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HomeMy WebLinkAbout96-154Resolution No. 96- / 5 ~/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND FORMALIZING THE CITY'S INTENT TO ACCEPT CONVEYANCE OF EASEMENTS AND PROPERTY INTERESTS ASSOCIATED WITH THE LARRY SCOTT MEMORIAL TRAIL, WITHIN CITY LIMITS The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, Jefferson County has proposed the development of the Larry Scott Memorial Trail, a multiple use pedestrian trail facility, located in unincorporated Jefferson County, and within the city of Port Townsend's corporate boundaries; and WHEREAS, on July 16, 1996, the Port Townsend City Council issued a Shoreline Management Substantial Development permit for the construction of the Larry Scott Memorial Trail within Port Townsend city limits; and WHEREAS, since the issuance of the Shoreline Management Substantial Development permit, representatives from the City of Port Townsend, Jefferson County, and the Port of Port Townsend, and Port Townsend Paper Company have conducted a series of meetings and negotiation sessions to resolve numerous issues associated with the location, construction, and maintenance of the trail; and WHEREAS, one of the important issues discussed in negotiation sessions among the above- referenced parties has been the proposed joint ownership, management, and control of the trail facilities; and WHEREAS, Jefferson County has requested the City's active involvement in the ownership and maintenance of the section of the proposed trail which runs through the city of Port Townsend, including the railroad transfer span dock facility which is currently owned by Port Townsend Paper Company, with associated tidelands leased from the State of Washington Department of Natural Resources (DNR); and WHEREAS, Port Townsend Paper Company has agreed to donate to the City of Port Townsend, for Wail usage, all sections of the trail within the corporate boundaries of Port Townsend owned and/or controlled by Port Townsend Paper Company, along with the railroad transfer span dock facility, for use as pedestrian water enjoyment access. Additionally, upon resolution of various issues, the Port is willing to convey an easement through Port property to the City for trail purposes; and WHEREAS, there are numerous issues associated with the title of the railroad right-of-way portion of the trail property proposed for conveyance to the City of Port Townsend which must be resolved prior to the City formally accepting any conveyances of proposed trail property, and the City's acceptance of such conveyances will ultimately be contingent upon satisfactory evidence that the City can accept such conveyances without cost to the City and without undue risk of title litigation; and WHEREAS, any final agreement regarding the City's acceptance of trail conveyances will require completion of negotiations with the County regarding construction and maintenance costs and responsibilities. Such negotiations are proceeding; and WHEREAS, the Port Townsend City Council's Parks, Recreation and Property Committee has tentatively approved acceptance of trail property and the railroad transfer span in concept, subject to resolution of all title issues and resolution of issues associated with the structural stability of the railroad transfer span, and subject further to resolution of responsibilities for construction and maintenance of the trail facility, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend as follows: 1. The City hereby expresses its appreciation for the good faith efforts being made by Jefferson County, the Port of Port Townsend, and Port Townsend Paper Company in working to resolve the difficult issues associated with the location, construction, ownership, and maintenance of the Larr~y Scott Memorial Trail. 2. The City Council hereby pledges its support to these negotiations, and tentatively accepts conveyance by donation to the City of Port Townsend of all sections of the Larry Scott Memorial Trail located within Port Townsend's municipal boundaries, subject to resolution of all potential title issues and such other issues as may be determined in any future contractual agreement. 3. The Port Townsend City Council hereby tentatively accepts conveyance by donation of the railroad transfer span and associated DNR Lease, subject to resolution of all potential title issues and necessary feasibility studies, and further subject to any potential contractual issues which may be negotiated among the parties and DNR. 4. The City Council directs City staff to conduct all necessary, thorough investigations into all issues associated with the title to the proposed trail property, located within city limits, as well as the railroad transfer span, and to gather all necessary information regarding the ultimate feasibility of acceptance of, and development of the railroad transfer span for public use and water access and enjoyment purposes. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 16 day of December, 1996. Attest: Pam Kolacy, City Clerk 12/11/96 [96-031] CA§Res{LSMT96.doc} Julie l~cCulloch, Mayor Timoth~cM~an, City Attorney 2 Res. 96-/'~