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HomeMy WebLinkAbout3303• • ORDINANCE NO. 3303 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Cherry Street, in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Cherry Street lying south of the south right -of -way of Front Street and north of the north right -of- way of the east -west alley in Blocks 13 and 14, Townsite of Port Angeles, 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, vacation of the right -of -way appears to be of benefit to and in the interest of the public; and WHEREAS, the City Council finds $ 9.00 per square foot 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, as depicted on Exhibit "A," is hereby vacated: That portion of Cherry Street abutting Lot 1, Block 13 and Lot 10, Block 14, Townsite of Port Angeles, Clallam County, Washington. Reserving unto the Grantee a 20 foot wide utility easement lying 10 feet on each side of the existing sanitary and storm sewer mains within that portion -1- • • of the vacated Cherry Street right -of -way. Grantee shall have at all times the right to full and free ingress and egress over and across said utility easement for maintenance of said utilities. If, in the future, the right -of -way utility easement is abandoned by the City, the right conveyed to the City of Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall be void. Reserving unto the Grantee airspace rights above the vacated Cherry Street for the purpose of potential future overhead pedestrian walkways and other conveyances. Section 2 - Conditions. The street vacation authorized by this ordinance is subject to the following conditions: A. The Grantor shall provide and maintain a 10 -foot wide sidewalk for public use in that portion of said vacated Cherry Street. Said sidewalk will extend from the south margin of West Front Street right -of -way to the north margin of the First/Front alley right -of -way. No structures may be developed by Grantee within the easement area or to hinder pedestrian access across the site; and B. The vacated right -of -way shall be combined with the abutting property. Redevelopment of the combined site shall include adequate off - street parking for site activities. Section 3 - Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of this street is $ 9.00 per square foot. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall be effective only upon the payment of the required compensation. Upon that satisfaction, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam -2- • County Auditor and the Clallam County Assessor. If full payment is not received by February 15, 2008 , then this ordinance will be deemed to be void and shall have no effect. PASSED by the City Council of the City of Port Angeles at a special meeting of said Council held on the 23rd day of October, 2007. ATTEST: Becky J. n, ity Cl- k PUBLISHED: March 19, 2008 By Summary APPROVED AS TO FO William E. Bloor, City Attorney G:\Legal_ Backup \ORDINANCES& RESOLUTIONS \ORDINANCES. 2007\ 2007 -36 Cherry St STV.I00907 wpd - 3 - Cherry Street Vacation Area O 9 1L H Exhibit "A" Summary of Ordinance Adopted by the Port Angeles City Council on October 23, 2007 Ordinance No. 3303 This Ordinance of the City of Port Angeles, Washington, vacates property legally described as that portion of Cherry Street abutting Lot 1, Block 13 and Lot 10, Block 14, Townsite of Port Angeles, Clallam County, Washington, reserving unto the Grantee a 20 foot wide utility easement lying 10 feet on each side of the existing sanitary storm sewer mains within that portion of the vacated Cherry Street right -of -way. Grantee shall have at all times the right to full and free ingress and egress over and across said utility easement for maintenance of said utilities. If, in the future, the right -of -way utility easement is abandoned by the City, the right convened to the City of Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall be voice. Reserving unto the Grantee airspace rights above the vacated Cherry Street for the purpose of potential future overhead pedestrian walkways and other conveyances. This Ordinance shall be effective only upon payment of the required compensation. If full payment is not received by February 15, 2008, then this Ordinance will be deemed to be void and shall have no effect. Summary of Ordinance Adopted by the Port Angeles City Council On February 5, 2008 Ordinance No. 3318 This Ordinance of the City of Port Angeles, Washington, amends Ordinance 3303 to revise the effective date for the street vacation authorized. If full payment is not received by March 31, 2008, then Ordinance No. 3303 will be deemed to be void and shall have no effect. This Ordinance shall take effect five days after publication by summary. The full text of these Ordinances are 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. Becky J. Upton, CMC City Clerk Publish: March 19, 2008