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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 W.? 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