HomeMy WebLinkAbout95-058Resolution No. 95- 5' ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND APPROVING SCHOONER REMOVAL AGREEMENT
REGARDING REMOVAL OF SCHOONER FROM CITY RIGHT-OF-WAY
The City Council of the City of Port Townsend, Washington, resolves as follows:
WHEREAS, the City of Port Townsend possesses regulatory and police power authority
over open and unopened rights-of-way within the City of Port Townsend; and
WHEREAS, pursuant to this regulatory authority, the City of Port Townsend has issued
a street development permit to Elizabeth Berman ("Berman'), authorizing opening and
improvement of Sheridan and 53rd streets to serve the development of Berman's real property;
and
WHEREAS, without prior authorization or approval of the City, John Maher ("Maher")
commenced construction of a wooden schooner, in excess of 60 feet in length, within and upon
the unimproved 53rd Street right-of-way; and
WHEREAS, as a consequence of the inability of Berman to commence development of
the rights-of-way caused by the location of the schooner construction, a dispute has-risen
between the Mahers, Berman, and the City pertaining to the location of the schooner on the
unopened 53rd Street right-of-way; and
WHEREAS, Maher, Berman, and the City have negotiated a settlement to resolve all
issues pertaining to the problem the schooner construction poses to development of the 53rd
Street right-of-way, and completion and removal of the schooner, in a time and fashion which
will serve the best interests of all parties; and
WHEREAS, pursuant to the terms of the "Schooner Removal Agreement," Maher must
complete and remove the schooner by September 15, 1995, after which time the City will cause
the schooner to be removed from the City right-of-way; and
WHEREAS, pursuant to the terms of the Schooner Removal Agreement, Maher will
deposit cash in the amount of $1,800.00 in his attorney's trust account to pay all costs of moving
the schooner in the event the City is compelled to remove the schooner; and
WHEREAS, the Schooner Removal Agreement contains other terms and conditions
which will facilitate completion of the schooner, street development, and ensure the City's
regulatory authority over its open and unopened rights-of-way,
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port
Townsend that the City Council approves and authorizes the Mayor to sign the "Schooner
Removal Agreement," in substantially the form attached to this Resolution.
ADO ~P~r,~D by the City Council~ { i _ ..of th~rt~ Tol~vnsend and signed by the Mayor
on this//J-?/f~y of May, 1995.
n M. Clise, Mayor
App~rove :
Michael Hildt, Acting City Clerk M
05/09/95 [//95-0001] CA§Res\Schooner.doc}
2