HomeMy WebLinkAbout2844ORDINANCE NO. 2844
AN ORDINANCE of the City of Port Angeles •
vacating a portion of the Fogarty /Hancock
alley, Port Angeles, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a
portion of the Fogarty /Hancock alley; and
WHEREAS, the City Council initiated said vacation by Resolution No. 15 -94;
and
WHEREAS, the right -of -way was previously vacated by statute; and
WHEREAS, street vacations are categorically exempt under the State
Environmental Policy Act 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF PORT ANGELES as follows:
Section 1 - Vacation. Subject to the terms and conditions of this Ordinance,
the following described right -of -way is hereby vacated subject to three conditions:
That portion of the Hancock/Fogarty Alley abutting Lots 16 -20, Block 23, and
Lots 6 - 13, Block 23, Fogarty and Dolan's Addition to Port Angeles, except
those portions located within an environmentally sensitive area or buffer,
provided further that the one -half alley abutting Lot 6, Block 23, Fogarty and
Dolan's Addition shall not be vacated.
Section 2 - Conditions.
1. A conservation easement be recorded for those portions of the site that
are within the environmentally sensitive areas and buffers. The
easement shall read as follows: "No alterations may occur within the
areas identified in the conservation easement and all vegetation shall
remain undisturbed unless the express written authorization of the City
of Port Angeles, in applying the Environmentally Sensitive Areas
Protection Ordinance (Chapter 15.20 PAMC), has been received."
2. A zoning lot covenant designating lots 5 -14 and 16 -19 as one zoning lot
shall be recorded with the County Auditors Office. A copy of the
recorded zoning lot covenant shall be provided to the Planning
Department.
3. Portions of the alley within 50 feet of the top of the ravine and 50 feet
of the toe of the bank (if determined to be an environmentally sensitive
area) to the east shall not be vacated.
Section 3 - Compensation. As the right -of -way was vacated by statute
previously, compensation required for the vacation of this street is $ -0-
Section 4 - Quit Claim Deed. Upon satisfaction of the conditions set forth in
Section 2 of this Ordinance, the owners of abutting property entitled to the vacated street,
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 qualifications
upon the title established by this Ordinance.
Section 5. This Ordinance shall be effective only upon the satisfaction of the
terms and conditions of this Ordinance, and the City Clerk is hereby directed to file,
record,and publish this Ordinance upon that satisfaction.
PASSED by the City Council of the City of Port Angeles at a regular meeting
of said Council held on the 15th day of November, 1994.
APPROVED AS TO FORM:
Craig t.t'liutson, City Attorney
PUBLISHED: January 22, 1995
By Summary
Summary of Ordinance Adopted by the
Port Angeles City Council
on November 15, 1994
Ordinance No. 2844
This Ordinance of the City of Port Angeles vacates a portion of the
Fogarty /Hancock alley, which is legally described as that portion of the
Hancock/Fogarty Alley abutting Lots 16 - 20, Block 23, and Lots 6 - 13, Block
23, Fogarty and Dolan's Addition to Port Angeles, except those portions located
within an environmentally sensitive area or buffer, provided further that the one -
half alley abutting Lot 6, Block 23, Fogarty and Dolan's Addition shall not be
vacated.
The full text of the Ordinance is 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.
This Ordinance shall take effect five days after the date of publication of this summary.
Publish: January 22, 1995
Becky J. Upton
City Clerk