HomeMy WebLinkAbout3197ORDINANCE NO. 3197
AN ORDINANCE of the City of Port Angeles, Washington,
vacating a portion of 17th Street abutting Lots 11 - 15, Block
444, and Lots 6 -10, Block 447, Townsite of Port Angeles, and
a portion of "A" Street from the south line of 16th Street to the
south line of 17th Street, in Port Angeles, Clallam County,
Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
thel7th Street and a portion of A Street in Port Angeles, Clallam County, Washington; 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;
and
WHEREAS, the City Council finds $18,768.09 to be the fair market value of the
vacated right -of -way;
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 right -of -way is hereby vacated:
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That portion of 17th Street abutting Lots 11 - 15, Block 444,
and Lots 6 - 10, Block 447 Townsite of Port Angeles situated
between the Tumwater Truck Route and "A" Street, and that
portion of "A" Street from the south line of 16th Street to the
south line of 17th Street in Port Angeles, Clallam County,
Washington, as shown in Exhibit A attached.
Section 2 - Compensation. Pursuant to RCW 35.79.030, the compensation required for
the vacation of this street is $18,768.09.
Section 3 - Condition. The street vacation that is the subject of this ordinance shall be
subject to the access easement attached hereto as Exhibit B.
Section 4 - Effective Date. This Ordinance shall be effective only upon the payment of
the required $18,768.09. Upon that satisfaction, 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 3rd day of May, 2005.
ATTEST:
Becky J.
Clerk
A77PP OVED AS TO FO
William E. Bloor, City Attorney
PUBLISHED: August 23. 7005
By Summary
(i\Legal Backup \ORDINANCES &RESOLUTIONS@ 005 -I 1 ReidSVeetVacation 042805.wpd
April 26,-2005
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Litc00a
MAYOR
This map is nol intended m be used as a legal deseripiion.
This map /drawing is produced by the City oJPon Angeles for its own use and purposes_
Any other use of this map /drawing shall nol be the responsibility of the Cl0.
VrwGml Datum ° NA VD 89
llarlmnml Datum = NAD 83/91
100
Feet
Exhibit A
STV 05-01
Reid &
City of Port Angeles
STV 05-01
Lots
City Body
Blocks
Building
City right of way
Reid parcels
Surplus parcels
City parcels
Easement
C3
i
11
0
i
2005 1156233 Cauatm
AFTER RECORDING RETURN TO:
City Attorney
City of Port Angeles
P.O. Box 1150, 321 E 5th ST.
Port Angeles, WA 98362
I
Exhibit "B"
2ff5 IMi'iv I' '
(`3
DOCUMENT: ACCESS EASEMENT
GRANTOR: CITY OF PORT ANGELES
GRANTEE: BURT REID
LEGAL DESCRIPTION: A NON - EXCLUSIVE EASEMENT 35 FEET IN WIDTH
DESCRIBED AS FOLLOWS: The east half of vacated "A" Street
lying between the north margin of Lauridsen Boulevard and a
westerly projection of the south line of Lot 10, Block 444, Townsite
of Port Angeles, Clallam County, Washington
ASSESSORS'S PARCEL NO: N/A
ACCESS EASEMENT
The Grantor, the City of Port Angeles, a Washington municipal corporation, for and in consideration
of mutual benefits and other valuable consideration, the receipt whereof is hereby acknowledged,
does hereby grant, bargain and convey unto the Grantee, Burt Reid, his successors and assigns, a
perpetual non - exclusive 35' (thirty five foot) wide easement for access over and across the real
property described above.
The terms and conditions of said easement are as follows:
I . The Grantor and Grantee are co- sponsors of a petition to vacate 17th Street and "A" Street,
abutting Blocks 443, 444, and the 17'h and "A" Street intersection.
2. The Grantee hereby quit claims and conveys to the Grantor all his right, title, and interest to
the vacated "A" Street right -of -way abutting Block 444.
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3. The Grantor shall install fencing approximately two feet from the western edge of the
existing asphalted pavement, no closer than forty feet from the west margin of Block 447
to allow forty feet of width for ingress and egress to the area, and establish a hammer T turn-
around at the 17'h and "A" Street intersection. The City's gate shall be no closer than sixty
feet from the eastern edge of the vacated A Street right of way. The turn around intersection
shall be maintained and unencumbered to at least the existing sixty foot depth (60' x 60').
The Grantee shall be responsible for installing fence surrounding his property.
4. The Grantor shall be responsible for the maintenance of that portion of the access easement
from Lauridsen Blvd up to and including the 17`a and "A" Street hammer T -turn around area.
The Grantee and his successors and assigns shall be responsible for the maintenance of that
portion of the access easement north of the north margin of 17' Street.
5. The Grantee and his successors and assigns shall provide and maintain necessary drainage
along the "A" Street access easement as required by the City Engineer.
6. The Grantee and his successors and assigns shall indemnify and hold the City harmless from
any and all claims, damages, lawsuits and liabilities arising from Grantee's or related to
Grantee's use of this access easement by any person.
7. All work to be performed by Grantee on Grantor's property shall be in accordance with the
plans submitted to and approved by Grantor and shall be completed in a careful and
workmanlike manner to Grantor's satisfaction, free of claims or liens.
DATED this day of
TOR, Ci. o
P
2005.
Anger s
Richard A. Headrick, Mayor
STATE OF WASHINGTON )
COUNTY OF CLALLAM )
SS.
GRANTEE, Burt rid
Burt Reid
On Mkt �4.tday of ‘717-L.4,./ 2.t,/ , 2005, before mc, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned4.nd sworn, personally appeared RICHARD A. HEADRICK and BECKY J. UPTON,
to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, the municipal corporation that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
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municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized lo execute
the said instrument.,',.,
,"
STATE OF WASHINGTON)'
) ss.
County of Clallam )
On this day of cis p y
- �� comtrn: sion�d and
i
L
Notary Public in and for the Late of Washington
Residing at Port Angeles.
My commission expires;. -
, 2005, before me, the undersigned, a Notary Public in and for the State of
Washington, duly , personally appeared Burt Reid, to me known to be the individual described
in and who executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act
and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said
instrument. r,
sworn, GVLegal BackupAEASEMENTS \Reid. AcE,gg 032805 ^vY'4,,�
• \0A � N N
• J�'•o0E3L\G
\
n -C\ WASH‘,
%.
otary Public in and for the Tate of Washington
Residing at Port Angeles.
My commission expires:. —,2 ; '/
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Summary of Ordinance Adopted by the
Port Angeles City Council
on Mav 3, 2005
Ordinance No. 3197
This Ordinance of the City of Port Angeles, Washington, vacates that portion of
17th Street abutting Lots 11 - 15, Block 444, and Lots 6 - 10, Block 447, Townsite
of Port Angeles, situated between the Tumwater Truck Route and "A" Street, and
that portion of "A" Street from the south line of 16th Street to the south line of 17th
Street in 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 satisfaction of the teens and conditions of the Ordinance.
Becky J. Upton
City Clerk
Publish: August 23, 2005