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HomeMy WebLinkAbout2845ORDINANCE NO. 2845 AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street, lying between Lincoln Street and Laurel Street, Port Angeles, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Fourth Street, Townsite of Port Angeles; and WHEREAS, the City Council initiated said vacation by Resolution No. 18 -94; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following described street is hereby vacated: That portion of Fourth Street abutting Lots 1 - 10, Block 69, and Lots 11 - 20, Block 168, Townsite of Port Angeles. Section 2 - Conditions. 1. The street vacation shall not be finalized until a building permit is issued or the work commences for the vertical relocation of the U.S. West communications in Fourth Street. 2. Final occupancy of the store shall not be allowed until the street vacation is complete and a replat combining all of the Safeway properties and vacated street right -of -way has been recorded with the County Auditor's office. 3. The street shall remain open until required to be closed for construction. 4. Land Title Company shall be provided an access easement north of their property from their site to Lincoln Street. 5. The intersection improvements and driveway locations shall be installed as contained in the traffic report and site plan provided for SEPA review and approved by the City Engineer. 6. The cost of relocating any City and U.S. West utilities in Fourth Street shall be borne by the applicant. A 20 -foot easement along any sewer and water lines shall be provided to the City and an easement acceptable to U.S. West shall also be provided. Section 3 - Compensation. Pursuant to RCW 35.79.030 compensation required for the vacation of this street is $126,000 Section 3 - 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 4. 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 6th day of December, 1994 ATTEST: Becky J4 Up y Clerk APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: October 29, 1995 By Summary -2- ( MAYOR <e Summary of Ordinance Adopted by the Port Angeles City Council on December 6, 1994 Ordinance No. 2845 This Ordinance of the City of Port Angeles vacates that portion of Fourth Street abutting Lots 1 - 10, Block 69, and Lots 11 - 20, Block 168, Townsite of Port Angeles. 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 took effect upon the satisfaction of the terms and conditions of this Ordinance. Publish: October 29, 1995 Becky J. Upton City Clerk