HomeMy WebLinkAbout90-099RESOLUTION NO. ~"~
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF PORT TO~SEND AUTHORIZING AN AI~NDMENT TO
THE DIRECTIVE AS TO COVENANTS AND THE RESTRIC-
TIVE COVENANTS, PREVIOUSLY EXECUTED IN CONNEC-
TION WITH CITY OF PORT TOWNSEND ORDINANCE NO.
1997
RECITALS and FINDINGS
1. The City Council for the City of Port Townsend passed
Ordinance 1997 on July 17, 1984, approving Rezone Request No. 184-
02. A copy of the Ordinance is attached hereto as Exhibit A.
2. In connection with the approval of said rezone, a
Directive as to Covenants was approved by the City Council and
signed by the Mayor on July 17, 1984. A copy of the Directive
as to Covenants is attached hereto as Exhibit B.
3. Pursuant to the Directive as to Covenants, Restrictive
Covenants were executed upon the property rezoned by Ordinance
1997 (hereinafter the "rezoned property"), which Restrictive Cov-
enants were recorded in Volume 196, pages 367-369, official rec-
ords of Jefferson County, Washington, under Jefferson County Aud-
itor's File No. 292462. A copy of the Restrictive Covenants is
attached hereto as Exhibit C.
4. With respect to Restriction No. 1 set forth in the
Directive as to Covenants and paragraph (7) contained in the Re-
strictive Covenants, pertaining to vehicular traffic access to
and from the rezoned property off of Sims Way/State Road 20,
there has been a substantial change in circumstances since July
1984 in that the property located directly across Sims Way/State
Road 20 from the rezoned property has been developed and includes
vehicular access to and from Sims Way/State Road 20; the vehicu-
lar access to be located between Lots 6 and 7 of the rezoned prop-
erty is no longer practicable nor safe for vehicular and pedestrian
traffic; and the purpose of the Directive as to Covenants and the
Restrictive Covenants may still be served by amending Restriction
No. 1 in the Directive as to Covenants and paragraph (7) of the
Restrictive Covenants as hereinafter set forth, for purposes of
traffic safety.
5. Based upon the foregoing, the City Council for the city
of Port Townsend concludes that the Directive as to Covenants and
the Restrictive Covenants should be amended as set forth below.
Now, therefore,
RESOLUTION - 1 -
RESOLUTION
BE IT RESOLVED by the City Council for the City of Port Town-
send that paragraph 1. of the Directive as to Covenants dated July
17, 1984, be and the same is here and hereby amended to read as
follows:
"1. Ail vehicular traffic access to and from the property
off of Sims Way/State Road 20 shall be at one point only and lo-
cated between Lots (6-am~-~) 8 and 9 of said property, and no
other access to or from said property onto or from Sims Way/State
Road 20 shall be allowed."
BE IT FURTHER RESOLVED that paragraph (7) of the Restrictive
Covenants attached hereto as Exhibit C should be likewise amended,
and pursuant to paragraph (5) of the Restrictive Covenants, the
City Council of the City of Port Townsend here and hereby gives
its written consent for such amendment.
BE IT FURTHER RESOLVED that the amended Restrictive Covenant
as set forth above shall be in a form satisfactory to the City
Attorney for the City of Port Townsend, and, upon recording with
the Jefferson County Auditor, shall be delivered to the City Clerk
of the City of Port Townsend and retained with the records of the
City.
BE IT FURTHER RESOLVED that Ordinance No. 1997 is here and
hereby ratified and confirmed and shall be unaffected by this Res-
olution.
Passed by the City Council for the City of Port Townsend
this 2nd day of October, 1990, and signed by the Mayor of the City
this 2nd day of October, 1990.
Attest:
D a~~l e rk
Appr~ed as to fprm:
Mayor ~reht ~
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