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HomeMy WebLinkAbout3171ORDINANCE NO. 3171 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of "K" Street lying south of the southerly margin of Marine Drive, all in the Townsite of Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of "K" Street lying south of the southerly margin of Marine Drive, all in the Townsite of Port Angeles, Clallam County, Washington; and WHEREAS, the City Council initiated said vacation by Resolution No. 13 -04; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEPA) 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, the approximate location of which is shown on the attached Exhibit A, is hereby vacated: Those portions of the following rights -of -way lying south of the southerly right of way of Marine Drive, all in the Townsite of Port Angeles, Clallam County, Washington: That portion of "K" Street abutting Block 131, Block 132, Block 138, Block 139, including those portions of 2 ❑d Street, 2/3 alley. Section 2 - Conditions. Pursuant to RCW 35.79.030, the City of Port Angeles hereby retains easements over the vacated street for the construction and maintenance of public utilities: 1. A 20 -foot wide easement over an existing 8 -inch storm drain line across the "K" Street right -of -way. 2. An electrical utility easement shall be centered under the existing transmission line to encompass the overhead power line and appurtenances within the "K" Street right- of -way. 3. An 30 -foot wide easement over the existing City of Port Angeles Industrial Water Transmission Line within the "K" Street right- of -way. 4. The City shall retain 24 -hour unrestricted utility access easement. No construction will occur in the vacated right -of -way over the existing storm drain, Industrial Water Transmission facilities, or under the power lines without relocation of the utilities at the direction of the City's Public Works and Utilities Department. Relocation or undergrounding of the utilities shall be at the Grantee's expense. 5. In addition, the City shall retain an easement for right of ingress and egress along the westerly 20 feet of the "K" Street right- of -way, which is to be vacated, providing access to City -owned lots number 19 and 20 in Block 139, Townsite of Port Angeles. Section 3 - Compensation. Pursuant to RCW 35.79.030, compensation for the right -of- way shall be property to be conveyed by the Port of Port Angeles to the City having an equivalent value, which property is described as: That portion of Lots 4, 5, 6 and 7, lying southerly of West Front Street, all in Block 13, Townsite of Port Angeles, Clallam County, Washington, the approximate location of which is shown in the attached Exhibit B. 2 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. Upon receipt of a deed conveying to the City the property described in Section 2 above, the Mayor is hereby authorized and directed to execute such quit claim deed. Section 5 - Effective Date. This Ordinance shall be effective upon the execution and recording of the quit claim deed and at that time the City Clerk is hereby directed 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 5`h day of October, 2004. ATTEST: APP OVED AS TO FORM: i William E. Bloor, City Attorney PUBLISHED: November 28, 2004 By Summary GAL egal_Backup\ ORDINANCES &RESOLUTIONS12004 -I 6.StreetV acation- Exchange. wpd September 13, 2004 )"4j1, COO SP; MAYOR W z 6 an 0 a 0 O • on b O 1 M cn • O CAH 7: • 'Cr) O • O (/) • O 0w , • u 0 0 o o - H Summary of Ordinance Adopted by the Port Angeles City Council on October 5, 2004 Ordinance No. 3171 This Ordinance of the City of Port Angeles vacates "K" Street abutting Block 131, Block 132, Block 138, and Block 139, including those portions of 2nd Street, and the 2/3 alley lying within the "K" Street right of way, all lying south of the southerly margin of Marine Drive, all in the Townsite of Port Angeles, 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 execution and recording of the quit claim deed. Becky J. Upton, CMC City Clerk Publish: November 28, 2004