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Home My WebLink About5.424 Original Contract 757466 S, i d.t-t 1f f~:D~~' f~[O:sr RECOhDED IN flECO~ , rl /CLALLAH cD:" 97 JUL IS PM 4: 18 \JC:ltt~,~_ D[\.GEk~ 7 CL ~ ~_ ~\ ~tL'~} U,;J 11, V,D {JprH BY ....}I ~ 0 ~ _1--" . -~EPUTY . . '.. RETURN ADDRESS: City of Port Angeles, P.O. Box 1150 Port Angeles, WA 98362 DOCUMENT TITLE: Pre-Annexation Agreement REFERENCE NUMBERS OF RELATED DOCUMENTS: GRANTOR(S}: (last, first, and middle initial) : Stockmarket Development P.O. Box 3763 Kent, WA 98124 GRANTEE(S}: (last, first, and middle initial) City of Port Angeles LEGAL DESCRIPTION: (abbreviated form) Parcel A Blk 1 Goddyn's Addn vl080 p620 Loomis Camper Vehicle park replat Blk 2 Chandler's Subd Parcel B Loomis Camper Vehicle park-replat vl080 p620 Parcel C Blk 1 Goddyn's Addn vl080 p620 Parcel D Tavern site-Blk 2 Goddyn's Addn vl080 p625 Parcel E Home site-Blk 2 Goddyn's Addn vl080 p620 ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER: 053007530150 053007530140 053007530145 053007580000 053007530220 053007530222 BOOK 11 ~j 2 PAGE 6 (} 7 . , Filed at the reauest of 'City of Port ~nqeles . P.'O'. Box 1150 T->o'rt Pmgeles( ~^1A. 98362 5. </.:2 4~ PRE-ANNEXATION AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, Washington (City) and Supermarket Development 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 Angeies 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 subj ect 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 II A" which are incorporated herein by this - 1 - BOOK liB 2 PAGE 608 " 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 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 - 2 - BOOK 11 ~ Z PAGE 6 ij 9 " 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. DATED this cR I Ilk. day of 9" J J 11), '1 ' CITY OF PO;T ANG LES 1997. ByA~o~ ~~ Beck Up n, Ci y ClerK STATE OF WASHINGTON ) ) ss. COUNTY OF CLALLAM ) On this ~IL+ day of C?L4U'iEl ,1997, before me, a Notary Public for the State of ~shingt n, 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. ,~\\\\"""""II" ~\, S D ;~J..: ~"~\.\..\ .,~" ~ ~ X' ...... ~", ~ Q .' \.~ ~ ::: ....o3o.0TAII.... 'i. -.~ , -- - . - ~ to 7-20-98 E -(/) ~- % j,,,\ ~Cl8L\(, 1-0 i ~ ~~-, ~ ~ :.-:;. ~ 0 ........ ~f!; ~ ~// ~ WAS~'\ #' ///1 \\\'\ 11111", II 1\1\\\\ hand and official seal the day and year first above writte~ ~* ze~n and for the State of Washington, residing at Port Angeles. Given under my in this certificate - 3 - BOnK. 11 ~l2PAGE 610 " . SUPERMARKET DEVELOPMENT CORPORATION, (Developer) B~ j(J,~ Signatures of Developer's duly authorized representatives , and STATE OF WASHINGTON <-- ss. COUNTY OF On this ~ ~ day of Notary Public for the State of a sworn, personally appeared be 0 and c.. --; t me kno n to .aflcl- {_ ~ respectively 0 the executed the within and foregoing instrumen , 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 ,in this certificate above written. the day and year first ~~ ary Public in and 'for the te of..., Wa.s..aington, residing ~:~" '~~'~~f,~i,:. :,(.~. " '>" -, ~~~~~~ '~'J" i,',,,-,. '. . ~':~'L\>:"".:l....<."" ~'~"'''.. ___(" '~..... :-.' ",'\ ""'"'015'(1,,,:. 4 .:. ~;..--".' "j_:'~f:;:j!;J -r'.... 'I 'G!.:~ >t", t- -".....t. i~'2\~;..::, ~{r1\'l1v;'1.>.~,. ~ )(::... .\-., '\\ f?:~':lJi..l"" :: ~- .. j::,-.~ ~)o -~ ~ eQ;):~'" ~ '1, .' ::-...~..,.~, "" ~... \:":.:: ;.~. ,;~~~'\j,>, :,.;;. ': -:','.f-l~g~\ ~~~~ ,~: . ":::" <Jl ".' ",. ," \i).~, ... :. ""'~'^ ,',':::. ~ .', ""....!l""'~<.D..~....() ..:' ~ , "':.': -;.. '-',P ". - "': ,":: ,\'\ .. ~, -o.!';t. . ~<I A.......... :"';;lo1' . ,<:;<t :.." ~ .Jfl ...... 1"'; ~ '1 ",,- '+. PRE.~NN&~~..I\..~,/: .. {W-'~, "''''~~'l~.: \~~, . . '..- i..... :.:1y~ ~t, - 4 - BOOK 119 2PAGE 611 ., . EXHIBIT A THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON AND DESCRIBED AS FOLLOWS: PARCEL A: LOTS 6, 7, 8 AND 9, BLOCK 1 GODDYN'S ADDITION TO THE CITY OF PORT ANGELES, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 43, RECORDS OF CLALLAM COUNTY, WASHINGTON; TOGETHER WITH THE SOUTH 30 FEET OF VACATED FIRST STREET ADJOINING FROM THE WEST BOUNDARY OF LEWIS STREET TO THE WEST LINE OF SAID LOT 9 EXTENDED NORTHERLY; TOGETHER WITH ALL OF VACATED DOUGLAS STREET LYING BETWEEN SAID LOTS 7 AND 8; EXCEPT LOOMIS CAMPER VEHICLE PARK-REPLAT, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 44, RECORDS OF CLALLAM COUNTY, WASHINGTON. ALSO THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH AND EAST OF LOOMIS CAMPER VEHICLE PARK-REPLAT, AS RECORDED IN VOLUME 9 OF PLATS, PAGE 44, RECORDS OF CLALLAM COUNTY, WASHINGTON: LOTS 13, 14, AND 15, BLOCK 2, GODDYN'S ADDITION TO THE CITY OF PORT ANGELES, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 43, RECORDS OF CLALLAM COUNTY, WASHINGTON; AND THAT PORTION OF LOTS 10 THROUGH 12, INCLUSIVE, IN BLOCK 2 OF CHANDLER'S SUBURBAN ADDITION, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 48, RECORDS OF CLALLAM COUNTY, WASHINGTON, LYING NORTHERLY OF THE RIGHT OF WAY FOR STATE ROUTE 101 (PSH NO.9) AS CONVEYED BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 382534 AND 387161, RECORDS OF CLALLAM COUNTY, WASHINGTON; TOGETHER WITH VACATED STREETS AND PARTS OF VACATED STREETS LYING BETWEEN SAID LOTS IN GODDYN'S ADDITION AND CHANDLER'S SUBURBAN ADDITION; TOGETHER WITH ALL OF VACATED DOUGLAS STREET LYING BETWEEN SAID LOTS 13 AND 14, BLOCK 2, GODDYN'S ADDITION; TOGETHER WITH ALL OF VACATED SECOND STREET IN GODDYN'S ADDITION FROM THE WEST BOUNDARY OF LEWIS STREET TO THE WEST LINE OF SAID PLAT; ALSO EXCEPT RIGHT OF WAY CONVEYED TO CLALLAM COUNTY BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 462424; PARCEL B: LOOMIS CAMPER VEHICLE PARK-REPLAT, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 44. PARCEL C: Continued on next page "J I.':' ~_... L.- BOOK 11 ~ 2 PAGE 6 i 2 P"g.; I " - po' .... EXHIBIT A , - - LOT 10, BLOCK 1, OF GODDYN'S ADDITION TO THE CITY OF PORT ANGELES, AS PER PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 43, RECORDS OF CLALLAM COUNTY, WASHINGTON; TOGETHER WITH THE SOUTH HALF OF VACATED FIRST STREET ADJOINING; AND TOGETHER WITH ALL OF VACATED LEES STREET NORTH OF THE NORTH MARGIN OF SECOND STREET TO THE CENTERLINE OF FIRST STREET. PARCEL D: (TAVERN SITE) THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH AND WEST OF LOOMIS CAMPER VEHICLE PARK-REPLAT, AS RECORDED IN VOLUME 9 OF PLATS, PAGE 44, RECORDS OF CLALLAM COUNTY, WASHINGTON: LOTS 12 AND 13 IN BLOCK 2 OF GODDYN'S ADDITION TO THE CITY OF PORT ANGELES, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 43, RECORDS OF CLALLAM COUNTY, WASHINGTON; AND THAT PORTION OF LOTS 10 THROUGH 18, INCLUSIVE, IN BLOCK 2 OF CHANDLER'S SUBURBAN ADDITION, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 48, RECORDS OF CLALLAM COUNTY, WASHINGTON, LYING NORTHERLY OF THE RIGHT OF WAY FOR STATE ROUTE 101 (PSH NO.9) AS CONVEYED BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 382534 AND 387161, RECORDS OF CLALLAM COUNTY, WASHINGTON; TOGETHER WITH THOSE PORTIONS OF VACATED STREETS AND ALLEYS ATTACHING THERETO BY OPERATION OF LAW; EXCEPT RIGHT OF WAY FOR BROOKS AVENUE ACQUIRED BY CLALLAM COUNTY IN SUPERIOR COURT CAUSE NO. 23579 AND BY INSTRUMENT RECORDED UNDER CLALLAM COUNTY AUDITOR FILE NO. 440048; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER CLALLAM COUNTY AUDITOR FILE NO. 387161; PARCEL E: (HOME SITE) THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH AND WEST OF LOOMIS CAMPER VEHICLE PARK-REPLAT, AS RECORDED IN VOLUME 9 OF PLATS, PAGE 44, RECORDS OF CLALLAM COUNTY, WASHINGTON: LOT 11 IN BLOCK 2 OF GODDYN'S ADDITION TO THE CITY OF PORT ANGELES, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 43, RECORDS OF CLALLAM COUNTY, WASHINGTON; AND THAT PORTION OF LOTS 19 THROUGH 22, INCLUSIVE, IN BLOCK 2 OF CHANDLER'S SUBURBAN ADDITION, AS RECORDED IN VOLUME 3 OF PLATS, PAGE 48, RECORDS OF CLALLAM COUNTY, WASHINGTON, LYING NORTHERLY OF THE RIGHT OF WAY FOR STATE ROUTE 101 (PSH NO.9) AS CONVEYED BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 382534 AND 387161, Continued on next page "'~('nOril.'C t-' Page 2 BOOK 11~~2PAGE 613 1.. ,~ " . . ~ .. EXHIBIT A . l' ~ RECORDS OF CLALLAM COUNTY, WASHINGTON; TOGETHER WITH THOSE PORTIONS OF VACATED STREETS AND ALLEYS ATTACHING THERETO BY OPERATION OF LAW; EXCEPT RIGHT OF WAY FOR BROOKS AVENUE ACQUIRED BY CLALLAM COUNTY IN SUPERIOR COURT CAUSE NO. 23579 AND BY INSTRUMENT RECORDED UNDER CLALLAM COUNTY AUDITOR FILE NO. 440048; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER CLALLAM COUNTY AUDITOR FILE NO. 387161. SITUATE IN CLALLAM COUNTY, STATE OF WASHINGTON. ,::.- :- ~. L BOOK 11 ~ 2 PAGE 614 , Il-~nlJft; ..... P"ge 3 ~ CJ1 ~ ~ \j) O"j