HomeMy WebLinkAbout05-034 Authorizing CM to release restrictive covenants on behalf of City
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RESOLUfION NO. 05-034
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A RESOLUTION OF THE CITY CO~. CIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, AUTHORIZIN THE CITY MANAGER TO RELEASE
RESTRICTIVE COVEN TS ON BEHALF OF THE CITY
WHEREAS, the City Buildi~g and/or Development Services Department
(formerly, Building and Community pevelopment Department) has from time to time
issued approvals or permits on condi~' on that the applicant or owner provide a declaration
of restrictive covenant or similar agr ement setting forth land use restrictions, and which
covenants or agreements provide the may only be released (when the conditions
necessitating the covenant or agreem nt no longer apply) by approval of the City Council;
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WHEREAS, the City Counc/! determines it appropriate to authorize the City
Manager to determine whether the r~strictive covenant or agreement may be released
when conditions have been met or nllonger apply,
NOW, THEREFORE, BE T RESOLVED by the City Council of the City of
Port Townsend as follows: I
Wherever in any declaration ofrestriptive covenant or similar agreement placed on a
property or properties as a condition lof permit approval resulting from a City
administrative process, the instrume t provides it shall not be removed or released unless
such action is approved by the City ouncil (or words of similar intent), the City Council
hereby authorizes the City Manager, in the City Manager's discretion and judgment, to
act in the stead of the City Council, d the City Manager is authorized as appropriate
(for example, when the conditions n cessitating the covenant or agreement no longer
apply) to sign necessary instruments removing or releasing the restrictive covenant or
similar agreement.
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This authorization is only intended t~ allow for the administrative release of instruments
in the same manner that administrati~e release of instruments occurs now, namely, in
situations where the City Administr tion has placed conditions on permit approval (and in
such cases, they are able to be releas d by the City Administration and do not require City
Council approval to release or remo e them).
This authorization does not apply to or affect any private covenants or private instruments
that the City did not require as a con ition of permit approval. For example, a height
restriction in a private covenant bet een two or more properties, which covenant was not
required by the City as a condition or permit approval, is not subject to this resolution.
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This authorization does not apply to lany covenants or instruments containing conditions
that were specifically imposed or re cired as a result of Council action in a specific land
use matter.
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Resolution 05-034
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ADOPTED by the City coJCil of the City of Port Townsend at a regular
meeting thereof, held this nineteenili~ay of September, 2005.
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Catharine Robinson, Mayor
Attest:
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Approved as to form:
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City Clerk
John P. Watts
City Attorney
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Resolution 05-034