HomeMy WebLinkAbout96-120Resolution No. 96- l ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND APPROVING AND ADOPTING THE BRODERS WATER
AGREEMENT AND AMENDMENT TO EASEMENT ASSIGNMENT
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WltEREAS, on September 6, 1979, the then-Mayor for the City of Port Townsend executed
a document titled "Agreement to Assignment of an Easement," recorded at Jefferson County
Auditor's file 272088 (hereinafter "Assignment"); and
WHEREAS, it appears that the City's intent in executing the Assignment was to acquire a
water line easement across property owned by Charles D. and Marie Broders. The water line
easement had been conveyed by the Broders' predecessor in title, D.W. Adams Estate Company, to
the United States of America on September 4, 1941; and
WHEREAS, in 1979, at the time the City negotiated with the Broders to acquire the United
States Government easement across the Broders' property, the City of Port Townsend was
attempting to acquire all necessary easements for the installation and long-term protection of City
water lines for the City's then-existing out-of-city water utility service area, including water service
to the U.S. Navy installation on Indian Island; and
WHEREAS, the Assignment is ambiguous in many respects including: (1) the Assignment
purports to promise to the Broders (potentially in perpetuity), that they will be provided "a minimum
of four four-inch water taps for the described property, at the usual cost therefore..."; (2) the
"described property" benefited by the "four four-inch water taps" is not defined, and no benefited
property for this promise is set forth in the Assignment; (3) the term "four four-inch water taps" is
imprecise and lacks a definition, leaving the quantity of water associated with such a promise subject
to interpretation; (4) the Assignment purports to require the City of Port Townsend to hold, in
perpetuity, adequate water to serve "four four-inch water taps" to benefit property which is not
described; (5) as a consequence of the ambiguous promise to hold "four four-inch water taps," the
Broders do not have adequate assurance as to their rights, if any, to City water, and the City Water
Department is unable to engage in appropriate water utility planning for the City's out-of-city water
service area, as a consequence of a potential need to provide substantial water to the Broders'
property; and (6) interpreted most broadly (disputed by the City), the term "four four-inch water
taps" could exceed current water allocations for existing City water customers for the entire Tri-Area
water utility service area; and
WHEREAS, the City and the Broders have, for several years, worked together to negotiate
an agreement which amends the Assignment to accomplish the following goals: (1) affording certainty
to the parties, thereby minimizing litigation risks; (2) defining the properties benefited by the water
commitment; (3) providing appropriate assurance to the Broders of water service to their property;
(4) allowing the City predictability to engage in appropriate water utility planning and
decisionmaking; (5) quantkCying and limiting the water allocated to the Broders' Property; (6) setting
a time limitation for the City's obligation to reserve water for the property; and (7) preserving for the
City of Port Townsend its fights and duties as a municipality to comment upon Jefferson County land
use planning decisions and any development proposals for the Broders' property, without running risk
of potential litigation. The City Council finds that the "Water Agreement and Amendment to
Easement Assignment," attached hereto, accomplishes these goals; and
WltEREAS, the City Council's Uiility Committee has reviewed the "Water Agreement and
Amendment to Easement Assignment," attached hereto, and recommends full Council approval; and
WHEREAS, the "Water Agreement and Amendment to Easement Assignment" attached
hereto is a result of a lengthy negotiation process. The City and the Broders mutually agree that the
proposed "Water Agreement" satisfies mutual interests, remedies ambiguities, and affords both parties
predictability and other mutual advantages not found in the original "Assignment" document,
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port
Townsend as follows:
1. The attached "Water Agreement and Amendment to Easement Assignment"
appropriately amends the 1979 Assignment document and will serve the best interests of the City's
water utility customers and the City's citizens in general by clarifying ambiguities in the Assignment
document and allowing the City to engage in water utility planning by quantifying the amount of
water promised to the Broders, by setting a time limitation for the City's obligations, and by
preserving the City's rights and duties as a municipality in Jefferson County.
2. The City Council for the City of Port Townsend hereby approves the attached "Water
Agreement and Amendment to Easement Assignment" and directs the Mayor to sign the agreement
on behalf of the City of Port Townsend
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on
this 3rd day of September, 1996.
Attest:
08/28/96 [ 96-201 ] CA§Res {BroderAg.Res
Approved as to Form:
~imO~~c~ City Att;rney
2 Res. 96-/o~lP