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HomeMy WebLinkAbout01996ORDINANCE NUMBER /,/l% AN ORDINANCE FOR THE CI`i'Y OF PORT TOWNSEND AUTHORIZING AND DIRECTING TIIE MAYOR AND CITY CLERK TO EY,ECUTE AND DELIVER AN EASEMENT AND PERMIT IN FAVOR OF THE PORT OF PORT TOWNSEND, PERMITTING SAID PORT TO DEPOSIT FILL EARTH AGAINST AND UPON THE RIGHT OF WAY FOR STATE HIGIWAY NUMBER 9 LYING BETWEEN HILL STREET AND KEARNEY STREET IN THE CITY OF PORT TOWNSEND, AND TO FILL TO THE LEVEL OF THE GRADE OF SAID STATE HIGHWAY NUMBER 9 AIk CITY STREETS AND ALLEYS LYING BETWEEN LAWANC-R STREET AND 14th STREET ON THE NORTH AND SAID STATE HIGHWAY NUMBER 9 ON THE SOUTH BETWEEN SAID HILL STREET AND KEARNEY STREET AND PROVIDING THAT SAID PORT SHALL PAY ALL COSTS THEREFORE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS: Section 1. The Mayor and City Clerk are here and hereby authorized and directed to execute and deliver an Easement.and Permit to the Port of Port Townsend, a Municipal Corporation of the State of Washington, authorizing and permitting said Port of Port Townsend to deposit fill earth upon and against the right of way of State Highway Number 9 lying between the Easterly boundary of Hill Street and the Westerly boundary of Kearney Street in said City, providing that said fill shall not be deposited at a level higher than the existing grade of said Highway, and further providing that said Port shall be xacgutzed *m and is authorized to fill all city streets and alleys lying between the Northerly boundary of ei�vr�aze Street and 14th Street on the North and the Northerly boundary of said State Highway Number 9 on the South and between .the Easterly boundary of Hill Street on the West and the Westerly boundary of Kearney Street on the East, with fill earth to the elevation of the existing grade of said State Highway No. 9 ; and further providing that said Port shall be required to construct, install and maintain drainage culverts and ditches adequate for the drainage of the entire area affected by the deposit of fill earth in the area described, and said Port is further authorized to construct under said State Highway No. 9 such culverts and drains as may be required for adequate drainage and pumping of dredged materials as are deposited in filling the described area. Section 2. The Easement and Permit provided in Section 1. hereof shall be granted only upon the condition that there shall be no obstruct of said State Highway No. 9, nor any interference with traffic thereon. Section 3. The Easement and Permit herein authorized is granted only upon the condition that the said Port of Port Townsend shall pay all costs of publication of this Ordinance, and shall stand all costs of every kind in connection with the transfer and placement of fill earth, and that the said Port of Port Townsend shall further hold the City of Port Townsend harmless from any and all liability of any kind whatsoever in connection with or arising from the transfer and depositing of fill earth in connection with the authorization and granting of said easement and permit.