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HomeMy WebLinkAbout5.777 Original Contract AFTER RECORDING RETURN DOCUMENT TO' CIty of Port Angeles PublIc Works and UtllItles Department PO. Box 1150* 321 East fifth Street Port Angeles, W A 98362 ~. :to ~ ~~~ 5. ,77 DOCUMENT TITLE: PRE-ANNEXATION AGREEMENT REFERENCE NUMBER OF RELATED DOCUMENT: Grantor: City of Port Angeles, Washington (City) Grantee: Roger C. and Sandral Droz Legal Description: Tax parcel # 3910, & Pts NENWSE Exc Pts 4.04Ac., Clallam County of Washington, commonly known as 123 8 West Spruce Street (Lot 3, LDV 2005-00062 ) Parcel # 0630081300250000 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 Sandral and Roger C. Droz, 1238 West Spruce, Parcel # 0630081300250000, (hereinafter the "Property Owner(s)"), in consideration of the mutual covenants set 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 County pursuant to 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 ofthis Agreement is described as follows: Tax # 3910 & Pt NENWSE Exc Pts 4.04A of records of Clallam County, Washington, commonly known as 1238 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 herem. 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. 1. 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 of the property to the City of Port Angeles, will not oppose and will participate in any such annexation proceedings. In 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 improvements. EXECUTED, this ! S+\r\ day of \'f\lA VLC ~ ,2006. ~C> -_ ' Sandral Droz, Property Ow c -s=> Owner STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM On this IS+~ day of M C\ vLch ,2006, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me and, 'Rc;~~tA... ~Sa..~\f t1\ Dt-t'~e known as husband and wife, described in and who executed the wlthi and foregomg mstrument, and acknowledged smd mstrument to be the free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my han(\f\OO,ftficial seal the day and year first in this certi ~\\\\~ 'liilll. ' ~" CO"", J flu. ~~ ~ f::Jv ............~4S'J-Q% Notary Public i nd for the ~ l ~OTA"L ~ \ State of Washington, residing _: r- E f/) : 01'. OIIrfll8ee e at Port Angeles. % ~\"iJ'8t\O ~ i My commission expires:C:=;-/1 ~Oq ~ ~ ... .... ~ ~ ~ 0 .......... ~G- ~ ~.I.t '/:' WAS'f\~ ..~ 'II/. ~\\.... ~IIIJIIIIII\\\\\~ day of Glenn C er, Director of Public Works and Utilities 2. 3. The operty Owner( s) understand that the City contemplates auneXin~perty served herein. Acco 'ng, the Property Owner(s) agree to sign any and all notice etItions and other documents requeste t any time by the City leading to the annexation e property to the City of Port Angeles, will not ose and wIll participate in any such a xation proceedings. In the event that annexation is by a m od other than by petition, t roperty Owner(s) waives the right to any protest of such annexation. EXECUTED, this ,2006. 4. If any improvement districts are form eluding the property following annexation of the property, the Property Owner(s) shall e requir to pay assessments thereunder in excess of its fair and equitable share for suc provements. Sandral Droz, Property Owner EXECUTED, this 4~ dayof Roger C. Droz, Property ner ~. 0 ~, 2006, for the CITY OF PORT ANGELES ~K Glenn Cutler, Director of Public Works and Utilities .ho,,~. 2~A Becky Upto , C1 Clerk STATE OF WASHINGTON) ) ss. COUNTY OF CLALLAM On this ylfl. day of 4J:jJ ,2006, before me, a Notary Public for the State of Washington, duly commissioned and sworn, personally appeared before me Glenn Cutler and Becky J. Upton, to me known to be the Director ofPubhc 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 therein 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 e State of Washington, residing at Port Angeles. My commission expiresd;:--9 / --tJg/ ~- ,...,"" /"'" S. KO,?L'-' 'v' 0.. e _ 0(,...... /,,)..).. .,SSION r:l,'. ~ ' 1 ~ . ~~ "'/. '-". ;/ " .(;0 OTA.c '?(<':'. (J> 'I ..... 'fllJl. / .~ * r. . j:) v' I"~ tf> '. 0 US\..'\ CO : ~...~ ".<-24-<0..' O~ 'J'~<,,' '" ..' (:;"': ~ , ,"'?! WAS'0\~. _ ' "'" ..' .' 2. U~/~2/26~6)~~"Upt(jnw:e~nnexation ~g~em_~n~ H___ ____ _P' ___ _ ___ _ -. -:~' _ - -- Page 1 1 From: To: Date: Subject: Trenia Funston Becky Upton 8/22/2006 10:08 AM pre-annexation agreement I called Mr. Droz. He stili has the documents. He said he get it recorded. Tf I: (1,1(3/2006) wB~~clfyWUpton - Pre-Annexation Ag~~~ent W WPage 1 "[ w~ From: To: Date: Subject: Becky Upton Trenia Funston 11/3/2006 11:19 AM Pre-Annexation Agreement Well, you know I'm filing today, and some things that are getting rather old are floating to the top' Roger C. and Sandral Droz signed a Pre-Annexation Agreement on March 15, 2006. The original was apparently given to Mr. Droz for purposes of recording, and you sent me an e-mail on August 22, 2006, after talking to Mr. Droz, indicating he would get the document recorded. However, I stili don't have a recorded document In my files. Would you like to contact him again in this regard. Please and thank you! Becky