HomeMy WebLinkAbout3047 Defining Easement Width and TermsOrdinance 3047
Authorizing City Manager
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ORDINANCE N0.3047
AN ORDINANCE OF THE CITY OF PORT TOWNSEND
AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS TO DEFINE
WIDTHS AND TERMS FOR EASEMENTS RESERVED TO THE CITY IN
STREET VACATION ORDINANCES
RECITALS:
A number of older street vacation ordinances vacated rights of way and reserved an
easement to the City for utilities, but did not define any specific width of the easement
that was reserved. Without a defined limit, the easement would apply to the entire width
of the vacated right of way, meaning, the abutting owner could not make any use of the
right of way area for buildings.
2. An example of one such older street vacation ordinance is Ordinance 1764 (passed
September 21, 1976), which vacated portions of the following streets and platted right of
way: Rose, Sixth, Grant, First, V, Taft, and Quincy (between Taft and Roosevelt) and
certain portions of Alleys, and reserved (in Section 2 of Ordinance 1764) an easement to
the City for utility lines but without defining any specific width of the easement.
The City Council determines it appropriate to delegate to the City Manager, in
consultation with the Public Works Director, the responsibility for defining easement
widths and terms in these situations.
4. The City Council determines it would not be prudent to adopt a blanket approach of
defining every such reserved easement to be (say) 20' because added width maybe
needed for existing utility lines, or to accommodate more than one utility line (with the
lines requiring separation), or there maybe other issues like topography that dictate a
need for additional width.
NOW THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Where any Ordinance vacating a portion of a street or right of way
reserved an easement to the City or public but does not define the easement's width, the City
Council authorizes the City Manager, in consultation with the Public Works Director, and
without further action by the City Council, to execute necessary documents that define the width
of the easement, subject to such terms and conditions as the City Manager deems appropriate. In
defining an easement, the City Manager shall take into account existing utilities and City plans
and needs that may affect the easement. The City Manager shall not have any authority to
release the easement in its entirety, or to define an easement less than 16' in width.
Generally, easements would include the following conditions:
1. The City shall have the right at all times to enter the described easement area for the
purpose of inspections and maintaining the property, including but not limited to inspecting,
Ordinance 3047
Authorizing City Manager
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maintaining, improving, repairing, constructing, reconstructing, locating, and relocating any
utility improvements, and removing vegetation or trees. This is subject to paragraphs 2 and 5
below, and to the City giving 24 hours notice except in the case of an emergency.
2. Any costs associated with inspection, maintenance, improvement, repair, construction,
reconstruction, and improvements upon the property undertaken by the City shall be borne by the
City.
3. The easement shall be binding upon the abutting owners and the City and their successors
and assigns, and constitutes a covenant running with the land.
4. Structures and/or permanent storage within the above-described easement area are
prohibited. This does not apply to fences. Trees or vegetation which in the opinion of the City
are or may become detrimental to the purpose and function of any utility shall be removed by the
owner.
5. In connection with any inspection, maintenance, improvement, repair or construction or
reconstruction, the City shall restore the property (the easement area and any immediately
adjacent area) to rough grading, but is not responsible for any restoration or repair of
landscaping, vegetation, fences, or any improvements within the easement area.
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 1St day of November 2010.
r !,C ~ ors-~~-~'~--~~
ichelle Sandoval, Mayor
Attest.• Approved as to Form:
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Pamela Kolacy, MMC, City clerk John P. Watts, City Attorney