HomeMy WebLinkAbout5.240 Original Contract632827-
AGREEMENT
BETWEEN
THE CITY OF PORT ANGELES
AND
NEWALL ENTERPRISES
AGREEMENTS
2. The City of Port Angeles agrees to either pursue
annexation of the area south of Melody Lane or, if the area is
annexed, the acquisition of Melody Lane from the County.
3. Newall Enterprises agrees on behalf of itself and
su in interest to sign a petition to form an L.I.D. for
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This agreement is entered into between the City of Port
Angeles and Newall Enterprises for the purpose of specifying the
method of compliance with the condition for the upgrading of Melody
Lane, as required by Paragraph 1.a of the "The Uplands" 4A Plat
Conditions as recorded in Volume 663, Page 31, under CCAF 546896
Records of Clallam County, Washington.
REPRESENTATIONS
1. Condition 1.a of "The Uplands" 4A Plat requires that
Melody Lane be improved to a width of 28 feet with curb, gutter and
sidewalk on the north side, provided that the City either annexes
Melody Lane or obtains County approval.
2. The timing and method of performance of Condition
need to be clarified in order to take into account the
alternative ways that Melody Lane could come into the City.
need for such clarification is particularly important for
initially developed lots.
3. The formation of a Local Improvement District (L.I.D.)
is a fair and efficient way to comply with Condition 1.a for both
the initially developed lots in The Uplands" 4A Plat and the
property on the south side of Melody Lane that is now outside the
City limits. Forming an L.I.D. is also a fair and efficient way to
expand Melody Lane to full City standards rather than to the lesser
28 foot width specified by Condition 1.a.
NOW, THEREFORE, in consideration of the above Representations
and the covenants and promises set forth herein, the parties hereby
agree as follows:
1.a
two
The
the
1. This Agreement shall apply only to Lots 38 through 44
inclusive and to no other properties within "The Uplands" 4A Plat.
the
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its
the
877 Al 517
reconstruction of Melody Lane to a maximum width of 36 feet with
curb,''ggutter, and sidewalk on either the north side or on both
sides and to present such petition to the City within 30 days of
the date that the area on the south side of Melody Lane is annexed,
or to sign and present a petition to form an L.I.D. for the
reconstruction of Melody Lane to a maximum width of 28 feet with
curb, gutter and sidewalk on the north side within two years of the
date that the City acquires Melody Lane from the County, whichever
is first.
4. Newall Enterprises further agrees on behalf of itself and
its successors in interest not to protest the formation of an
L.I.D. for the reconstruction of Melody Lane in either of the two
circumstances described in Paragraph 3.
5. Newall Enterprises agrees to grant to the City of Port
Angeles a 10 foot wide easement (5 foot on each side of Lots 40 and
41) for the construction and maintenance of a sanitary sewer line
to serve the property immediately south of Melody Lane. The City
agrees that costs for the construction of said line will be
assessed against either the owner of said property on the south
side of Melody Lane or the City and that said line will be
constructed and in place prior to the improvement of Lots 40 41,
so as to not interfere with the final landscaping and occupancy of
said lots.
6. The parties agree that this Agreement shall be filed and
recorded with the Clallam County Auditor and shall be binding upon
all heirs, assigns and successors in interest.
7. The term of this Agreement shall be ten (10) years from
the date of execution.
The undersigned represent and agree that they have full and
complete authority to execute this Agreement and bind their
respective parties.
Executed this day of
(I
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2
1990.
CITY OF PORT ANGELES NEWALL ENTERPRISES
Joan Sargent J. R. (Jerry) Newlin
Mayor Partner
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877 518
1-
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AGREEMENT
BETWEEN
THE CITY OF PORT ANGELES
AND
NEWALL ENTERPRISES
5.239
This agreement is entered into between the City of Port
Angeles and Newall Enterprises for the purpose of specifying the
method of compliance with the condition for the upgrading of Melody
Lane, as required by Paragraph l,a of the "The Uplands" 4A Plat
Conditions as recorded in Volume 663, Page 31, under CCAF 546896
Records of Clallam County, Washington.
REPRESENTATIONS
1. Condition 1.a of "The Uplands" 4A Plat requires that
Melody Lane be improved to a width of 28 feet with curb, gutter and
sidewalk on the north side, provided that the City either annexes
Melody Lane or obtains County approval.
2. The timing and method of performance of Condition 1.a
need to be clarified in order to take into account the two
alternative ways that Melody Lane could come into the City. The
need for such clarification is particularly important for the
initially developed lots.
3. The formation of a Local Improvement District (L.I.D.)
is a fair and efficient way to comply with Condition 1.a for both
the initially developed lots in "The Uplands" 4A Plat and the
property on the south side of Melody Lane that is now outside the
City limits. Forming an L.I.D. is also a fair and efficient way to
expand Melody Lane to full City standards rather than to the lesser
28 foot width specified by Condition 1.a.
NOW, THEREFORE, in consideration of the above Representations
and the covenants and promises set forth herein, the parties hereby
agree as follows:
AGREEMENTS
1. This Agreement shall apply only to Lots 38 through 44
inclusive and to no other properties within "The Uplands" 4A Plat.
2. The City of Port Angeles agrees to either pursue the
annexation of the area south of Melody Lane or, if the area is not
annexed, the acquisition of Melody Lane from the County.
3. Newall Enterprises agrees on behalf of itself and its
successors in interest to sign a petition to form an L.I.D. for the
reconstruction of Melody Lane to a maximum width of 36 feet with
curb, gutter, and sidewalk on either the north side or on both
sides and to present such petition to the City within 30 days of
the date that the area on the south side of Melody Lane is annexed,
or to sign and present a petition to form an L.I.D. for the
reconstruction of Melody Lane to a maximum width of 28 feet with
curb, gutter and sidewalk on the north side within two years of the
date that the City acquires Melody Lane from the County, whichever
is first.
4. Newall Enterprises further agrees on behalf of itself and
its successors in interest not to protest the formation of an
L.I.D. for the reconstruction of Melody Lane in either of the two
circumstances described in Paragraph 3.
5. Newall Enterprises agrees to grant to the City of Port
Angeles a 10 foot wide easement (5 foot on each side of Lots 40 and
41) for the construction and maintenance of a sanitary sewer line
to serve the property immediately south of Melody Lane. The City
agrees that costs for the construction of said line will be
assessed against either the owner of said property on the south
side of Melody Lane or the City and that said line will be
constructed and in place prior to the improvement of Lots 40 41,
so as to not interfere with the final landscaping and occupancy of
said lots.
6. The parties agree that this Agreement shall be filed and
recorded with the Clallam County Auditor and shall be binding upon
all heirs, assigns and successors in interest.
7. The term of this Agreement shall be ten (10) years from
the date of execution.
The undersigned represent and agree that they have full and
complete authority to execute this Agreement and bind their
respective parties.
Executed this day of/_i c 1990.
C TY OF PORTKAINGELES
oan Sargent
Mayor
2
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NWALL ✓ENTERPRISES
J. R. (Jerry) Newlin
Partner