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HomeMy WebLinkAbout2253. ORDINANCE NO. 02025"3 AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street, a portion of Sixth Street, a portion of the 4th /5th alley and a portion of the 5th /6th alley, west of Tumwater Access Road. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion. of Fourth Street, a portion of Sixth Street, a portion of the 4th /5th alley and a portion of the 5th /6th alley, west of Tumwater Access Road; and WHEREAS, the requirements of Chapter 43.21C RCW, the State Environmental Policy Act, have been met and 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; now, therefore,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: i Section, 1. Vacation. Subject to the :terms and conditions of this Ordinance, the following described portion of the following described streets and alleys, are hereby vacated: That portion of Sixth Street abutting a portion of Lot 11, Block 96; the 5th /6th alley abutting Lots 9 - 11. and a portion of Lot 12, in Block 96; the 4th /5th alley abutting a portion of Lot 6 and Lots 7 - 9 and 11 - 14, Block 83; and Fourth Street abutting a portion of Lot 5 and Lots 6 - 9, Block 83, and Lots 12 and 13, Block 75, TPA; EXCEPT that portion of said rights -of -way lying 3.5 feet west of the centerline of the Tumwater Access Road. _ Section 2. Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of these streets and . alleys is $2,668.12. j1 Section 3. Easement Reserved. Pursuant to RCW 1 35.79.030, the City of Port Angeles hereby retains a floodway/ ,I drainage easement over Tumwater Creek,extending 10 feet from the ;! west bank and 20 feet from the east bank, under which the 1 Tumwater Creek cannot be further contained or altered without the II approval of the City. i1 ! hereby retains an easement over the vacated streets and alleys for the construction, repair and maintenance of public utilities. Pursuant to RCW 35.79.030, the City of Port Angeles -1- Section 4. Special Terms and Conditions. to further excavation may occur at the base of Tumwater Creek Ravine, and the Ravine, wherever possible, be stabilized with appropriate structures and landscaped with grasses and shrubs suitable for a steep slope. Section 5. Quit Claim Deed. Upon compliance with the terms and conditions of this Ordinance, the owner of abutting property entitled to the vacated streets and alleys, pursuant to RCW 35.79.040, may present a quit claim deed to the City of Port Angeles for execution by the Mayor, who is hereby authorized and directed to execute such quit claim deed. Such quit claim deed shall include all reservations, conditions, or other qualifica- tions upon the title established by this Ordinance. Section 6. Effective Date. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance, and the Clerk is hereby directed to file, record and publish this Ordinance upon that satisfaction. PASSED-by the City Council of th.-: City of" Port Angeles at a regular meeting of said Council held on the , day of , 1983. ATTEST: Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig Miller, City Tttorney BLISHED: -2- M A Y R