HomeMy WebLinkAbout99-071Resolution No. 99- ~) r-] ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING
RELEASE AND EXTINGUISHMENT OF RAYMOND RESTRICTIVE COVENANTS
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WHEREAS, on January 10, 1996, Michael C. Raymond and Michelle E. Raymond recorded a
Declaration of Restrictive Covenants tying together Lots 1 and 2 of Block 2 in the B.S. Pettygrove's
Addition to the City of Port Townsend. The covenant was recorded at Jefferson County Auditor's File
No. 387817 for the purpose of enabling the City to issue permits for the purpose of establishing the
minimum lot size of 5,000 square feet for construction of a single family residence. The restrictive
covenant provided that the covenant could not be removed unless approved by the City Council; and
WHEREAS, the existing lots are nonconforming as to lot size. However, in implementing adopted
municipal code provisions since the approval of the Restrictive Covenants, City staff has liberalized
enforcement of lot consolidation provisions of the municipal code in circumstances where lots are rendered
nonconforming due to survey errors or plat alignments, and where the degree of nonconformance is
insignificant; and
WHEREAS, this Release will not create any ~ldifional building site, lot, tract, parcel or division that
pre-existed the restrictive covenants. The Release allows for the equitable treatment of property owners,
consistent with current City practice; and
WHEREAS, the lots are approximately 4,900 square feet in size which is not substantially less than
the required 5,000 square feet. The lot areas are sufficient to meet state and local health codes as future
residences would connect to the City's sewer system. The Release is consistent with the intent of state and
local codes; and
WHEREAS, in view of current City practice, the City Council finds that the reason for requiring a
restrictive covenant no longer exists, and the Raymonds should be free to use and sell their property without
the limitations imposed by the restrictive covenant,
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend that
the Mayor is authorized to execute the Release and Extinguishment of Restrictive Covenants in
substantially the same form as attached to this resolution.
ADOPTED by the City Council of the City of Port Townsend and signed.by the Mayor on this {~
Forrest Rainbo, Mayor
Attest:
Para Kolacy, Cit~ Cler~k
10/21/99 [99-55] CA§Res{Raymond.res}
Approved as to Form:
~x"......,~, T M~ahan; City Attorney