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HomeMy WebLinkAbout05-034 Authorizing CM to release restrictive covenants on behalf of City , I , RESOLUfION NO. 05-034 I , A RESOLUTION OF THE CITY CO~. CIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AUTHORIZIN THE CITY MANAGER TO RELEASE RESTRICTIVE COVEN TS ON BEHALF OF THE CITY WHEREAS, the City Buildi~g and/or Development Services Department (formerly, Building and Community pevelopment Department) has from time to time issued approvals or permits on condi~' on that the applicant or owner provide a declaration of restrictive covenant or similar agr ement setting forth land use restrictions, and which covenants or agreements provide the may only be released (when the conditions necessitating the covenant or agreem nt no longer apply) by approval of the City Council; and I i I WHEREAS, the City Counc/! determines it appropriate to authorize the City Manager to determine whether the r~strictive covenant or agreement may be released when conditions have been met or nllonger apply, NOW, THEREFORE, BE T RESOLVED by the City Council of the City of Port Townsend as follows: I Wherever in any declaration ofrestriptive covenant or similar agreement placed on a property or properties as a condition lof permit approval resulting from a City administrative process, the instrume t provides it shall not be removed or released unless such action is approved by the City ouncil (or words of similar intent), the City Council hereby authorizes the City Manager, in the City Manager's discretion and judgment, to act in the stead of the City Council, d the City Manager is authorized as appropriate (for example, when the conditions n cessitating the covenant or agreement no longer apply) to sign necessary instruments removing or releasing the restrictive covenant or similar agreement. i This authorization is only intended t~ allow for the administrative release of instruments in the same manner that administrati~e release of instruments occurs now, namely, in situations where the City Administr tion has placed conditions on permit approval (and in such cases, they are able to be releas d by the City Administration and do not require City Council approval to release or remo e them). This authorization does not apply to or affect any private covenants or private instruments that the City did not require as a con ition of permit approval. For example, a height restriction in a private covenant bet een two or more properties, which covenant was not required by the City as a condition or permit approval, is not subject to this resolution. I This authorization does not apply to lany covenants or instruments containing conditions that were specifically imposed or re cired as a result of Council action in a specific land use matter. I Resolution 05-034 i I I ADOPTED by the City coJCil of the City of Port Townsend at a regular meeting thereof, held this nineteenili~ay of September, 2005. \ c~~.~ 1-, ',--,,- Catharine Robinson, Mayor Attest: I I I .<O,~~ Approved as to form: ~~ ~~ City Clerk John P. Watts City Attorney 1 I I I I Resolution 05-034