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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 90 t &Y -2 Al la 3`) t rV r,(;)I:urt 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 not 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 11L t 4444-&) 2 1990. CITY OF PORT ANGELES NEWALL ENTERPRISES Joan Sargent J. R. (Jerry) Newlin Mayor Partner C5 W 2ND 00 877 518 1- 5 (�J C )0 1 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 U Qi7 O 'L722 NWALL ✓ENTERPRISES J. R. (Jerry) Newlin Partner