HomeMy WebLinkAbout1313 W Lauridsen Blvd - Land Use 31 -2,\14.1
;ORT CITY OF NGELES
W A S H I N G T O N U.S.A.
NALMOIMMir r Q) ECE11WIE
APR 2 6 200
CITY OF PORT ANGELES
Dept. of Community Development
CITY ATTORNEY Date: April 26, 2006
William E. Bloor To: Mark Madsen, Director of Economic and Community Development
City Attorney
[4531]
From: William E. Bloor, City Attorney
Dennis Dickson
Sr. Assistant City Subject: Lincoln Park Title Restrictions
Attorney
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Candace Kathol Question: Are there title restrictions or other conditions that would prevent the City
Legal Assistant from removing some trees from Lincoln Park?
[4536]
Diana Lusby Summary: No. The principal condition is that the land must be used for public park
Legal Administrative purposes.
Assistant
[4530] Discussion: In 1904 the United States Congress authorized a grant of land from the
United States to the City of Port Angeles. 33 Stats., 154. The law specified that the
Jeanie DeFrang land would be used for public park purposes. It also stated that if the land was not used
Legal Administrative
Assistant for public park purposes, the title would revert to the United States. Subsequently, in
[4530] 1906, President Theodore Roosevelt signed a patent conveying the land to the City of
Port Angeles pursuant to the 1904 law.
Teresa Pierce
Legal Records Specialist The original conditions apply today. The land must be used "as a public park," and
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"for public park purposes." In the intervening years, there have been some changes to
the park boundaries, as originally designated. In the 1980's it was discovered that a
family, the Hallers, had inadvertently constructed a portion of their home on part of the
property of Lincoln Park. As a result, one -half acre was removed from the park and
subsequently sold by the United States to the Hallers. Also, there are a series of
agreements between the City and the Port District relating to the airport. They consist
of an avigation easement and right of ways for entrance roads to the airport.
It is interesting to note that in 1975 Senators Jackson and Magnuson introduced a bill
in the Senate which would have changed the limitation of the 1904 Act of Congress.
The 1975 bill would have stated that the City had the right to use the land for any
"public purpose." That bill was not successful, and the pertinent limitation is that the
property must be used for park purposes.
May 12, 2005 Page 2
Mark Madsen, Director of Economic and Community Development
Re: Lincoln Park Title Restrictions
There is nothing in the original conditions about park purposes or in any of the
subsequent transactions that prohibits the City from cutting trees in Lincoln Park. The
City has broad management rights, so long as the property is used for public park
purposes.
In summary, the Lincoln Park property must always be used and managed by the City
as a public park. However, the City is free to manage the park in any reasonable
manner. Subject to that condition, there is no limitation on cutting trees.
If you have any other questions about this, please feel free to contact me. I have a very
thick file on this property and did not see any need to copy it for you. If you do want
any of the documents, please feel free to call me.
Very truly yours,
William E. Bloor
City Attorney
cc: City Council
Michael Quinn, City Manager
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