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HomeMy WebLinkAbout2866ORDINANCE NO. 2866 AN ORDINANCE of the City of Port Angeles vacating a portion of Fourth Street adjacent to Lot No. 6 of Pinebrook II Subdivision. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of the Fourth Street right -of -way abutting Lot No. 6 of Pinebrook II Subdivision, which right- of-way is located south of the intersection of Benjamin Avenue and Fourth Street; and WHEREAS, the City Council initiated said vacation by Resolution No. 3 -95; 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, 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 described right -of -way is hereby vacated: All that portion of the curved area lying outside of the 30 foot right of way for Fourth Street on the east, and the 60 foot right -of -way for Benjamin Avenue on the south, adjacent to and abutting Lot 6 of Pinebrook II, more particularly described as follows: Beginning at the southwest corner of Lot 6 of Pinebrook II, thence North 2° 12' 58" East a distance of 57.27 feet to the true point of beginning; thence continuing North 2° 12' 58" East a distance of 75.08 feet to the intersection of the projected southerly margin of the Benjamin Street right -of -way and the projected easterly margin of the Fourth Street right -of -way; thence South 87° 48' 30" East along the projected south margin of the Benjamin Avenue right - of -way a distance of 75.08 feet; thence southwesterly along a curve concave southeasterly having a radius of 75.11 feet; through a central angle of 89 ° 58' 32" for a distance of 117.95 feet to the true point of beginning. Section 2 - Condition. A utility easement will be retained by the City and any property owners served by existing utilities in the vacated right -of -way. Section 3 - Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this street is $ 1, 814.22 . Section 4 - Quit Claim Deed. 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 1 1 quit claim deed. 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 16th day of ATTEST: C . Becky J. U$on; ity Clrerk APPRQVED AS TO FORM: Craigl I4nutson, City Attorney PUBLISHED: July 2, 1995 Anderson.ord By Summary 2 May 16, 1995 Ordinance No. 2866 adopted by the City Council on May 16, 1995, vacating a portion of Fourth Street adjacent to Lot No. 6 of Pinebrook II Subdivision. Publication of ordinance withheld pending satisfaction of terms and conditions. Original ordinance in City Clerk STV file. Summary of Ordinance Adopted by the Port Angeles City Council on May 16, 1995 Ordinance No. 2866 This Ordinance of the City of Port Angeles vacates a portion of Fourth Street adjacent to Lot No. 6 of Pinebrook II Subdivision, which is legally described as all that portion of the curved area lying outside of the 30 foot right of way for Fourth Street on the east, and the 60 foot right -of -way for Benjamin Avenue on the south, adjacent to and abutting Lot 6 of Pinebrook II, more particularly described as follows: Beginning at the southwest corner of Lot 6 of Pinebrook II, thence North 2° 12' 58" East a distance of 57.27 feet to the true point of beginning; thence continuing North 2° 12' 58" East a distance of 75.08 feet to the intersection of the projected southerly margin of the Benjamin Street right -of -way and the projected easterly margin of the Fourth Street right -of -way; thence South 87° 48' 30" East along the projected south margin of the Benjamin Avenue right -of -way a distance of 75.08 feet; thence southwesterly along a curve concave southeasterly having a radius of 75.11 feet; through a central angle of 89° 58' 32" for a distance of 117.95 feet to the true point of beginning. 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: July 2, 1995 Becky J. Upton City Clerk