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Home My WebLink About5.428 Original Contract / 5.1~~ ~.."" t '" From: To: Date: Subject: Sue Roberds (SROBERDS) BUPTON Tuesday, April 15, 1997 Pre-Annexation Agreement 8:22 am - Reply Becky, I thought we discussed the status of this agreement when we were looking for the other one last week. Guess not. Anyway, the agreement is effectively dead. The reason for the agreement was that the County's Hearing Examiner approved a development with the stipulation that it be developed to City standards. That condition generated the agreement, but on appeal, was removed from the approval, so no need for the agreement. It was a lot of quick, complicated work for nothing. / ~ .~' . From: To: Date: Subject: Becky J Upton (BUPTON) SROBERDS Monday, April 14, 1997 1:57 pm Pre-Annexation Agreement Sue, On February 18, 1997, Brad took an item to the City Council having to do with a pre-annexation agreement with Dennis Alwine, The Candace Limited Partnership. I still have that agreement in my pending file. Have you received the original fully executed agreement back yet? Let me know! Thanks. bju S,"<-(cR8 PRE-ANNEXATION AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, Washington, (City) and THE CANDACE LIMITED PARTNERSHIP, Dennis Alwine, President of Alwine Properties, Inc., Kevin and Theresa Rodman, husband and wife, and John Frykman (Developers). WHEREAS, the Developers own 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 Developers are in the process of developing said property for industrial use (the project); and WHEREAS, the Developers are willing to enter into the following Pre-Annexation Agreement; and WHEREAS, Clallam County zoning of the subj ect property and the City of Port Angeles Comprehensive Plan presently allow for industrial use of said property such as the proj ect, 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 Developers agree as follows: 1. The Developers, by and through the undersigned duly authorized representative(s), warrant that they are the legal and equitable owners of the real property as legally described in the attached Exhibit "A" which is incorporated herein by this reference (the "property"). 2. The City agrees that upon annexation into the City, the - 1 - .J property shall be zoned consistent with the present County zoning of such property and the City' s comprehensive plan, which presently allow for industrial use of said property such as the Project. 3. The Developers agree that, effective with the execution of this Agreement, this Pre-Annexation Agreement shall be considered a valid petition for annexation, signed by the Developers, their 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 Developers agree that in the event of a sale or transfer of the property, they will, as a condition of such sale or transfer, require the purchaser, or other new owner, to sign a duplicate of this Pre-Annexation Ag~eement and that this Agreement, and the promises made herein, do constitute a covenant running with the property and shall be binding on the undersigned developers and their successors in interest to such property and that this Agreement shall be filed for record in the office of the Clallam County Auditor. 5. If any improvement districts are formed including the Property following annexation of the property, Developers shall not be required to pay assessments thereunder in excess of their fair and equitable share for such improvements. DATED this I~ day of February, 1997. - 2 - t2 (l _____ I ~_~ By v':".- (I IP J tc X'. _( / 1)1 I \ J\ Becky c.Jl1pt61j1, C' Y Clerk 1 THE CANDACE LIMITED PARTNERSHIP By By Alwine Properties Dennis Alwine, President Kevin Rodman Theresa Rodman John J. Frykman STATE OF WASHINGTON ) ) ss. COUNTY OF CLALLAM ) On this /,"- day of iL/~", a'rl ,1997, before me, a Notary Public for the State of Washingto , duly commissioned and sworn, personally appeared before me Prosper Ostrowski and Becky Upton, to me known to be the Mayor 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 year first In this certificate above written. /) / / / \\\\\\\111" 1111//;, ~\'\ ~~SLE,(j> ;;/~-/ ~ ,e:, ......... ~ '" .... .... ~ ~ .. ~ y .... ::: ~ 0"'\ ~ ",-' = A. o.Ql: - :: ~ 1~~ ,CJ: c = "v :< ~ p\)~"" .... ~ .p ... 0~ ~ ~ ~\>- , ~~I.-f1"E Of \\'\,'- 1111111I111\\\\\\\ for the residing - 3 - STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this day of , 1997, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me and , to me known to be the and respectively of THE CANDACE LIMITED PARTNERSHIP that executed the wi thin and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of said corporation. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this day of , 1997, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me DENNIS ALWINE, President of Alwine Properties, Inc., to me known to be the individual that executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act for the uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this day of , 1997, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me KEVIN RODMAN and THERESA RODMAN, - 4 - husband and wife, to me known to be the individuals that executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act for the uses and purposes therein mentioned. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ss. COUNTY OF CLALLAM On this ____ day of , 1997, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me JOHN J. FRYKMAN, to me known to be the individual that executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act for the uses and purposes therein mentioned. Given under my hand and official seal the day and year first in this certificate above written. Notary Public in and for the State of Washington, residing at My commission expires: ECLIPSE.AGR - 5 - .. EXHIBIT "A" Legal description for the preliminary plat of Eclipse Industrial Park West: Lots 1 through 7 of THE CANDACE LIMITED PARTNERSHIP Large Lot Subdivision, recorded November 28, 1995 in Volume 1 of Large Lot Subdivisions, Page 24, records of Clallam County, under Clallam County Recording No. 731532, being a portion of the Northwest Quarter of the Northeast Quarter of Section 18, Township 30 North, Range 6 West, W.M., Clallam County, Washington.