HomeMy WebLinkAbout5.363 Original ContractRETURN ADDRESS:
757465
City of Port Angeles,
P.O. Box 1150
Port Angeles, WA 98362
DOCUMENT TITLE: Pre Annexation Agreement
REFERENCE NUMBERS OF RELATED DOCUMENTS:
GRANTOR (S)
GRANTEE(S): City of Port Angeles
LEGAL DESCRIPTION: See record of survey Volume 32 Page 59
recorded February 17th 1994.
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER:
/053007410000
053003 54'Z57)
6 -fr
FILED EOR ;RECORD AT [IT REQUEST
OF
RECORDED IH f Er Ok /CLALLAH CO.
97 JUL 15 PM 14: 18
HEN f u AUDITOR
CLALL,Vil DDu3 rY, WASH.
By
Wal -Mart Stores, Inc., a Deleware corporation
701 S Walton Blvd
Bentonville, AR 72716
BOOK 11 2 PAGE 599
.iled at the reauest of
(',itv of Port Angeles
P.O. Box 1150
Port Angeles, WA. 98362
THIS AGREEMENT is entered into by and between the City of Port
Angeles, Washington (City) and Wal -Mart Stores, Inc., a Delaware
corporation (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 as a retail shopping area currently referred to as the
Ridgeview Shopping Center proposal (the "Project as described in
Clallam County Application No. P PY gJ S- r» /n-7 and
WHEREAS, the Developer is willing to enter into the following
Pre Annexation Agreement, provided that no annexation will occur
until at least eighteen months after the project is constructed;
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
H UCM\PT- ANG.AGR
PRE -ANNEXATION AGREEMENT
-1-
BOOK 1 19 G PAGE 6C0
o
3b3
A
equitable owner of, or is in the process of acquiring all legal and
equitable ownership in, the real property as legally described in
the attached Exhibit "A" and as depicted in the survey set forth in
the attached Exhibit "B which are incorporated herein by this
reference (the "Property
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 allow for
commercial retail use of said property such as the Project, and
35,00o
/6\6( which will permit expansion of the Project by approximately
square feet of floor area.
3. The Developer agrees that, effective no sooner than
eighteen (18) months following 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
H \JCM\PT- ANG.AGR
-2-
BOOK l 1. z.Q PAGE 601
the Property and shall be binding on the undersigned developer and
its successors and 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
specifically: (a) concurs with the County's issuance of a
Mitigated Determination of Nonsignificance for the Project under
SEPA; and (b) will not deny approval for the PUD to supply water to
the Project.
6. If any improvement districts including the Property
following annexation of the Property, Developer shall not be
required to pay assessments thereunder in excess of its fair and
equitable share for such improvements. The City hereby waives the
requirement for payment by Wal -Mart of sanitary sewer connection
charges for the Project that may arise within eight (8) years of
the date hereof.
DATED this, AA day of January, 1995.
CITY OF PORT ANGELES
H•UCM \PT -ANG AGR
-3-
By: c,-
K. SargentUMayor
By: 0 !0 1�hi
Beck U•lon! City lerk
WAL -MART STORES, INC.
By:
Its:
BOOK 1.I92PAGE 602
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this -f day o; r z/, A `1-, 1995, before me, a Notary
Public for the State of Washington, ly comm's io ed and sworn,
pe son l ly App pared before me 'L../ a s2 and
)5a to mer nown to be the Ma or and City
erk, "es ectiv y of the municip:� corporation that executed the
within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said corporation, 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.
H.UCM\PT- ANG.AGR
ss.
0 ,4
2
ary Public
dE in a- for the State
o
WaAingto residing at
(Developer)
By and
Signatures of Developer's duly
authorized representatives
-4-
BOOK 1192 PAGE 6C 3
STATE OF P ael iE-)a
ss.
COUNTY OF k af-th Irg -on
I certify that I know or have satisfactory evidence that
ROW-1- NA I d is the person who appeared before me, and said
person ackno l edged that ne, signed this insttument, on oath
stated that re was authorized 4o execute t e in trument and
acknowledged it as thel- j
Ug(.1 Vr(5 of �t1Qtkl�ti'rcSbr a.•
to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned.
Given under my hand and official seal this E Er day of
1995.
47/6ti
H:UCM\PT- ANG.AGR
Notes Public in arid for the State
of r 10( 66 4 residing at
My commi ion exp JO l wag
-5-
BOCK. 119 2 PAGE 604
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