HomeMy WebLinkAboutMinutes 04/09/2003 4919
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
April 9, 2003
CALL TO ORDER - Mayor Wiggins called the special meeting of the Port Angeles City Council to order
SPECIAL MEETING: at 12:00 Noon.
ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Erickson,
Headrick, Rogers, and Williams.
Members Absent: Councilmember Campbell.
Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, G. Cutler,
and T. Smith.
Public Present: None.
Termination of Easement- Termination of Easement - Port of Port Angeles: Attorney Knutson provided
Port of Port Angeles background information pertinent to the need for a Termination of Easement for the
Port of Port Angeles in conjunction with the Westport project. The matter of the
easement termination had been discussed by the Real Estate Committee, and it was
thought there was sufficient time for the City Council to authorize the Mayor to sign
the document at the April 14 Council meeting. However, staff was informed early on
this week that the closing had been scheduled for later today, thus necessitating the
need for this special meeting.
Attorney Knutson distributed copies of the proposed Termination of Easement and
showed the Councilmembers a diagram of the subject property, inclusive of the recently
approved boundary line adjustment, as well as the easements to be terminated. He
explained that the boundary line adjustment was necessary because the Westport
building wouldn't fit properly on the short plat lot approved several years ago. The
boundary line had to be moved 5 feet in order to accommodate the building. Attorney
Knutson advised the Councilmembers that the City is terminating easements that had
been reserved when the streets in this particular area were vacated, the exception being
that the City is retaining the easement for the 48 inch industrial waterline which will be
under the Westport building. Should any waterline repairs be necessary, the City will
make every effort to conduct repairs without a disruption to Westport's activities.
Discussion followed concerning the integrity of the Westport floor structure, and Public
Works & Utilities Director Cutler responded to Councilman Braun that the location of
the industrial line was taken into account when the Westport engineers were designing
the structure. In addition, the City Engineer approved all pertinent designs submitted
by Westport in the building permit process. Staff was urged to reconfirm that the
Westport design took into consideration the location of the industrial waterline. It was
noted that the City maintains the right to place other utilities within that 48 inch line.
Attorney Knutson reported that City Engineer Kenworthy had reviewed the language
in the proposed Termination of Easement and had indicated he was comfortable with
the document as written. Discussion then ensued as to whether a hold harmless
agreement should be entered into but, noting this to be a valid concern, Attorney
Knutson explained why hold harmless agreements generally won't cover water leaks.
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4920 CITY COUNCIL SPECIAL MEETING
April 9, 2003
Termination of Easement - The law presumes a water leak was caused by negligence in maintaining the waterline
Port of Port Angeles because it is so difficult to prove otherwise. He added that the courts don't generally
(Cont'd) uphold hold harmless agreements when the damage is caused by the sole negligence of
the party being held harmless.
After further discussion, Councilman Williams moved to authorize the Mayor to
sign the Termination of Easement. The motion was seconded by Councilman
Braun and carried unanimously.
ADJOURNMENT: The meeting was adjourned at 12:10 p.m.
~-~'~Glem~ Wiggins, Mayor BeCky J. Ul~to~City'~lerk - /--
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