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HomeMy WebLinkAbout89-050 RESOLUTION NO. ~¢ A RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY FROM SUE SMITH FOR STREET AND RELATED PURPOSES WHEREAS, the City of Port Townsend has previously been re- quired to close a portion of Forty-Ninth Street and Cook Avenue due to bluff erosion and other causes, and WHEREAS, the City of Port Townsend needs to acquire prop- erty in the area for construction of a street between Forty- Ninth Street and Cook Avenue and to provide for the permanent closure of that portion of those streets presently closed to the public, and WHEREAS, the City has negotiated the purchase of such prop- erty from Sue Smith and the estate of Virginia G. McFarland, now, therefore, BE IT RESOLVED by the City Council for the City of Port Town- send that the Mayor and the City Clerk be and they are hereby authorized and directed to sign and execute any and all documents necessary to close the purchase of the property set forth on at- tached Exhibit A, which is by this reference incorporated herein as if set forth in full, to purchase said property on the terms and condit, ions contained attached Exhibit B (letter from Thomas J. Majhan to the City Attorney) as modified by attached Exhibit C (letter from the City Attorney to Thomas J. Majhan), and BE IT FURTHER RESOLVED that the City Clerk-Treasurer be and he is hereby authorized and directed to issue the City's warrant or warrants necessary for the payment of the purchase price and the cost of said purchase and sale. PASSED by the City Council for the City of port Townsend and signed by the Mayor this 5th day of July, 1989. Attest: David Grove, City Clerk App~/~ed as ~ form: ~e±th Co Harper,~ City Attorney Mayor Bren~ EXHIBIT A A parcel of land situate in the Northeast ~, Section 33, Township 31 NOrth, Range 1 West, WM, fore fully described as follows: Beginning at the intersection of the east right-of-way line of Offutt Street and the southeasterly right-of-way line of Cook Avenue; thence southerly along said easterly line of Offutt Street a distance of 90.33 feet to the southwest corner of Lot 5, Block 39, Fowlers Park Addition to the City of Port Townsend; thence easterly along and parallel to the south line of Lots 5 and 26 to the centerline of Mason Street a distance of 241.73 feet; thence southerly along said centerline of Mason Street a distance of 51.56 feet; thence easterly to and along the south line of Lots 10 and 11, Block 50, Fowlers Park Addition to the City of Port Townsend to the westerly right-of-way line of Thomas Street a distance of 241.73 feet; thence northerly along and parallel to said right-of-way line a distance of 40.79 feet; thence in a northwesterly direction to the point of beginning. EXHIBIT B June 23, 1989 Keith Harper Attorney for City of Port Townsend P.O. Box 104 Port Townsend, WA 98368 RE: Street Exchange Dear Mr. Harper: Recently, I have spoken to Ms. Smith as a result of your letter of June 12, 1989. This is her proposal. She will convey to the City the property at issue for $11,400.00. In addition, she wants all of the ~i__~mkp[ w]Ti~6B w~]-be cleared for the right-of-way. If it is necessary for the City to relocate the water ~nes, she wants the City_to pay to r6'~onnect her property to the main including the costs of a feeder line. Finally, if the City installs a six (6) inch main, she would like to have the right to connect other parcels she may develop to' that m-~Th--~i'~ht paying a latecomers fee. If doing so would not hurt the stability of the bluff, Ms. Smith suggests that the City remove the asphalt from Cook Avenue. It appears that the present barricades do not prohibit trespassers from using the asphalt for parking, pienicing, etc. Thank you for your cooperation in this matter. Sincerely, TJM:bs cc: Susan Smith K~ith C. Harper Atto[ney at hw June 27, 1989 EXHIBIT C 1206 Water, Suite B P.O. Box 104 Port Townsend. WA 98368 2.061385-6400 Thomas J. Majhan Attorney at Law P.O. Box 191 Port Townsend, Washington 98368 RE: Purchase of property from Sue Smith/McFarland estate Dear Tom: I received your letter of June 23 and discussed it with the Mayor and Public Works Director, and write to follow up on my telephone conversation with you yesterday. The City Council will have to approve any agreement to pur- chase her property, but the Mayor, Public Works Director and myself would initially respond to your letter as follows and would expect the Council to approve the following pro- posal: 1. The purchase price is acceptable as you proposed. 2. Your client may have the timber cleared for the right-of-way. 3. It will not be necessary to relocate any water- lines, as the line will be capped and plugged beyond your client's tap so that your client's tap can remain where it is. 4. The City plans on installing a 10-inch main through the new street to be constructed on your client's property, at the City's expense, and will not impose a latecomer fee on any subsequent hook-ups. This is due to the fact that the line is being relocated at the behest of the City because of the failure of Cook Avenue and Forty-Ninth Street. However, any future hook-ups by property owners would, of course, re- quire the normal hook-up/tap fee, which is presently set at $250 per tap. This is separate and in addition to any late- comer fee which is charged throughout the City. 5. Since Cook Avenue will not be vacated and exchanged as earlier proposed, the City does not presently have any plans to remove the asphalt from Cook Avenue. When the new street is fully constructed, the City will be placing more permanent blockades on Cook Avenue and Forty-Ninth Street. The new blockade on Cook Avenue will be just beyond Lot 1 of Seaview Estates, so that it can continue to be used for ac- cess to that lot, and the blockade on Forty-Ninth Street Thomas J. Majhan - 2 - June 27, 1989 will be just. adjacent to the intersection of Forty-Ninth and Thomas Streets, so that if Thomas Street is later developed access can be achieved to it from Forty-Ninth Street. Please let me know before Friday, June 30, whether there con- tinues to be any problems with this transaction. I would ex- pect the Council to approve the above at its meeting on July 5, and we could then work to close the deal shortly thereafter so that construction and so forth can begin while the weather is still appropriate. Thanks for your cooperation. Sin~,rely yours, KEITH ~. HARPER City Attorney for the City of Port Townsend KCH:hs cc Mayor Brent Shirley Public Works Director Ted Stricklin .---50