HomeMy WebLinkAbout2860 Revising Ordinance #1938 Concerning Tree Cutting
48S876
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Jefferlon County, WR CITY OF PORT TOWNSEN ORD 21.00
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CITY OF PORT TOWNSEND
WATERMAN &. MTl BUILDING
181 QUINCY 51, STE, 201 :.'
pORT TOWNSEND. WA 88388
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DOCUMENT TITLE
ORDINANCE
No.
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48S876
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05/18/20041Ø,28R
J8ff8rlon County, WR CITY OF PORT TOWNSEN ORD 21.00
Ordinance No. 2860
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REVISING
ORDINANCE 1938 CONCERNING THE CUTTING OF TREES
WHEREAS, City Council passed Ordinance 1938 in December 1982 vacating a
portion of Ebony Street between "U" Street and the San Juan subdivision, and also provided a
restriction against cutting trees in the vacated right-of-way; and
WHEREAS, the property owners and the adjacent property owners are in agreement
that the no cut provision in Ordinance 1938 should be clarified, and have agreed to a document
in the form of a restrictive covenant setting forth terms which would replace the no cut
provision in Ordinance 1938, with terms in a restrictive covenant; and
WHEREAS, the Council, following public input at a public hearing held May 17,
2004, determined it appropriate to amend the no cut provision in Ordinance 1938, with terms,
agreed to by the owners and neighbors, in a restrictive covenant.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Subject to Section 2, Ordinance 1938 is hereby revised to remove the no
tree cut provision in Ordinance 1938. Ordinance 1938 vacated a portion of Ebony Street,
however, the vacation was subject to a provision that no trees be cut. Ordinance 1938 is not
otherwise affected or modified except as set forth in this Ordinance.
SECTION 2. The effectiveness ofthis Ordinance is conditioned on the City Manager's
execution, and recording, of a Declaration of Covenants and Restrictions, in form approved by
the City Attorney, including signatures of affected parties, which document is intended to replace
the no tree cut provision of Ordinance 1938.
SECTION 3. 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.
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Ordinance 2860
48S876
J.ff.r8on County, WR CITY OF PORT TOWNSEN
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ORD 21.00
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This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law, and is subject to the terms and conditions of
Section 2.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 7th day of June, 2004.
. --------."
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Catharine Robinson, Mayor
Attest:
Approved as to Form:
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John P. Watts, City Attorney
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Ordinance 2860