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Home My WebLink About3465• • ORDINANCE NO. 3465 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley right -of -way in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of the Fountain/Glenwood Avenue alley abutting Lots 4 -17, Block 18, Pennsylvania Park Addition, Port Angeles; 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, said vacation appears to be of benefit to and in the interest of the public per the findings and conclusions listed in Exhibit B; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the City right -of -way located as described above and as shown on the attached map Exhibit A, shall be vacated, subject to the condition attached as Exhibit B to this Ordinance. Section 2 - Condition. The attached Condition, Findings and Conclusions, identified as Exhibit "B," hereby are adopted and incorporated herein. -1- • • Section 3 - Compensation. No compensation for this alley is required per Exhibit B. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. The City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 6th day of November, 2012. ATTEST: Ja► sa Hurd, City Clerk APPR' VED AS TO FO 4.1( Willi .;r E. Bloor, City Attorney PUBLISHED: November 11, 2012 By Summary Exhibit A: Map Exhibit B: Conditions, Findings & Conclusions G \LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 2012\23- Fountain wpd -2- Cherie Ki , Mayor aer 682330 BASIS OF BEARING Tl. ads of Oman 'for tla army 39 M 1 8144' E alas as EM l9. N U.a . 9...., W✓1✓ a SaetIan 8. To.n1nla 30 a1✓a.. /Iona • a mat. M. awnl .n mat anhy r•ta 9•d a 0999 9' Surhr., M "6. Raawa. a 09991.9 Canty. W9amnton GLENWOOD r L —r - -- SECTION SUBDIVISION NOTE r✓ 9atla 90aaalm uaa 944 Inaba/ of Plat .awen.a u.aa ono Nam, ISurhy manta In 010 • a Swhw. an Pa, MS, Rama a a41am �9 *13. 9y 111 *1909 >• 44919 unto 8 and. Canty fn.Wao999 9 Mao cap In can pat 0010) 192 T — 14.1 _ T— �•99w��wpw .p.4. OM. R �� R .o9 FOUNTAIN . (I 20 1114800. . NSl)rt]' W r St. it LEGAL DESCRIPTION TM map 9Rrawla a ashy of tai 2 ;a. ma 4 one 12 1;14.13.11. as ly a Noah 13 of Panama% Pr. Malden to pm City of Part Ana. a yarn an 1191 9999 manta In Volt of Mal; on 89.91. 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No. 2- 8 -30 -6 -622 v s 1 <''1 e J` �� i � a ✓1 (' 00eczl C V'1.., Exhibit "B" CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - OCCHIOGROSSO etal - STV 12 -03 Condition: 1. Property owned by the petitioners and right -of -way acquired through the subject vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of a quit claim deed for the right -of -way. Findings: 1. A petition requesting vacation of right -of -way platted to serve as an alley in Block 18 abutting Lots 4 — 17, Pennsylvania Park Addition was submitted to the City on August 15, 2012. The area was platted in 1890, and was annexed into the City in 1965. The right -of -way is 20' in width and 350' in length for a total area of 7,000 sq. ft. 2. RCW 35.79 requires that a petition for vacation of right -of -way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by 83% of the abutting property owners. 3. The City's Public Works and Utilities and Fire Development Department staff reviewed the petition. No objections or concerns were raised as a result of the review. 4. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 5. The City's standing policy has been to assist abutting property owners to vacate unopened rights -of -way that may have been vacated by statute without requiring compensation. 6. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 7. The site was posted regarding the proposed land use action on August 29, 2012, with legal publication appearing in the Peninsula Daily News on August 30, 2012. Notice of the action was mailed to abutting property owners who were not party to the requested action on August 29, 2012. No written comments have been received. 8. Consolidation of the right -of -way with the abutting properties following vacation can be accomplished by filing a Zoning Lot Covenant. 9. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on September 18, 2012. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on September 26, 2012. Conclusions: A. Vacation of the subject portion of alley will not alter access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily service needs to existing properties or prevent the public's use of the alley to public facilities. B. No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clallam County Road Statute. The action will provide the property owners with title to the right -of -way that was intended by the 1906 statute. C. The vacation will place unneeded property on the City's tax rolls and complete an action that was intended under the Clallam County 1906 Road Statute. D. As conditioned, site consolidation will appropriately combine the vacated right -of -way with the abutting properties. E The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. Condition, Findings, & Conclusions Occhiogrosso Page 2 of 2 Adopted by the Port Angeles City Council at its meeting of November 6, 2012. Cherie Kidd, Ma or dti ➢us41..,-, a ssa Hurd, City Clerk • • Summaries of Ordinances Adopted by the Port Angeles City Council On November 6, 2012 Ordinance No. 3465 This Ordinance of the City of Port Angeles, Washington, vacates a portion of alley right -of -way in Port Angeles, Clallam County, Washington. Ordinance No. 3466 This Ordinance of the City of Port Angeles, Washington, establishes a Code of Ethical Conduct, and adds a new Chapter to the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Publish: November 11, 2012 Janessa Hurd City Clerk