with the execution of this Agreement, this Pre-Annexation Agreement shall be considered a valid petition for annexation, signed by the Developer, its heirs or assigns, for the property or any area of which it constitutes a portion, subject to any debt requirements imposed by the City upon such petition and such zoning provisions as are consistent with this Agreement. 4. The Developer agrees that in the event of a sale or transfer of the Property, it will, as a condition of such sale or transfer, require the purchaser, or other new owner, to sign a duplicate of this Pre-Annexation Agreement and that this Agreement, and the promises made herein, do constitute a covenant running with the Property and shall be binding on the undersigned developer and its successors in interest to such property and that this Agreement shall be filed for record in the office of the Clallam County Auditor. 5. The City agrees that it will cooperate with, and not take action to hinder or delay, the development of the Project, and will not deny approval for the P.U.D. to supply water to the Project. 6. If any improvement districts are formed including the Property following annexation of the Property, Developer shall not - 2 - .' . be required to pay assessments thereunder in excess of its fair and equitable share for such improvements. DATED this /'r=t!....day of {J~t.o~Q.~ ./ , 2000. Les Schwab Tire Center of Washington, Inc. CITY OF PORT ANGELES By ~ ~-== f:~ t/? BY~~ By ((~ ~___ By ~~~~Cik'-fI!J. A ..,~,? . . ~\;\\IHHl'~,:~~i ,. ~""'~'~'!l..~NJH .r~~("~' . ",I~: ,~J tt~~ oeoOOOo... V'~.." .;:.\f~ ~ ". v.' ~o 'JII '-l~~ \~''''J '!J' :. Ii> ol"~"'~:l ;0"1\":' <>.. -''''~f$t;'''.'''' ? I ~ i "o;..r~~'J~,~ ~~~>~~O":.A 4J'lr'~\.." {'" : t~ t1.Y,l::,~~f',\ w ;ll.:r~~\~W-OO ~~~<<~ ',~ l/ 5 Sc::: - ~.:J:2.,- 6*,~el'''' t:;,i' ~,., -...'. ,.. ,),i'~l':' . '.":U''$7.c> .~_.~..,>, ~ '" ,/ / . t;fJ ti " ,.,.. ,- 0 ~ - . ':.:;4: .f1;V 71':~;~:=;' ~ uJo ~~~""i '~,.> &;JJ._~ ?O,. Yf . -': t.,.? ~ ?-~ 1,<t' <,' ~:I'f~":'~V;;'rI: .P-~'" . :::. ..1' 0 ,J -~'.'{;,lf>'.M. ~f~~('''~''~-'f':# ,...,. .. <f/IilT" 'I/~_O~ -t\,(~;."J.~ r1f~';1-"U_o." :v ~;, .p" e9;~i . l~~ )o~1-*o"-~' ',' "~"s: Is ooooo."oeiA-" ~ -.; (/0 f" ll'" . -to, ,.~~ v (,;}";:3 v' "'1, . . . . t" 1'1JIIlH'i\~\ ,1.:~.{ , . '--=-l By SFP-B LIMITED PARTNERSHIP By STATE OF WASHINGTON ) ) ss. COUNTY OF CLALLAM ) On thisL7~day of~JA..A ~ ,2000, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me Larry Doyle and Becky Upton, to me known to be the Mayor and City Clerk, respecti vely, 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 year first in this certificate above written. AA/~A-V~~ Notary Public in for the State of Washington, residing at Port Angeles. My commission expiresd -;dY-(J-( - 3 - , . . STATE OF OREGON ) ) SS. County of Crook ) r On this J.t~day of (()~, 2000, before me, a Notary Public for the State of Oregon, duly commissions and sworn, personally appeared before me Richard B. Borgman, to be known to be the Executive Vice President ofLes Schwab Tire Centers of Washington, Inc., that executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed of said corporation, for the use and purpose therein mentioned, and on oath stated that he was authorized to execute said instrument. OFFICIAL SEAL MARY L COSGRIFFE NOTARY PUBLIC - OREGON COMMISSION NO. 329920 MY COMMISSION EXPIRES JAN. 31. 2004 Notary Publi or the State of re Residing at: Prineville, Oregon My Commission Expires: I - ~/-O1' ST ATE OF OREGON ) ) SS. County of Crook ) /' On this ~/"'--day of ~ ~ , 2000, before me, a Notary Public for the State of Oregon, duly commissions and sworn, personally appeared before me Richard B. Borgman, to be known to be the Vice President of SSC-B, Inc., General Partner of SFP-B Limited Partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed of said corporation, for the use and purpose therein mentioned, and on oath stated that he was authorized to execute said instrument. OFFICIAL SEAL MARY L COSGRIFFE NOTARY PUBLIC - OREGON COMMISSION NO. 329920 MY COMMISSION EXPIRES JAN. 31. 2004 ,It' Notary Pub!' for the State 0 Residing at: Prineville, Oregon My Commission Expires: ( -~/-01' PRE-ANN.AGR October 16, 2000 -4- -;, """ EXHIBIT "A" PARCEL A: Vacated Lots 1 to 4, inclusive, in Block 18 of Mallette's Addition to the Townsite of Port Angeles, according to Plat thereof recorded in Volume 1 of Plats, page 48, and that portion of Lot 13 lying East of a line extended directly North from the Northeast corner of Crow Baker's Addition to Port Angeles, Washington, and all of Lot 14, both being in Block 18 of said Mallette's Addition to Port Angeles; TOGETH~ WITH the North half of vacated alley adjoining said Lots 1 to 4 on the South and the South half of vacated alley adjoining said portion of Lot 13 and all of Lot 14 on the North; ALSO Vacated Lots 1 to 14, inclusive, in Block 19 of said Mallette's Addition to the Townsite of Port Angeles; TOGETHER WITH all of vacated alley in said Block 19; ALSO Vacated Lots 1 to 20, ,inclusive, in Block 2 of B.T. smith's Addition to Port Angeles, Clallam County, Washington, according to Plat thereof recorded in Volume 3 of Plats, page 7, records of said county; TOGETHER WITH vacated unnamed street or alley adjoining on the North; EXCEPT that portion conveyed to State of Washington for right of way by instrument recorded under Auditor's File No. 131185; ALSO That portion of the West 12 acres of the Southeast quarter of the Southeast quarter North of the Highway in Section 12, Township 30 North, Range 6 West, W.M., Clallam County, Washington; TOGETHER WITH the West half of vacated Moss Street adjoining said property on the East; ALSO TOGETHER WITH the South half of vacated Second street adjoining said property on the North; ALSO TOGETHER WITH all of vacated Munsie Street lying South of Second Street and North of P.S.H. No.9 (SR 101). EXCEPT that portion acquired by the State of Washington for P.S.H. No.9 (SR101) by Decree of Appropriation filed June 1, 1965 in Clallam County Superior Court Cause No. 16339; ALSO EXCEPT that portion conveyed to the State of Washington for P.S.H. No. 9 (SRI01) by Deed recorded October 26, 1995 under Auditor's File No. 730213. PARCEL B: An Easement for ingress, egress and utilities over and across the South half of Eddy Lane (vacated Second Street) lying Northerly of Lots 5 to 9, inclusive, in Block 18 of Mallette's Addition as conveyed by instrument recorded June 6, 1990 under Auditor's File No. 634707. situate in the County of Clallam, state of Washington. END OF EXHIBIT "An BAH/cc