HomeMy WebLinkAbout08-010 Confirming location of Boy Scout house at property owned by American Legion. Does not trigger reversionary clause in favor of CityRESOLUTION NO. 08-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, CONFIRMING THAT LOCATION OF THE BOY SCOUT HOUSE AT
PROPERTY OWNED BY THE AMERICAN LEGION, AND USE OF THE PROPERTY
FOR SCOUT AND OTHER PARK PURPOSES DOES NOT TRIGGER THE
REVERSIONARY CLAUSE IN FAVOR OF THE CITY
RECITALS:
H.J. Carroll by deed recorded under AFN 379172 (Oct. 15, 1962) deeded certain property
to the American Legion Post No. 26, Port Townsend, with a condition that the property is
conveyed "for park purposes only' and further that in the event the Legion does not use
the property for park purposes, the property shall revert to the grantor. The deed was re-
recorded under AFN 76242 (Feb. 15, 1995), with a change in the condition, namely, that
in the event the Legion does not use the property for park purposes, the property shall
revert to the Port Townsend Parks Department.
2. The Legion has used the property over the years for various park-type uses (picnics, etc.).
The condition in the deed does not require that the property be open to the public or be
used as a "public" park.
The Legion is under-utilizing the property as a park. It has agreed to deed the property to
anon-profit corporation, the Fred Lewis Scout Cabin Association, under an agreement
whereby the Association will primarily use it for the benefit of all scouts in the area (Cub
Scouts, Sea Scouts and Boy Scouts) including a scout cabin meeting place and related
scout activities (meetings, camping, ceremonies, picnics, merit badge activities, etc.).
The Elks Lodge, B.P.O.E. No. 317 is the long time sponsor of local Boy Scout Troop
1479 and is seeking a permanent meeting place for that troop. There will be limited use
of the property as a park by others including the Legion for uses that the Legion has
allowed in the past (i.e., picnic and other park purposes).
The Association will build a scout cabin meeting place and will control its use. If the
Association ceases to use the property for these park purposes, the deed provides that the
property will revert back to the Legion.
The City has been requested to formally confirm that the proposed use by the Association
is consistent with the original deed to the Legion (namely, the property be used for park
purposes), and would not trigger any action by the City to take the property (which the
City could only do if the property were not used for park purposes). If the City confirms
t11is, and the conveyance from the Legion to the Association occurs, the reversionary
interest in favor of the City would continue to exist and will not be adversely affected by
the conveyance.
Page 1 Resolution 08-010
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Townsend as follows:
The City Council confirms that the conveyance of the real property described in the deed
referenced above by the American Legion Post No. 26 to the Fred Lewis Scout Cabin
Association, anon-profit corporation, for the primary use and benefit of certain area scout
organizations generally as set forth above, including, building a scout cabin meeting place, is
consistent with the conditions in the deed to the Legion (namely, the property be used for park
purposes), and would not trigger any action by the City to take the property under the
reversionary clause (which the City could only do if the property were not used for park
purposes). This Resolution is subject to the following: the conveyance from the Legion to the
Association does not affect the reversionary interest in favor of the City, which would continue to
exist and will not be adversely affected by the conveyance.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this third day of March, 2008.
Attest:
G~'VV~c-ec-
Pamela Kolacy, MMC
City Clerk
Michelle Sandoval, Mayor
Approved as to form:
John P. Watts
City Attorney
Page 2 Resolution 08-O10