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HomeMy WebLinkAbout3127ORDINANCE NO. 3127 AN ORDINANCE of the City of Port Angeles, Washington, correcting an inadvertent omission in a street vacation ordinance by clarifying that the "one block length of Tumwater Street lying north of Marine Drive" included the intersection of Tumwater and First Streets and by amending the compensation amount accordingly and amending Ordinance 2395. WHEREAS, the owner of all the property abutting the unvacated intersection of umwater and First Streets has requested the City to correct the inadvertent omission of said ntersection from the three prior ordinances that vacated the connecting streets; and WHEREAS, the intersection of Tumwater and First Streets should have been included n Ordinance 2395, which vacated "the one -block length of Tumwater Street lying north of Marine lb rive "; and WHEREAS, the City and the abutting property owner would like to proceed in the most fficient and expedient manner to correct the omission of the intersection in question; WHEREAS, in order for the City to receive fair market value for the inadvertently emitted area, the amount of compensation established in Ordinance 2395 should be increased by $9,922.50; and WHEREAS, said correction to the prior street 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. Section 1 of Ordinance No. 2395 is hereby amended to read as follows: 1 Section 1. Vacation. Subject to the terms and conditions of this Ordinance, the following described streets and alley are hereby vacated: The entireanc-block length of Tumwater Street lying north of Marine Drive; the one -half block length of Cedar Street lying north of Marine Drive; the one - quarter block length of Pine Street lying north of Marine Drive; and the alley lying between First and Second Streets, from the railroad on the west to Marine Drive on the east, all in Clallam County, Washington. Section 2. Section 2 of Ordinance No. 2395 is hereby amended to read as follows: Section 2 - Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of these streets and alley is $63,812 to be paid in three (3) installments of $21,271 as of June 1, 1986, $21,271 as of December 1, 1986, and $21,270 as of June 1, 1987. An additional $9,922.50 shall be paid prior to the execution of a corrected quit claim deed as provided in Section 5. Section 3. Section 5 of Ordinance No. 2395 is hereby amended to read as follows: 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 alley, 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. Upon receipt of the additional $9,922.50 provided for in Section 2, a corrected quit claim deed may be executed by the Mayor. Such quit claim deed shall include all reservations, conditions, or other qualifications upon the title established by this Ordinance. Section 4 - Effective Date. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance. Upon that satisfaction, the Clerk is hereby directed 2 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 5th day of November, 2002. ATTEST: PUBLISHED: December 15, 2002 By Summary F:\ ORDINANCES &RESOLUTIONS\2002- 32.ord.wpd 3 MAYOR APP R ED AS TO FORM: Craig D. Knutson, City Attorney Summary of Ordinance Adopted by the Port Angeles City Council on November 5, 2002 Ordinance No. 3127 This Ordinance of the City of Port Angeles, Washington, corrects an inadvertent omission in a street vacation ordinance by clarifying that the "one block length of Tumwater Street lying north of Marine Drive" included the intersection of Tumwater and First Streets and by amending the compensation amount accordingly and amending Ordinance 2395. The corrected legal description of the property vacated is the entire length of Tumwater Street lying north of Marine Drive; the one -half block length of Cedar Street lying north of Marine Drive; the one - quarter block length of Pine Street lying north of Marine Drive; and the alley lying between First and Second Streets, from the railroad on the west to Marine Drive on the east, all in Clallam County, Washington. 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 the Ordinance. Becky J. Upton City Clerk Publish: December 15, 2002