HomeMy WebLinkAbout1502 S. Cherry Street 1502 S Cherry Street STV 00-00
• ORS' NGELES oEC � oWED
JUL 18 2005
WASHINGTON, U. S. A.
1412EPUBLIC WORKS & UTILITIES DEPARTMENT Dept.of Community Development
DATE: JULY 15,2005
To: BILL BLOOR,CITY ATTORNEY
FROM: TREMA FUNSTON,ENGINEERING SPECIALIST
SUBJECT: BUILDING ENCROACHMENT INTO CITY RIGHT OF WAY(1502 South Cherry Street)
This memo is in regards to a request for information on how best to deal with an existing structure that
encroaches City right of way. The building was constructed in the late 1940-50's. Mrs. Reynolds
purchased the property from the estate 10 plus years ago and was unaware of the encroachment until she
listed her home with a real estate company. On the aerial mapping, it appears that a portion of the
existing structure encroaches approximately 10'into the Lauridsen Blvd-/Highway 101 right of way.
Mrs. Reynolds had a potential buyer that backed out of the purchase as a result of the apparent
encroachment. Mrs Reynolds had petitioned the City for a street vacation which was reviewed by the
Property Management Committee. The committee was not in favor of vacating the right of way due
to the location of over head electrical power lines within this right of way. Access to the power lines
is via the driveway of which Mrs. Reynolds also uses to enter into her garage.
The Real Estate Committee would be in favor of issuing a right of way use permit. .Larry William's
said that the agreement would need to be a"licensed agreement". I am not familiar with the language
used for such an agreement therefore I am asking for your assistance.
I have attached a document(easement)that was used for a similar situation. This easement is for a
structure located at 8h&Pine of which has since been demolished and the rebuild now conforms to
the zoning set back issues.
I have also enclosed background information on a structure(garage)that sits within the"A"Street
right of way north of 4'Street. The owners are billed an annual fee based on the right of way fee
structure.
I would appreciate your assistance in drafting a document that could be attached to-the property,thus
clearing up the issue of the existing structure encroachment into the City right of way.
cc:Mark Madsen
ORT NGELES
ANN-- WASHINGTON, U. S. A.
L re
PUBLIC WORKS & UTILITIES DEPARTMENT
DATE: JUNE 9,2005
TO: SUE ROBERDS.PLANNING
FROM: TRENIA FUNSTON,PUBLIC WORKS AND UTILITIES
SUBJECT: STREET VACATION-REYNOLDS (15m&CHERRY)
Public Works&Utilities has reviewed the above referenced Street vacation request and has the
following comments:
The area requested for street vacation is in the Lauridsen Blvd/Highway 101 right of way. The
applicant's house encroaches approximately 10'into the Lauridsen Blvd right of way. The existing
gravel driveway is the only access to the garage also lies within the Lauridsen Blvd right of way.
This driveway also serves as access for the Nippon and Bonneville electrical power line and
transformers in the Lauridsen Blvd right of way.
The assessed values for property within the general area range from$2.09 to $3.43 per SF. The
Reynolds property is assessed at the$2.09. The amount of area(building and driveway)that would
need to be vacated in order for this property to comply with the zoning/building setbacks would be
approximately(50'x 200') 10,000SF. Since this driveway also serves as the access for the electrical
power lines and easement would need to be included in the conditions for the vacation.
- n o f>7 sTY _
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Parcel Lookup Page 1 of 1
Parcel Number 0630000423000000
Site Address: 1502 S CHERRY ST PA
1,
Taxpayer:
REYNOLDS SHIRLEY 1502 S CHERRY ST
PORT ANGELES, WA 98362-7624
Title Owner:
REYNOLDS SHIRLEY 1502 S CHERRY ST
PORT ANGELES, WA 98362-7624
Description:
LTS 1-4 BL 423 TPA
Value Summary:
Note:Listed values do not reflect adjustments made for exemption programs such as
Senior/Disabled or Current Use programs(except Commercial Forestland properties).
Land Value: 42,000
Improvements Value: 280,605 .
Total Assessed Value: 322,605
Property Characteristics:
Note:Use Code is for Assessor's purposes only.Contact the appropriate planning or
building departments for Zoning and allowable usage of property..
Use Code: 1113 THREE BEDRM
Land Size(acreage): .00
Note:Acreage is not listed for all properties in the
Assessor's records.More information about land size.
Tax Status: Taxable
Tax Code Area:: 0010
Zoning Code: P_RS7
Note:Zoning and zoning codes change constantly.Verify all
zoning with the appropriate planning or building department.
Building Characteristics: (Click on Bldg.#for more details.)
# Bldg.Type Bldg.Stele_.._.__ Total S.F. BD_ BA
01 House One Story 3435 3 2
Tax History Sales History
Oq
P!
463,184
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http://66.161.10.164/website/sitis_p.pgm?PARCEL=0630000423000000 6/9/2005
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Vertical Datum=NA VD 88 This map�drawing is produced by the City of Porl Angeles for its own use and purposes.
Haritoatal Datum a NAD 83191 Area Map Any other use of this map-&awing shall trot be the responsibility of the City.
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CITY OF PORT ANGELES R E. C E V ED
STREET VACATION PETITION MAY 2 5 2005
CITY OF PORT ANGELES
T0: The City Council of the City of Port Angeles, Washington - z Dept.of Community Development
-Come-now-the-undersigned petitioners and pursuant to--Chapter 35:79 RCW respectfully show:
1. The undersigned petitioners request that the following described portion o
Street/Alley in the City of Port Angeles be vacated pursuant to Chapter 35.79 RCW (legally describe the
property requested for vacation below).
2. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above
described area.
3. / persons own property abutting on said area
4. The names and addresses of property owners abutting on said areas are as follows:
Name Address
WIFS
5. The undersigned petitioners constitute more than two thirds of the owners of said abutting
property.
WB° IjsEFORE, the p 'tioners ask that proceedings be commenced hereon for the vacation
of said area of sai I&Az.&kl Street/Alley in the manner prescribed in Chapter 35.79 RCW.
Respectfully submitted,
Name Address Phone
File No.
CITY OF PORT ANGELES,321 East Fifth Street.P.O.Box I I50_Port Aneeles.WA 98169.t36m Al 7_A7t0
o
Cly of Pwt Anpft
P
R�UM DEyCOROEO
epsAarsro "A:
P0111=111190 y
Part AngaMs.WA
EASEMENT �I ''
The CITY OF PORT AjVOM FS,a municipal corporation of the State of Washington,for an In consideratIon of !^
mutual benefps and diet good aM valuable considerations,conveys and warrants to DAVID E.HASSEL.the0�j
following described real estate,situated in the County of Clallam,State of Washington: .., -n
..--a
An easement for encroachment of an existing building over and across the following described real Property: 1k '^rs„
C2
c
The West two(2)feet of the South fifteen(IS)feet of Pine Street Right-of-Way adjacent �+
Southeast comer of Lot 1.Block 283,Townsite,Cfty of Port Angeles,subject to the c
following lemis and conditions:
I. The Grantees shun not utilize the property In any manner other than for encroachment of a private pre-.. _
existing,non-conformkp structure. V%
2. The Grantees shaft Indemnity,hold harmless and defend nisi CM from and against an claims or lawsulls �
eftegi ng Injury or damage to persons or property that might occur out of the Grantees'use of this easement. ;H
3. In the event the property upon which the easement is granted is sold,the easement shaft be s•tjed to
renegotiation with the new property owner.
4. M the event the structure Is destroyed,demolished or enlarged.any now construction would be required to
comply with tine currentzoning ordinance,and this easement agreement shall be considered nun and void and 1J �N
any and an rights of the Grantees terminated. r
said 1 corporation has caused this instrument to be executed by its proper H I
of WITNESS WHEREOF 1997.
offtoets this�day of
(10FI T ELES
Ostrows yor _
i
Becky J.Llpt ,C Clerk i
STATE OF WASHINGTON)
COUNTY OF CLAIM )
On V*_,J!L day d t4r• at.• _,1W.before me,the undersigned.a Notary Public M and for the State
of Washington,dint ccHn and sworn.personally appeared before me Becky J.Upton and i'roaper OatrowskL to
ftp know to be"Lcy Clerk Mayor.respecw*.of the City of Pon Angeles,the municipal corporation tilat executed
Bis foregoing indrumNO and acknoMedged the said Inslrurnent to be the free and voluntary acct and deed of said nrunkipai
for the uses and purposes therein mentioned,and on oatn stated that they are authorfaced to execute the rasid
w
a-1. '...��r1►figESS my hand and oflidai seal hereto atlbced the day and year fir�atove wdltf,•,
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4' Puhbcin fits of Washinglon
1-20.94 t Recoding at ' G>r� wyS`tp = My commnaion exphes
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1
ORT NGELESA�
�►,_- WASHINGTON; U. S. A.
MEM O Date: July,29,2003
To: Trema Funston,Engineering Permit Specialist
Crry ATTORNEv
From: Craig D.Knutson, City Attorney
Craig Knutson Subject: Right-of-Way Permit for Garage within Cit .Right-of-Way
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City This is in response to your.inquiry regarding the payment of right-of-way permit fees
Attorney for the garage that encroaches within City right-of-way at 739 West 4h. You have
[4532] provided me with considerable documentation regarding this issue,which dates back
Candace Kathol to the adoption of Ordinance No. 1977 in May, 1978. This ordinance appears to have
Legal Assistant been adopted specifically because of the garage in question and was adopted after the
[4576] owner of the property at 739 West 0 unsuccessfully petitioned the City to vacate the
Diana Lusby street in question. The ordinance provided for annual right-of-way use permits for
Legal Administrative obstructions placed within unopened or unoccupied streets and provided for the
Assistant payment of a fee "commensurate with the cost of administration, inspection and
[4530] policing involved in the issuance and continuance of such permits and the use thereby
Jeanie DeFrang granted".
Legal Administrative
Assistant Subsequently,the next owner of the property unsuccessfully attempted to get the street
[4530] vacated. Despite the Finance Director's efforts,this property owner did not cooperate
in obtaining right-of-way use permits on an annual basis as required by the ordinance.
Teresa Pierce This resulted in the City Attorney e renderin an on Feb ' 1994-that the
.-Legal-Records Specialist-
[4576]
pecialist ... -- . g._.__. o p ._.ini_in_
[4576] property owner be required to pay the back permit fees, since the owner had received
written notice that the right-of-way use permit was required to be renewed on an annual
basis. The owner did then make a payment for back fees in the amount of$1,479:
Now,there is another new owner who has also unsuccessfully attempted to vacate the
street and has failed to keep the right-of-way use permit renewed annually. Apparently
because the property is up for sale, a local realtor,Inge Baumwell,asked you about the
status of the garage and requested the City to forgive the back permit fees,apparently
based on the fact that the Finance Department has not sent annual invoices to the
property owner. In my view,however,the current property owner is still on notice that
the permit must be renewed annually and the annual fee must be paid. This is further
supported by the December 8, 1994 letter to Dr. and Mrs. Daniel Torrance from
Planning Office Specialist Sue Roberds,which states as follows: "As you know, a
Page 2
July 28,2003
Memo to Trenia Funston,Permit Specialist
Right-Of-Way Use Permit will be required to be kept current for the life of the use."
Under the current right-of-way use permit ordinance, Chapter 11.12 PAMC, and fee
ordinance,PAMC 3.70.110B.15,the annual permit was required to be issued following
payment of a$150 fee for the three year period from 1997 through 1999 and a$175 fee
for the four year period from 2000 through 2003. Since you have indicated that the last
annual fee was paid for 1996,this would mean that $1,150 is due and owing for the
seven year period from 1997 through 2003.
Please let me know if you have. any questions or would like to discuss this matter
further:
Craig D. AiAtson
City Attorney
CDK jd
CAWORKVmst nwmvipa
i a
MEMORANDUM
bATE: February 1, 19>�•:
z
0
TO: l>uhli.r_ W;,rks department
Cl)
m
FROM: City Attorney
ht: mor Garlae .:t 4th &_��trp&j -i"
Nx
This.is in response to Deputy Director Ken Ridout:'s December 13, 1993,
inquiry about the above-referenced right-of-way use permit.
rn 40
Your first crlesti.on is whether PAMC 11.17..040 provides for a one-time QX
permit for occuparcy of street right-of-way not to exceed one year or -+z
allows for annual re-applications. While the crdinance stTtes that r m
"a permit for an obstruction of an unopened. or unoccupied street of .o a
the City for a pericd not to exceed one ,year may be issued by the `' a-i
Director of Public Works", the ordinance does not state that a.
separate permit cannot be issued each year. PAMC 11.12.040. .in.
reviewing the legislative history, it is interesting to note that the.
ordinance provi-Aon in question apparently derives from an ordinance. '_n a
adopted by the City Council. in 1978 to deal with the same garage at
4th & A Street that is the subject of your present inquiry. Since the I { m H
City Council adopted the ordinance providing for a one-year street v
obstruction permit to deal with a garage that presumably would m
continue to exist for some years, it is reasonable to assume that the o
9 N
Council intended to allow for annual reissuance of the permit. rn
Consistent with this intent is the March 2, 1982, letter from the l ;ice
City's building official to the property owner stating that "the
permit should be renewed January 1, each successive year." If 'he
Public Works Department or a citizen does not feel that annual stre:et- � a
obstruction permits for the same obstruction is an appropriate Cit., z
policy, this matter should be addressed to the City Council.
x
Your second question is, if you do accept .an application for another
annual permit for this garage, should back fees be paid for ail the z
years Por which a permit was not obtained. In my opinion, the City
should require tine back fees to be paid. To do otherwise would �
sanction an illegal occupancy of street right-of-way without compen- rn
j
sation to the City. Back payment ;s particularly appropriate in Tight
of the building official's March 2, 1982, letter which cleh rly places
the property owner on notice of the annual permit obligation. i
C;:a;'.g D. nut.ion,
City Attcrrnay
CDK:cb
rw.al '
i •
i
T4 AGREEMENT T'O REMOVE ENCROACHMENT
J Within
J PUBLIC RIGHT-OF-WAY
WPEREAS: We,the undersigned owners in fee simple of the follvwing described pto(erty: "7? C) Lt.)• —i+ z
-i
Ln T `( t f�1 r�^_t!.. �%•.�i I I�,Jj V:.a T1� J\-`.l^t^T wr
do hereby seknowlodge that privite improvements hav,:;,ern or will be constructed in the next, days by us within
the adjoining public street or roadway described as, .a•T +_�
NOW,THEREFORE: ere
We do hereby —f *t
�3�y a gr«:lot said encroaching private improvements including,but not limited to.
r`E f=t_r'PJ Gtr t
and Asacxiated appurtenances shall be expeditiously demolishrd,removed,modified,rebuilt or restored at the undersigned t'rn
owner's expense within sixty(GO)days of taript of writvo notice from the City Engineer with work to he done in e v
accordance with the requirements and conditions deemed necessary by the City Engineer or bis designee at such time as the rn n 1
City rinds that itis eecessary to modify the use thercof. If the required work is not done in a timely fashion and/or if the o 3
met Na
work does got meet requirements and conditions set forth,the City is authorized to have the work done and the cost r*t
thereof ineludinp,reasonable overhead and attorneys fees shall become a civil debt of the Property owners and shall be a lien
against the property. p y m
Q i
We do also tereby agree that the City Engineer may.without notice,remove the prix•ate improvtaneats is eeeessary to repair _
utilities or other public fatalities and that the City has no obligation to reconstruct or replace such private improvements.
I -.4 H
The property owners agree to indemr.:ry,hoid,ttrinless and defend the City,its employees,agents and asaigtss from sad i O
against all claims or lawsuits as ancsing injury or damage to persons or property as a resul..•f the construction and location 't 3
of the private improvements as prt vided herein. m
F rn
t l (n er
It is agrued that this agreement shall run with the land and shall be binding on the undersigned owners,their heirs,devisees, p H
successors and assigns and all owners now or hereafter of the land descok6d above, r fCD tr•
DATED th9s Cloy of well—z t— 19—e
II t t z c•t
�rrn
sTATd OF WASHINuTON
COUNTY OF CLAr t.AM
A
On tltia due,before m::he uedenigneA Notary Public in and forthe Sate of W..ltiryr m,personally eppearcd C N r'• a L.Lt y :S .
• -r
to rete known ro be the individeu�whn axecmed the foregoing Agreeneem me
to Rewe Ene.aaehmm ewithin Public Itithtofwey and aeknowtedged tow,
NatJ*signed the erne for e,e uete and tomem,therein rentioneel. L 2
e-,
DAT"..:,Uy�d.y of ? / � ,19��
t
Z
NOTARt'P�BUC rot W. i n. L. n
_A`S• De�!! My tanmi..ion a:Pfte.t ,�/!UC C
STATE OF WASHW01'O (�`v �� -
Q I0TUP }N
COUNTY OF C Or
On Nie date,kc n' Mtn Public in and for the state of-Wudtinettn,perrowily ePpe.md
to me ktrarn to b"S'itrl:r "-��� Dist Agreement to Ree• -Encrotehmeni within Public Right or m
way.m!acknowteeped to e
Nat any agt»d the same hK cin medioned.
DATED Nb day of_.I"
NOTARY PUDUC for Waahi.tgton.
Raielins at
My eortmi.'ian expire,:
17
411
ORDINANCE NO.
AN ORDINANCE of the City of. Port Angeles
authorizing the issuance of a permit to
private persons for•the temporary
obstruction of public streets.
WHEREAS there exist some unopened and unoccupied streets
within the City which are therefore not used_for the ordinary
purposes of travel; and
WHEREAS the owners of property abutting certain of such
unopened and unoccupied streets are desirous of putting these
areas to some productive use, thereby abating the nuisances of
the proliferation .of weeds and refuse accumulation; and
WHEREAS the City cannot lawfully lease such street
areas and the City Council does not adjudge it to be in the
interests of the public to vacate the same; now therefore
THE .CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows:
Section 1. The provisions of subsection 11.12.010 of
the Municipal Code notwithstanding, the City Manager is hereby
authorized and directed to issue a permit for the obstruction of
any unopened or unoccupied street of the city for a period not to
exceed one year; provided, however, that no such permit shall be
issued to any person, firm or corporation which does not own the
underlying fee title to the portion of the street sought to .be
obstructed, and no such permit shall be transferable.
Section 2. . Every such permit shall be revocable prior.
to the expiration date appearing on the face thereof and shall
bear a notice of such revocability in the sole discretion of the
City Council.
Section 3. The Director of the Finance and Administra-
tive Services Department is hereby authorized and directed to
prepare and adopt a schedule of fees applicable to all such permits
hereafter issued commensurate with the cost of.administration,
t
inspection and policing involved in the issuance and continuance
of such permits and the use thereby granted.
PASSED by the Council of the City of Port Angeles this
^ ,�G day of , 1978.
rgaejw
MP 0
ATTEST:
Marian C. Parrish, CityCleric
APPROVED AS TO FORM:
loe
. T, aalrath, City Attorney '
PUBLISHED:
t
Sue Roberds Reynolds STV Pa�e,1
From: Mark Madsen
To: Dennis Dickson
Date: 6/14/05 9:58AM
Subject: Reynolds STV
Apparently in the RE Committee Mtg yesterday(which mtg I did not set up)the request for Street Vacation
from Reynolds was denied with preference for a"license"or perpetual ROW use permit,which would be
noted to title.
Mrs. Reynolds has been contacted and would agree to such an arrangement.
Dennis, can you start drafting the language for that document. Trenia is out of the office for a week or
two, so we may have to get Bill Hale to do the legal description.
Thank you
Mark
CC: Sue Roberds
0
ORT NGELES
WASH [ N G T O N, U. S. A.
01OWN PUBLIC WORKS & UTILITIES DEPARTMENT
DATE: JUNE 9,2005
To: SUE ROBERDS.PLANNING
FROM: TRENIA FUNSTON,PUBLIC WORKS AND UTILITIES
SUBJECT: STREET VACATION-REYNOLDS (15TH&CHERRY)
Public Works &Utilities.has reviewed the above referenced Street vacation request and has the
following comments:
The area requested for street vacation is in the Lauridsen Blvd/Highway 101 right of way. The
applicant's house encroaches approximately 10'into the Lauridsen Blvd right of way. The existing
gravel driveway-is the only access to the garage also lies within the Lauridsen Blvd right of way.
This driveway also serves as access for the Nippon and Bonneville electrical power line and
transformers in the Lauridsen Blvd right of way.
The assessed values for property within the general area range from$2.09 to $3.43 per SF. The
Reynolds property is assessed at the$2.09. The amount of area(building and driveway)that would
need to be vacated in order for this property to comply with the zoning/building setbacks would be
approximately( 50'x 200') 10,000SF. Since this driveway also serves as the access for the electrical
power lines and easement would need to be included in the conditions for the vacation.
r
I •
CITY OF PURI ANGELES
'** MONER MiCEIPT tef
Gi-er: I(WFN type: CI Draper: 1
Date: 5/26/05 01 Receipt no: M13
D::,scriptiou Quantity Aeount
44 �rt��r uAt:A•rION
Trans.nu®ber: 317353
WYNOLDS
Tender detail
I Y, Ul.f1i
2014 $250.00
fotal tendered $250.00
TAM payment $2w.N
Trans date: 5/26/05 fi®e: 13:00:30
cit INN YOU FOR YOUR PAYNENI +�
r0;t Ii+hIUMES U-451-0411 PRESS ZERO
WWW.Cl l YOFPA.LKS
Ii
CITY OF PORT ANGELES ECE 9E D
STREET VACATION PETITION MAY 2 5 2005
CITY OF PORT ANGELES
TO: The City Council of the City of Port Angeles, Washington - Dept.of Community Development
-- - - - --Come-now-the-undersigned-petitioners-and-pursuant to-Chapter-355.79-RCW respectfiilly show:
1. The undersigned petitioners request that the following described portion o�
Street/Alley in the City of Port Angeles be vacated pursuant to Chapter 35.79 RCW (legally describe the
property requested for vacation below).
2. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above
described area.
3. / persons own property abutting on said area.
4. The names and addresses of property owners abutting on said areas are as follows:
Name Address
r
5. The undersigned petitioners constitute more than two thirds of the owners of said abutting
property.
WHE,VEFORE, the p itioners ask that proceedings be commenced hereon for the vacation
of said area of sai = & Street/Alley in the manner prescribed in Chapter 35.79 RCW.
Respectfully submitted,
Name Address Phone
.
File No.
CITY OF PORT ANGELES,321 East Fifth Street,P.O.Box 1150,Port Angeles,WA 98362(360)417-4750
o
P O.R.u .
i NGELES
r'
W A S H I N G T O N, U. S. A.
DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT
Date: June 8, 2005
To: Trema Funston, Public Works and Utilities Department
From: Sue Roberds,Assistant Planner
Subject: Street Vacation Petition-Reynolds
Street Vacation Petition-Lunderville
Please review the attached applications for the vacation of City rights=of--way. These issues will
be placed on the Council's RE Committee for consideration Monday, June 13,2005. Could you
please forward your issues to this Department for that meeting and plan to attend to discuss any
concerns/issues your department may have as soon as possible.
Thank you.
Attachments
NGELES
j `
,...
WAS H I N G T O N, U. S. A.
ILRIWA DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT
Date: June 8, 2005
To: Trema Funston, Public Works and Utilities Department
Ken Dubuc,Fire Department
From: Sue Roberds, Assistant Planner
Subject: Street Vacation Petition-Reynolds
Street Vacation Petition-Lunderville
Please review the attached applications for the vacation of City rights-of-way. These issues will
be placed on the Council's RE Committee for consideration Monday, June 13, 2005. Could you
please forward your issues to this Department for that meeting as soon as possible.
Thank you.
Attachments
CITY OF PORT ANGELES ' o EC E WE- D
STREET VACATION PETITIO MAY 2 5 2005
CITY OF PORTANGELES
T0: The City Council of the City of Port Angeles, Washington - t Dept.of Community Development
- Come now-the undersigned petitioners and pursuant to-Chapter-35-39 RCW respectfully show:
1. The undersigned petitioners request that the following described portion oil
Street/Alley in the City of Port Angeles be vacated pursuant to Chapter 35.79 RCW (legally describe the
property requested for vacation below).
2. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above
described area.
3. / persons own property abutting on said area.
4. The names and addresses of property owners abutting on said areas are as follows:
Name Address
U.'r fFSRR� 67- Trv.
Y ff
5. The undersigned petitioners constitute more than two thirds of the owners of said abutting
property-
WIlE FORE, the pel tioners ask that proceedings be commenced hereon for the vacation
of said area of sai ° Street/Alley in the manner prescribed in Chapter 35.79 RCW.
Respectfully submitted,
Name Address Phone
File No.
CITY OF PORT ANGELES,321 East Fifth Street.P.O.Box 1150_Port Angeles.WA 9RU9!'460l 41 7_A7Sn
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Sue Roberds-Street vacations Pa e 1
From: Ken Dubuc
To: Sue Roberds
Date: 6/9/05 3:OOPM
Subject: Street vacations
Sue, the Fire Department has reviewed the street vacation applications submitted by Reynolds and
Lunderville.
t_,Whave no comments or objections to the Reynolds vacation on Cherry.
We have the following comment with respect to the Lunderville vacation on West 12th:
If this section of"F"Street is vacated, it will negate the future possibility of a through access from the alley
to the south. Future development off of the alley could be required to add either a cul-de-sac or other
means for emergency vehicle turn-around if through access is not provided.
Otherwise,the Fire Department has no objection.
Thanks,
Ken
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October 5,2005
Glenn Cutler,Director of Public Works&Utilities
Della Roberds
Trinia
City Council Members
William Bloor, City Attorney
This is to inform you that I have lost another Sale on the property at 1502 S. Cherry St
due to this Right-of Way Use-Agreement.
In the Right-of-Way Use Agreement on Page 1-line number 4 you state that the City's
right-of-way for electrical utilities.is accessed via the Owner's driveway.You are telling
me that I own the driveway-but I don't own the 10 foot encroachment on my house
going through the master bedroom.No one wants to own a home where they don't own
their own bedroom.
SOMETHING IS WRONG HERE!
Certainly after 60 years of where this property is located and plus paying taxes on the
property(of which I pay a healthy sum every year)I should be entitled to the land legally.
If I own the land,then I am willing to let the electrical utilities have access for their
purposes. I have lived here since March of 1992 and the electrical utilities have probably
showed up roughly 3-4 times since I have been here .
SOMETHING HAS GOT TO BE DONE ABOUT THIS PROBLEM
Sincerely,
Shirley Reyn ds
1502 S. Cherry St.
Port Angeles,WA 98362
360452-0801
CL
FILED FOR RECORD AT Tt1E•R£OMT
OF
AFTER RECORDING RETURN TO:. "EC ORDED Ik PEC014EsjClii nM co.
William E.Bloor, City Attorney
City of Port Angeles ����►`AUG 24 AM If: 34
P.O.Box 1150, 321 E 5th St
Port Angeles,WA 98362
3
2005 1163491 ccmou,
DOCUMENT: RIGHT-OF-WAY USE AGREEMENT
GRANTOR: City of Port Angeles
GRANTEE: Shirley Reynolds
LEGAL DESCRIPTION: Lots 14,Block 423,TPA,Clallam County
ASSESSORS'S PARCEL NO: 0630000423000000
RIGHT-OF-WAY USE AGREEMENT
This Agreement is made between the City of Port Angeles,hereafter the"City",and Shirley
Reynolds, a single woman,hereafter the"Owner."
Parties recite and agree as follows:
1. The Owner holds fee.title to and controls the property at 1502 S. Cherry Street
within the City of Port Angeles,legally described as: Lots 1-4 Block 423 TPA,
Clallam County.
2. The structure on Owner's.property encroaches approximately 10 feet into the
City's right-of-way at Lauridsen Blvd/Highway 101.
3. At the time of purchase,the Owner was unaware that the structure encroaches on
the City's right-of-way.
4. The City's right-of-way for electrical utilities is accessed via Owner's driveway.
5. This Agreement is intended to effect a complete settlement, accord and
satisfaction, and compromise of claims and liabilities arising as a result of the
facts summarized in paragraphs 1-4 above.
-1-
r
6. The City will grant to the Owner a Right-of-Way Use Permit for that part of the
Owner's building which encroaches in the City's right-of-way for electrical
utilities.
7. . The Owner agrees to fully comply with the following terms and conditions:
a. The Owner will indemnify and save harmless the City and its successors
and assigns,from any claim,action,liability, loss, damage or suit,arising
from the location or use of the structure within the right-of-way at 1502 S.
Cherry Street.
b. The Owner shall not utilize the property in any manner other than for a
private,non-conforming structure.
C. The Owner agrees to compensate the City for use of the right-of-way the
annual sum of$195.00,with the first payment due September 1,2005 and
due on the same date annually thereafter.
d. Owner shall allow the City access over and across Owner's driveway for
repair,maintenance,relocation, and other work as necessary for the City's
electric utilities.
.8. Neither party will seek costs, expenses, or damages of any type from the other.
9. This Agreement shall be in effect until the encroachment is removed from the
right-of-way and the property is brought into compliance with all City codes and
regulations.
10. Any new construction would be required to comply with the current zoning
ordinance, and this right-of-way agreement shall be considered null and void and
any and all rights of the Owner terminated.
11. This Agreement is intended to be the full, final and complete settlement of all
pending claims or claims that could have been raised or made resulting from this
dispute.
12. This Agreement is expressly limited to the facts of this case. It is not intended to
establish precedent or to have any effect on the interpretation of the City's code or
regulations outside the facts of this particular case.
13. This writing states the entire agreement of the parties relating to the subject matter
hereof. This incorporates and supersedes all prior discussions,negotiations and
agreements. There are no other agreements, written or oral,that relate to the
-2-
subject matter hereof that are separate from this agreement.
14. This Agreement shall be recorded in the records of the Auditor of Clallam.County
and shall be binding upon future owners of said property
City of Port Angeles: Owner:
01
By:AO-0, � r —
By:
Glenn A. Cutler, Shirley Reyn ds
Director of Public Works&Utilities
Date: August 2.�2005 Date:August 2005 .
STATE OF WASHINGTON)
)ss.
County of Clallam )
On this, day of August,2005,before me,the undersigned,a Notary Public in and for the State of Washington,
duly commissioned and sworn,personally appeared GLENN A.CUTLER,to me known to be the Director of Public
Works&Utilities of the-CITY OF PORT ANGELES,the municipal corporation that executed the foregoing
instrument,andd- said instrument to be the free and voluntary act and deed of said municipal
corporation,f m-S, an therein mentioned,and on oath stated that he is authorized to execute the said
instrument. ,�—cm-S,
:Go�O Tq o�
NotaryPubl' 'n and fo he to of Washington
•
'9� •.?24-0�•• residing at �o..�
FOF WASH�N�'�O My commission expires;ot-�d1�/-O8
STATE OF WASHIIV
)ss.
County of Clallam )
On this day of August,2005,before me,the undersigned,a Notary Public in and for the State of Washington,
duly commissioned and sworn,personally appeared Shirley Reynolds,to me known to be the individual who
executed theegoia ent,and acknowledged the said instrument to be her free and voluntary act and deed,
and ono d uthorized to execute the said rostrum t.
-ad
�/\/�P�`�g\ON EXp/�•O�
Q -600*Rj- ; NotaryPubli and f the St#of Washington
P U13�� residing at
o
p My commission expires. -D
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Vertical Datum=NAD 31 N Area Ma This map/drawing is produced by the City of Port Angeles for its own use and purposes. (�
Horlmntal Damm=NAD D3N1 P
Feet Any other use of this map/drawingshal[not be the responsibility of the City.
October 5,2005 D E C E 0 V 2
Glenn Cutler,Director of Public Works&Utilities V 15 D
Della Roberds OCT - 5 2005
Trivia CITY OF PART ANGELES
City Council Members Dept.of community Development
William Bloor,City Attorney
This is to inform you that I have lost another Sale on the property at 1502 S. Cherry St.
due to this Right-of Way Use-Agreement.
In the Right-of-Way Use Agreement on Page 1-line number 4 you state that the City's
right-of-way for electrical utilities is accessed via the Owner's driveway. You are telling
me that I own the driveway-but I don't own the 10 foot encroachment on my house
going through the master bedroom.No one wants to own a home where they don't own
their own bedroom.
SOMETHING IS WRONG HERE!
Certainly after 60 years of where this property is located and plus paying taxes on the
property(of which I pay a healthy sum every year)I should be entitled to the land legally.
If I own the land,then I am willing to let the electrical utilities have access for their
purposes. I have lived here since March of 1992 and the electrical utilities have probably
showed up roughly 3-4 times since I have been here .
SOMETHING HAS GOT TO BE DONE ABOUT THIS PROBLEM
Sincerely,
�/a�/p
Shirley Re Ids
/
1502 S. Cherry St.
Port Angeles, WA 98362
360-452-0801
REQUEST FOR PAYMENT Authorization
To:
.. A,
Description:
Budget Code: 3 V S
Amount: �t D
Approval: Date:
Special Instructions:
c:\forms\paymenffrm