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ORDINANCE NO. 3303
AN ORDINANCE of the City of Port Angeles, Washington,
vacating a portion of Cherry Street, in Port Angeles, Clallam
County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
Cherry Street lying south of the south right -of -way of Front Street and north of the north right -of-
way of the east -west alley in Blocks 13 and 14, Townsite of Port Angeles, Washington; and
WHEREAS, street vacations are categorically exempt from the requirements of the
State Environmental Policy Act (SEPA) rules as set forth in WAC 197- 11- 800(2)(h); and
WHEREAS, a public hearing has been held by the City Council following public notice
pursuant to Chapter 35.79 RCW; and
WHEREAS, vacation of the right -of -way appears to be of benefit to and in the interest
of the public; and
WHEREAS, the City Council finds $ 9.00 per square foot to be the fair market
value of the vacated right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1 - Vacation. Subject to the terms and conditions of this ordinance, the
following right -of -way, as depicted on Exhibit "A," is hereby vacated:
That portion of Cherry Street abutting Lot 1, Block 13 and Lot 10, Block 14,
Townsite of Port Angeles, Clallam County, Washington.
Reserving unto the Grantee a 20 foot wide utility easement lying 10 feet on
each side of the existing sanitary and storm sewer mains within that portion
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of the vacated Cherry Street right -of -way. Grantee shall have at all times the
right to full and free ingress and egress over and across said utility easement
for maintenance of said utilities. If, in the future, the right -of -way utility
easement is abandoned by the City, the right conveyed to the City of Port
Angeles by this easement will thereupon revert back to the property owner(s)
and this easement shall be void.
Reserving unto the Grantee airspace rights above the vacated Cherry Street for
the purpose of potential future overhead pedestrian walkways and other
conveyances.
Section 2 - Conditions. The street vacation authorized by this ordinance is subject to
the following conditions:
A. The Grantor shall provide and maintain a 10 -foot wide sidewalk for
public use in that portion of said vacated Cherry Street. Said sidewalk will extend from the south
margin of West Front Street right -of -way to the north margin of the First/Front alley right -of -way.
No structures may be developed by Grantee within the easement area or to hinder pedestrian
access across the site; and
B. The vacated right -of -way shall be combined with the abutting property.
Redevelopment of the combined site shall include adequate off - street parking for site activities.
Section 3 - Compensation. Pursuant to RCW 35.79.030, the compensation required
for the vacation of this street is $ 9.00 per square foot.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This Ordinance shall be
effective only upon the payment of the required compensation. Upon that satisfaction, the City
Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam
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County Auditor and the Clallam County Assessor. If full payment is not received by February
15, 2008 , then this ordinance will be deemed to be void and shall have no effect.
PASSED by the City Council of the City of Port Angeles at a special meeting of said
Council held on the 23rd day of October, 2007.
ATTEST:
Becky J. n, ity Cl- k
PUBLISHED: March 19, 2008
By Summary
APPROVED AS TO FO
William E. Bloor, City Attorney
G:\Legal_ Backup \ORDINANCES& RESOLUTIONS \ORDINANCES. 2007\ 2007 -36 Cherry St STV.I00907 wpd
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Cherry Street Vacation Area
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Exhibit "A"
Summary of Ordinance Adopted by the
Port Angeles City Council
on October 23, 2007
Ordinance No. 3303
This Ordinance of the City of Port Angeles, Washington, vacates property legally described as
that portion of Cherry Street abutting Lot 1, Block 13 and Lot 10, Block 14, Townsite of Port
Angeles, Clallam County, Washington, reserving unto the Grantee a 20 foot wide utility
easement lying 10 feet on each side of the existing sanitary storm sewer mains within that
portion of the vacated Cherry Street right -of -way. Grantee shall have at all times the right to full
and free ingress and egress over and across said utility easement for maintenance of said utilities.
If, in the future, the right -of -way utility easement is abandoned by the City, the right convened to
the City of Port Angeles by this easement will thereupon revert back to the property owner(s)
and this easement shall be voice. Reserving unto the Grantee airspace rights above the vacated
Cherry Street for the purpose of potential future overhead pedestrian walkways and other
conveyances. This Ordinance shall be effective only upon payment of the required
compensation. If full payment is not received by February 15, 2008, then this Ordinance will be
deemed to be void and shall have no effect.
Summary of Ordinance Adopted by the
Port Angeles City Council
On February 5, 2008
Ordinance No. 3318
This Ordinance of the City of Port Angeles, Washington, amends Ordinance 3303 to revise the
effective date for the street vacation authorized. If full payment is not received by March 31,
2008, then Ordinance No. 3303 will be deemed to be void and shall have no effect. This
Ordinance shall take effect five days after publication by summary.
The full text of these Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
Becky J. Upton, CMC
City Clerk
Publish: March 19, 2008