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ORDINANCE NO. a d13
AN ORDINANCE of the City of Port Angeles,
allowing use of a portion of unopened
city right -of -way.
WHEREAS, application has been made by Douglas B. Wood
for permission to use a portion of an unopened city right -of -way;
and,
WHEREAS, the City Council finds that allowing such use,
under certain specific conditions, will not affect the rights of
the public or adjoining landowners in the unopened right -of -way
and,
WHEREAS, the City Council therefore finds that it is
appropriate to allow such use, now, therefore,
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ANGELES as follows:
Section 1. Douglas B. Wood is hereby granted permission
to use the north one half of Third Street, abutting Lots 5, 6 and
7, Block 66, C. C. Leighton's Subdivision of Suburban Lots 24,
Townsite of Port Angeles, for parking purposes only for customers,
staff, and other users of facilities to be constructed by him on
Lots 5, 6 and 7.
Section 2. The permission granted by this ordinance is
revocable at will by the City of Port Angeles, with 10 days notice,
by action of the Director of Public Works of the City of Port
Angeles, whenever it is determined by the Director of Public Works
that the interests of the City, adjoining and abutting landowners,
or the public require use of the unopened right -of -way, or when-
ever it is determined that the use of the unopened right -of -way by
Douglas B. Wood is an interference with the public use of that
right -of -way, in any degree whatsoever.
Section 3. This permission is further granted upon the
following conditions:
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A. The use by Douglas B. Wood shall not effect, hinder
or impede access by the City of Port Angeles to Lot 8, Block 66,
C. C. Leighton's Addition.
B. The use by Douglas B. Wood shall not effect, hinder,
or impede access of any adjoining or abutting landowner to their
property from Third Street.
C. Douglas B. Wood shall provide to the City of Port
Angeles proof of general liability insurance, with the City of
Port Angeles named as an additional insured, insuring against
personal injury and property damage claims and liability arising
out of the use by Douglas B. Wood of an unopened city right -of -way
pursuant to the terms of this ordinance. Such insurance shall be
in an amount not less than $100,000.00 for each personal injury,
$300,000.00 total for all personal injuries, and $50,000.00 for
property damage. Evidence of this insurance shall be provided to
the city prior to the commencement by Douglas B. Wood of the use
permitted under this ordinance, and such evidence shall be pro-
vided on an annual basis.
D. Douglas B. Wood shall agree to hold the City of
Port Angeles harmless from, and defend the City of Port Angeles
against, all claims, actions, lawsuits, or other proceedings for
personal injury or property damage arising out of, or in any way
connected with, the use by Douglas B. Wood of an unopened .city
right -of -way pursuant to the terms of this ordinance.
E. Should Douglas B. Wood refuse or fail to perform any
of the conditions or terms of this section of this ordinance, the
permission for use of the unopened city right -of -.way granted hereby
shall be recinded upon notice to Douglas B. Wood of his failure to
comply with the conditions of this ordinance. Revocation of this
permission shall be effective immediately upon service upon
Douglas B. Wood of a written notice of failure to comply, signed
by the Director of Public Works or his designee.
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PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 6th day of
February, 1979.
ATTEST:
Marian•C. Parrish, City Clerk
APPROVED AS TO FORM:
7l/1i
Crai L. Miller, City Attorney
PUBLISHED: j„p df .2 S, /?f7
/‘-rt-e-e4.4.fr-k<
0 R
A G R E E M E N T
This agreement is made this 2/ day of FEB , 1979,
by and between the City of Port Angeles, a municipal corporation
of the State of Washington, (hereinafter referred to as "City ")
and Douglas B. Wood, (hereinafter referred to as "Wood ").
For and in consideration of permission granted by the City
to Wood to use a portion of an unopened city right -of -way, more
specifically described as the North One Half of Third Street
abutting Lots 5, 6 and 7, Block 66, C. C. Leighton's Subdivision
of Suburban Lot 24, Townsite of Port Angeles, it is hereby agreed
between the parties as follows:
1. Wood shall provide to the City proof of general lia-
bility insurance, with the City named as an additional insured,
insuring against personal injury and property damage claims and
liability arising out of the use by Wood of the unopened city
right -of -way pursuant to the terms of Ordinance No. 2013. Such
insurance shall be in an amount not less than $100,000.00 for
each personal injury, $300,000.00 total for all personal injuries,
and $50,000.00 for property damage. Evidence of this insurance
shall be provided to the City prior to the commencement by Wood
of the use permitted under Ordinance No. 2013, and such evidence
shall be provided on an annual basis.
2. Wood shall hold the City harmless from, and defend the
City against, all claims, actions, lawsuits, or other proceedings
for personal injury or property damage arising out of, or in any
way connected with, the use by Wood of the unopened city right-
of-way pursuant to the terms of Ordinance No. 2013.
•
0
DATED this 2/ day of February, 1979.
1 P.., 7//),,,
Douglas` B. Wood
CITY OF PORT ANGELES
gis
•1W J. H. ' aod, /Mayor
OF
[ -.cum c9. (I 4, ca
Marian C. Parrish, City Clerk