HomeMy WebLinkAbout97-105Resolution No. 97-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
REVOKING AND EXTINGUISHING THE 1989 LICENSE AGREEMENT
BETWEEN THE CITY AND DENNY/LYNDA LAVIGNE
The City Council of the City of Port Townsend, Washington, resolves as follows:
WHEREAS, on July 18, 1989, the Port Townsend City Council granted a Conditional
Use Permit, No. 8904-04, to Denny and Lynda Lavigne for operation of a miniature golf
course, together with the provision of off-street parking and landscape and planter boxes; and
WHEREAS, the applicants, Denny and Lynda Lavigne, were abutting owners of that
portion of Jefferson Street lying between Keamey Street and Gains Street; and
WHEREAS, in Resolution No. 89-57, the Port Townsend City Council determined
that the northerly 12 feet of Jefferson Street lying between Keamey Street and Gains Street
was not then neces~ for public access purposes, and therefore granted a license to the
Lavignes for the use of the street right-of-way for a small portion of the proposed miniature
golf course development, the Council retained the right to revoke the License Agreement at
any time; and
WHEREAS, the Lavignes ultimately chose not to develop the miniature golf course.
However, the City recorded the License Agreement with the Jefferson County Auditor,
affecting the Jefferson Street right-of-way and abutting properties, thereby potentially
"clouding" the title of abutting properties owned by the Lavignes; and
WHEREAS, the Lavignes have requested the City Council revoke the License
Agreement; and
WHEJIEAS, the Lavignes have requested that the City rescind the Conditional Use
Permit, thereby eliminating the necessity for the License Agreement. BCD has taken action to
rescind the Permit; and
WHEREAS, the License Agreement provided that any revocation of the License
Agreement must be approved by the Port Townsend City Council. Given lack of need for the
License Agreement, the Council deems it appropriate to return the right-of-way to full public
use, unfettered by the License Agreement,
NOW, THEREFORE, for the reasons stated within this resolution, the 1989 License
Agreement between the City and the Lavignes is hereby revoked. The City Attorney is
directed to record the Revocation of License Agreement document in substantially the form
attached hereto.
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor
on this 6th day of October, 1997.
Attest:
Para Kolacy, City Clerk ~ '
09/25/97 [97-23] CA§Res{Lavign~.re$}
' c~uR~h, MayOr '"
App~ to Form: I
ey
2 Res. 97- It5 ~'
AFTER RECORDING RETURN TO:
Sh~ila Spears, Building & Community
Development Department
City of PoxX Townsend
540 Water Street
Port Townsend, WA 98368
REVOCATION OF LICENSE AGREEMENT
Grantor:
Grantee:
Related document:
City of Port Townsend, a Washington municipal corporation.
Lavigne, Denny
Lavigne, Lynda, husband and wife
Jefferson County Auditor's File Number 326321 (License Agreement).
The Grantor, the City of Port Townsend hereby revokes and extinguishes the License Agreement
recorded at Jefferson County Auditor's File No. 326321 in accordance with the following terms:
Legal description:
The northerly 12 feet of Jefferson Street, lying between Kearney Street and Gaines
Street, and abutting upon Block 76 of the Mabel Addition to the City of Port
Townsend, situate in the City of Port Townsend, Jefferson County, Washington.
Assessor's Property Tax Parcd No(s). (Not applicable -- public street)
The City of Port Townsend retained the authority to revoke the License Agreement at any
time and on an at-will basis. The Grantor hereby consents that the 1989 License Agreement recorded
at Jefferson County Auditor's File No. 326321 be and the same hereby is revoked and extinguished.
IN WITNESS WHEREOF, this Revocation of License Agreement is executed on this
day of ,,~cLt.[ ,1997.
GRANTOR:
CITY OF PORT TOWNSEND, a
Washington municipal corporation
By: -
APPROVED:
Denny La~igne
Lyn~la Lavigne ~4(~
q7./o5