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HomeMy WebLinkAbout90-108RESOLUTION NO. 90-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING AND ACCEPTING A DEDICATION OF LAND WITHIN THE CITY FOR PUBLIC STREET PURPOSES AND AUTHOR- IZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY PERTAINING TO THE DEDICATION AND A PROPOSED VACATION OF AN INTERSECTING STREET Recitals: 1. Doug Milholland and Associates, or Rose Wind, Inc., propose to dedicate to the City of Port Townsend, in perpetuity, the east- erly 25 feet of Lots 1 and 8 of Block 9, Tibbals Second Addition to the City of Port Townsend, for public right-of-way purposes. 2. The proposed grantors further intend to apply for a vaca- tion of that portion of Thirty-Third Street lying between Kuhn Street and Pettygrove Street, to be subject to a utility easement to be reserved by the City over, under, across and through the southerly 10 feet of said Thirty-Third Street. 3. Although the dedication of land described above is not sub- ject to nor conditioned upon the vacation described above, the pro- posed grantors desire an agreement by which, if the street is vacated by the City zn the normal course pursuant to applicable law, that the present value of the dedication be applied toward the adequate compensation to the City determined for the area to be vacated pur- suant to the ordinances of the City. Resolution: Now, therefore, BE IT RESOLVED by the City Council for the City of Port Townsend, that the grant and dedication described in para- graph 1 above be and the same is hereby approved and accepted, in such form and substance acceptable to the City Attorney. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute on behalf of the City an agreement in form and substance acceptable to the City Attorney, providing for the agreements set forth in paragraphs 2 and 3 above, and setting forth such additional terms and conditions as required by the City Attorney, PROVIDED, HOWEVER, that approval and execution of such agreement shall not constitute approval of the proposed street vacation nor shall the proposed grantors rely upon such agree- ment as any approval of said vacation. BE IT FURTHER RESOLVED that the grantors shall pay all costs in connection with these transactions, including but not limited to the cost of a title report in favor of the City for the dedicated parcel, title insurance, and recording fees. Passed by the City Council for the City of Port Townsend and signed by the Mayor of the City this 4th day of December, 1990. RESOLUTION NO. 90-100 Attest: David Grove, City Clerk Appr~ed as to/form: Keith C. Harper, City Attorney RESOLUTION NO. 90-100 - 2 -