HomeMy WebLinkAboutFeb 2 2CITY OF PORT TOWNSEND
City Council Meeting Date: February 2, 2009
X Regular Business Meeting
_Study Session
_Other: (specify)
Department: Legal Contact: John Watts
Agenda Bill: AB09-011
Agenda Item: VIII. A
Date Submitted: 1/28/09
Phone # 379-5048
.....................................................................................................................
SUBJECT: Public Hearing on Fred Lewis Scout Cabin Association/American Legion
Proposed Street Vacation (2nd, 3`a, and Spring between Sims and Discovery, near City entrance)
CATEGORY:
_Consent
_Ordinance
_X Business
_Resolution
_Staff Report
_Proclamation
Contract Approval _Other
_FYI
—X— Public Hearing (see note below)
X Legislative
_Quasi-judicial open record
BUDGETIMPACT:
Amount Budgeted: $ 0
Expenditure Amt: $ 0
Contingency Req'd: $ 0
Supplemental Req'd:
Dept/Budget Code:
Quasi-judicial closed record
Quasi-judicial closed record appeal
NOTE: If the Public Hearing is quasi-judicial in nature, then the appearance offairness and
conflict on interest rules apply. Except at the public hearing, communicating with other
councilmembers, and contact with proponents or opponents must be avoided
.....................................................................................................................
SUMMARY STATEMENT: This matter comes before the City Council to hold a public
hearing and take action on the request by the Fred Lewis Scout Cabin Association ("Scouts") and
American Legion to vacate certain rights of way (ROW). The Scouts' proposal to vacate
involves an exchange that City staff substantially supports, however, with minor additions and
clarifications that the Scouts either do not agree with or have not responded to — see below.
The ROWS are 2nd 3`a and Spring Streets that lie between Sims Way and Discovery Road, near
the entrance to the City limits, and within the property owned by the Legion. See attached map.
They comprise about 30,000 SF, and are not improved with any road improvements. There is an
existing City waterline in the Spring St. ROW. (The vacation if approved would preserve an
easement for the waterline). The Scouts have an agreement with the Legion to use the property
for Scout purposes. The Scouts are in the process of locating a Scout log cabin on the Legion
property, and seek to place the cabin within the 3`a St. ROW. The street vacation would
consolidate the Legion property free of rights of way (and potential public uses). (The cabin
permit application has not been submitted. It will be reviewed and processed pending the
outcome of the street vacation process, so as not to delay construction.)
Scout Proposal. The Scouts' application included an Addendum, prepared by real estate
appraiser Ralph Erickson, which proposed that the ROWs would be vacated without
compensation as part of an exchange. The Addendum is attached. (It does not purport to be an
appraisal of values.) The Scouts' proposed exchange: (1) Scouts/Legion provide a 20' easement
along Discovery Road the length of the property (about 843' in length, and approx. 16,900 SF of
area, for an approx. 13,000 SF differential between the street vacation area of approx. 30,000 SF
and the new easement of approx. 16, 900 SF); (2) the easement would be "for a trail"
(Addendum, page 3) and "solely for a walking path" (Dec. 10 Scout proposal); (3) City would
get an easement across the Scout/Legion property to access the City waterline; (4) the City
would retain an easement of 25' for the existing waterline in Spring Street ROW; and (5) the
City would pay all fees.
Scout Alternative. The Scouts say if their proposal is unacceptable, then they want the City to
vacate only Yd Street in return for compensation based on appraisal. No appraisal has been
made.
City Position. While there is substantial agreement with the Scout proposal, the City staff
position is that details need to be added or clarified to result in a fairer and more acceptable result
for the City. The City add-ons and clarifications do not substantially add to or prejudice the
Scout proposal. The Public Works Director and City Attorney met several times with Ralph
Erickson and Ken Long (for the Scouts), Joe Carey and Ken McMillen (for the Legion). The
City position evolved to (underlining indicates where City position differs from the Scout
proposal: (1) City gets a 20' easement along Discovery Road (same as Scouts); (2) easement
could be used for sidewalks. bike lanes and/or trails (and not just a trail as proposed by the
Scouts),• (3) the easement could be used for underground utilities and stormwater swales (the
Scouts' written proposals did not include these uses, but in discussions the Scouts agreed the
easement could be used for underground City utilities, but not private utilities); (4) reserve 25'
easement for existing Waterline in Spring (same as Scouts), and re -define an easement north of
Spring also at 25' (defined easement is 10'); (5) provide for a 5' building setback from edge of
easement (Scouts in discussion did not seem to have a problem with this request; property is
zoned commercial allowing for 0' setback); (6) the City would get the right of access (as
proposed by the Scouts), and (7) pay all fees (as proposed by the Scouts).
A table is attached with columns comparing the City position and the Scout proposal. A column
also provides some "Comments" by City staff.
City Position on Scout Alternative. If the full street vacation as proposed by City staff is not
acceptable to the Scouts (and it is not), then City staff recommends the City Council approve Yd
street vacation only, on the basis of 1 SF of vacated,3`d Street ROW (about 8,000 SF) for 1 SF
ROW on Discovery (about 10' of ROW). A ROW swap is better for the City than monetary
compensation, because of the process and expense involved to acquire additional ROW on
Discovery in the future. Any monetary compensation from a 3`d Street ROW vacation would be
eaten up with the expense to acquire ROW along Discovery.
Scout Response to City position. The Scouts' proposal has remained unchanged from the
proposal in the Addendum they first submitted, with the exception of agreeing to allow under
ground City utilities in the easement. Scout representatives said they wanted to be able to
separately negotiate with (and charge) private utilities for use of the 20' easement. (The value to
the Scouts of added private underground utilities in the easement is slight since adding utilities
would have negligible impact on the value of the Scout/Legion property, so the impact to the
Scouts from this addition is minor.)
The Scouts have not responded to the City's other requests.
Discovery Road ROW. The Discovery ROW is currently 60.' There is no design for future
layout. If a potential layout is three lanes (two lanes plus a center lane), sidewalks or pathways,
bike lanes, and some separation between the sidewalk and the street, the needed width would be
70-80'. Acquiring ROW (or easement) along Discovery allows more design options to serve
future motorized and nonmotorized needs. The Public Works Director prefers obtaining ROW
(no restriction on uses) rather than an easement (with restriction on uses), but can accommodate
the Scouts' proposal with the added clarifications on uses in the City position.
Non -Motorized Transportation Advisory Board (NMTAB) Recommendation. NMTAB
recommends the City retain a 15' pedestrian easement over the waterline easement from Sims to
Discovery. The Public Works Director believes that a Sims to Discovery pedestrian route can be
accommodated to the west (on City property) or east (when that property develops).
NMTAB recommends 20' along Discovery be for "right of way for development of bike lanes
and sidewalks." This is consistent with the City position that the uses of the easement not be
limited to "a trail" or "a walking path."
The Nonmotorized Transportation Plan recommends connecting Fort Worden and Larry Scott
Trail with a multi -use trail (without identifying a specific route, and the Plan does not identify a
corridor within the ROWS proposed for street vacation). Exchange for 20' easement along
Discovery supports nonmotorized transportation options, and the connection from Fort Warden
and Larry Scott Trail.
Forest "conservation easement" alone Sims. In early discussions, City staff proposed 30' "no -
cut, native conservation easement" along Sims Way. In part, the City staff wanted to balance out
the 29,000 SF of street vacation to the Scouts and 16,000 SF of easement to the City with an
additional conservation easement. The easement would partially implement the Gateway
Development Plan (incorporated into the Comprehensive Plan) which calls for preservation and
protection of a 150'-200' forest corridor along Sims Way. The Scouts objected on the basis that
they intend to conserve the trees anyway. (The City Plan would typically be addressed by permit
conditions when property is developed.) Since the Legion property is deed restricted to a "park"
purpose by H.J. Carroll, who deeded the property to the Legion in 1962, and the Legion has now
deeded the property to the Scouts on condition that it be used as a park, and the Scouts
presumably will maintain the property as a park, staff agreed the forest conservation easement is
unnecessary.
Scout Assumptions. There are several assumptions in the Scouts Addendum and presentations to
staff that City staff does not support. (Scout assumptions are in italics.)
■ The street vacation benefits a `park. " City staff response is that the "park" is privately
owned, and the property is not open to the public as a public park.
■ There are "mutual benefits" to the City from the street vacation because, per the H.J.
Carroll deed, if the property is not used as a private park, then the property goes to the
City fora park City staff response is that City ownership is too remote and speculative
to be considered.
■ The City ROWS will never develop as streets and therefore have little value to the City.
City staff response is that until the intersection of Mill Road, Sims and Jacob Miller is
designed and improved, it is unknown to what extent a "cross" street between Sims and
Discovery might be useful. Any cross street would be right in/right out, but could serve
to allow cars to avoid the Mill/Sims intersection and double back along Discovery. More
likely, the value of the City ROWs lies in their potential use for stormwater purposes.
Stormwater requirements have increased in recent years, and the ROWs could be
developed as swales to meet City stormwater needs.
The right of access over Scout property to the City waterline has significant value
(equivalent to 9,000 SF of vacated ROW). City staff response is that while there is some
benefit in better access, it's a marginal benefit only, and the access is not needed as there
is alternate access over the waterline easement itself.
The difference in areas of ROW being vacated (29, 000 SF) and exchanged (16, 000 SF) is
13, 000 SF (rounded); the Scouts calculate the difference of 13, 000 SF is reduced by the
area of the waterline easement in Spring (3,625 SF), making the difference only 9,500 SF
(rounded; 13, 000 SF minus 3,625 SF). City staff response is that a 1:1 offset is not
reasonable. The difference in areas proposed for exchange is 13,000 SF (rounded), not
9,500 SF (rounded). Reserving a City easement might slightly lessen the value of the
vacated ROW (fee title to ROW is more valuable than ROW subject to an easement).
But a waterline easement in Spring does not materially affect the value of vacated Spring
to the Scouts, since they can fully use the vacated ROW area for park purposes (and
exclude the public from it).
Street Vacation Process. Street vacations are optional and not required to be approved. The
decision is legislative (subject to conflict of interest rules), and the City Council has wide
discretion in approving or not approving a street vacation. The City street vacation process
provides the Council decision whether to vacate or not is based on certain review criteria.
Attached is a copy of the PTMC review criteria and staff analysis. If Council approves the street
vacation, then the code requires an appraisal (done at the applicant's cost) to determine value.
Alternatively, "in lieu of payment of appraised value, the city council, in its discretion, may
authorize and accept dedication or conveyance of real property to the city in exchange for the
vacated street, right-of-way or alley." PTMC 12.20.090. In the case of a proposed exchange,
either an appraiser or "qualified public works personnel (as defined in PTMC 12.10.100)
provide(s) a written determination that the value of property received will be equal to or greater
than the value of the right-of-way vacated."
City Council Options. Following Council direction, staff would bring back a proposed street
vacation ordinance reflecting the Council direction (and Scout response): Options include:
1. Approve the City staff position without any change.
2. Approve the City staff position with any changes. (For example, a change night be to
approve the City staff position, but not allow the easement to be used for non -city
underground utilities.)
3. Approve the Scout proposal without any changes.
4. Approve the Scout proposal with any changes.
Under any of the alternatives (except for # 3), Council is requested to provide that if the approval
is not acceptable to the Scouts, then approve Yd street vacation only on the basis of 1 SF of
vacated 3' Street ROW (about 8,000SF) for 1 SF of ROW on Discovery (a width of about 10' of
ROW).
.....................................................................................................................
ATTACHMENTS: Map (shows City and Legion/Scout properties); Scout Application and
Addendum; NMTAB Recommendation; PTMC 12.20.060 (street vacation criteria); Table.
CITY COUNCIL COMMITTEE RECOMMENDATION: None
.......................................................................................................I.............
RECOMMENDED ACTION: Move (1) to approve the street vacation of 2ad, 3`d and Spring,
based on the City staff position without any changes, and (2) in the alternative, provide that if the
vacation is not acceptable to the Scouts, then approve 3`d street vacation only on the basis of 1 SF
of vacated 3`d Street ROW for 1 SF of ROW on Discovery.
.....................................................................................................................
ALTERNATIVES: See above
APPROVED FOR SUBMITTAL BY:
Department Director or
Name of Council Committee & Date of Motion
City M pager
r
City Attorney
Resolution No.
Ordinance No.
Other
CITY CLERK'S USE ONLY
COUNCIL ACTION TAKEN
Continued to
Referred to _
Failed
DISTRIBUTION AFTER COUNCIL ACTION
7
Development Services
Fe°RrTo�y 250-Madison Street, Suite
A° ym Port Townsend WA 98368
o Phone:360-379-5095
Fax 360-344-4619
www.cityofpt.us
w Street Vacation Application
Legal Description (or x #) Parc I um er(s) , f adjacent property:
L/ml�s
Office Use Only
ar�,r�_l' IJ
Permit
Addition: Cen Block(s)i t
Lot(s): Tay To-/o/ (` -'12 I�j (nfs 1-q 4
Associated Permits:
-
'113&livacation, and reasons for the request
�_r1I s tl o he street and/or alley petitione for
I
roc,, r ,r r:
a�rrer ��e for7tiOr)w rccu lf
d r/.ar /)dive )lelerPeep eI�l,lei o-t% Aflt_,01
�—
-freef ,�'
rl ;�4ree
Current us�s of all adjacent properties: 7)a r-k
/ /
Is this property on the ed a//of,an existing plat? l� No ❑ Yes If yes, what is the name of the plat? �l �r_T f) I ^'1
l A
1
E2 t f-'( n
Propert!�Owner: %
ContactfReplreselntativ)e (if different)
Name: �iPG C'G�l �
Name. a7 %v1/ ✓�l r t1dS r el'ci t eo_r
Address: 7e ?7ex 7rr�"
Address.
City/St1Zip: 7Orl / IJ sQnd( '�?e'3d3
City/St/Zip:,'7 ir "if t' a) I) ill' ,rJA +5'.>�,
Phone:
Phone " y
Email:
Email "e,U r Y r. ;• rt t
In addition to other conditions that may be imposed by the City Council, the applicant hereby acknowledges that
a twenty-five (25) foot utility/access easement, running twelve and one-half (12'/) feet on each side of the
centerline of the street proposed for vacation, or along existing utilities, may be retained by the City of Port
Townsend. The applicant hereby certifies that all of the above statements and information contained in any
exhibits, plot plans, or other transmittals made herewith are true. The applicant acknowledges that any action
taken by the City of Port Townsend, based in whole or in part on this application, may be reversed if it develops
that any such statement or other information contained herein is false. The undersigned hereby saves and
holds harmless the City of Port Townsend from any and all causes of action, judgments, claims, restrictions, or
other restrictions which may have been established by parties other than the City of Port Townsend.
See back of this form for required written consent of aff the owners abutting the street or alley.
Applicant
Print Nar
Signature: Date:
See Page 2 for further required signatures, plan submittal requirements and cost.
I
a
ADDENDUM TO STREET VACATION APPLICATION
STREET RIGHTS OF WAY IN EVERGREEN ADDITION
(AKA: LEROY CARROLL PARK OR AMERICAN LEGION PARK)
3075 DISCOVERY ROAD
PORT TOWNSEND, WASHINGTON
PURPOSE OF APPLICATION FOR STREET VACATION
The Fred Lewis Scout Cabin Association recently obtained possession of the LeRoy Carroll Park
which had been also known as the American Legion Park. The intent of the acquisition was to
provide a location for the construction of the new scout cabin facility. The subject property is
fenced for security but it contains some undeveloped street areas that might be considered public
rights of way. It has been determined that the security fence might cause some conflict with the
public right to cross the site using the undeveloped rights of way. There has been no demand for
access but, for security and insurance needs, it would be desirable to vacate the internal street
areas and maintain the perimeter fence around the entire park properly. Therefore, the purpose of
this application is to vacate the subject portion of the undeveloped streets within the park
perimeter but provide easement for an existing public water line, an easement for construction of
a public walking trail along the frontage on Discovery Road and maybe improve accessibility of
the water line area for city crews.
GENERAL DESCRIPTION AND INTENT
The street vacation application to which this addendum is attached included portions of three
streets inside the LeRoy Carroll Park, the future home of the FRED LEWIS SCOUT CABIN. It
is the intent of this application and addendum to address not only the subject street areas but a
strip of land along Discovery Road and an easement for an existing water line along the east line
of the Park, including part of the subject Spring Street area, which is of interest to the City of
Port Townsend. It should be considered of mutual interest by the Fred Lewis Scout Cabin
Association and the City of Port Townsend to facilitate an exchange of the subject street areas to
be vacated and the strip along Discovery Road that may become part of a pedestrian walkway
from other residential areas of the city to and beyond the city limits line. There is good reason to
believe that the exchange might be considered a zero balance trade, neither side being obligated
for any financial consideration, including but not limited to waiver of any and all application
fees.
DESCRIPTION OF THE STREETS AND EASEMENT AREAS
The subject streets are shown on an attached sketch of the Park and on the attached Assessor's
Parcel Map. They include part of Spring, 2°d and Yd Streets contained within the perimeter of the
Park. None of the street areas have been improved as public right of way, the land is covered
with trees, lawn, etc. and has been used for park related activities. That portion of Spring Street
runs generally north from Sims Way (Highway 20) but only to 3`d Street or the northeast comer
of the Evergreen Plat. Third Street runs east and west between the intersection of Spring Street
and the intersection with Discovery Road. It is between the north line of the plat and the south
line of an unplatted parcel contained within the Park perimeter at the northeast comer area of the
Park. Spring and 3`d Streets are only 30 feet wide as platted, the other 30 feet of each was
intended to be provided by a parcel to the east of the Park and the unplatted parcel in the
northeast portion of the park but neither of those parcels was ever platted and those portions were
never dedicated as street rights of way. Second Street runs generally east and west between Sims
Way (Highway 20) and Discovery Road and is a dedicated 60 right of way. Spring and 3`d Streets
are not of adequate width to be considered improvable streets and the intersection of Spring with
the highway, the intersection of 3' with Discovery Road and both intersections of 2' Street
constitute angles that would not be considered acceptable for access to Sims Way (the Highway)
or Discovery Road. That portion of Spring Street from Sims Way to the northeast comer of Lot
1, Block 1, Evergreen contains about 4,350 square feet, that portion of 3`d Street between
Discovery Road and the Parcel 001-094-007 (the unimproved tract to the east) contains about
8,040sf and that portion of 2' Street between Sims Way and Discovery Road contains about
17,550 square feet.
The property line that follows Discovery Road is somewhat irregular due to the curve and there
does not appear to be a survey of the property or the exact location of the road. However, as best
as could be determined from existing maps and survey maps of other properties in the immediate
area, the property line that follows Discovery Road is about 843 feet from the southwest comer
to the northeast comer. It has been suggested that about 20 feet should be set aside for use by the
City of Port Townsend to provide for a walking trail and required cut and slope areas. That being
the case, the 20 foot strip, at 843 feet long, would contain about 16,860 square feet.
PROPOSAL FOR EXCHANGE
The total area contained in the undeveloped streets is estimated to be about 29,940 square feet.
The set aside for a trail along Discovery Road contains about 16,860 square feet. The difference
is about 13,080 square feet. The existing waterline along the east line of the park runs the length
of the subject portion of Spring Street and continues in a northerly direction via easement across
part of the east side el 001-093-008 to Discovery Road. That existing easement is
described as be' 10 feet wide but there is also another 15 feet to the easement that is included
as a work area fo water line. In essence, the easement is 25 eet wi e. It stands to reason that
an easement over the undeveloped Spring Street Right of Way for the water line would also be
25 feet in width. If so, the easement area would contain about 3,625 square feet Deducting a
possible easement on Spring Street for the water line and additional work area, the net difference
between the vacated area and the easement areas would be about 9,455 square feet.
The access to the existing easement on Parcel 001-093-008 at Discovery Road is generally
undeveloped, there is a narrow gate, the topography is somewhat steep and visibility for ingress
and egress is limited due to the curve. Should it occur that machine and equipment access to the
easement was needed for maintenance, repair or replacement, the gate and part of the fence might
need to be removed, a better construction access might need to be excavated and improved and a
Hager may be needed during the maintenance, repair or replacement period to maintain adequate
safety for the construction crew and passing traffic. Once the work was complete, the road access
area would need to be restored and the fence and gate re -installed. The cost of opening and then
closing again, the road access would probably be more than the value of all the street right of way
to be vacated and the easement areas included in this application. It might make better sense to
allow access to city crew through the primary gate and the interior access road if there should be
need for access to the water line easement area. It would seem that the net difference of 9,455sf
that would become vacated street should be more than adequate as trade for an access for the city
crew through the primary gate and over the existing interior road.
The deed for the subject property included provision that the subject Park would revert to the
American Legion if the Scout use of the property ceases at some point. There is also a provision
that the Park would be passed on the City of Port Townsend Parks Department in the event that
the American Legion no Ionger has use for the property. If so, the City is already a lien holder of
sorts in the property. That being the case, there should be no compensation from or to either party
and there should be no need for any Street Vacation Application Fee. If it is considered a trade of
mutual benefit and the City already has some underlying interest in the property, there should
also be no need for an appraisal.
yk
Page I of 1
Joanna Sanders
From:
Peter Lauritzen [plauritz@cablespeed.com[
Sent:
Friday, January 09, 20D92:17 PM
To:
Joanna Sanders; John Watts
Cc:
Owen and Sarah Fairbank
Subject: Street Vacation between Discovery and Sims near City entrance.
TO: John Watts
At its meeting on January 8 the Non -Motorized Transportation Advisory Board NMTAB recommended
support for the proposed vacation of portions of Spring, 2nd, and 3rd Streets for the Scout
house/American Legion, if it includes dedication of an additional 20 feet to the Discovery right of way
for development of bike lanes and sidewalks, and retains a 15-foot wide trail easement over the water
line along the east boundary of the subject property.
These additional requirements help provide safe non -motorized access for Scouts utilizing the new
house, as well as preserving the option for a Discovery -Sims trail connector for public use, and support
the goal of reducing greenhouse gasses and vehicle use by facilitating Scouts' use of the new facility
independently, without their parents driving as well as general public pedestrian and bicycle access.
--Peter Lauritzen, Chair NMTAB
1/12/2009
PTMC street vacation review criteria
FROM PTMC
12.20.060 Review criteria.
An application seeking the complete or partial vacation of a street, right-of-way
or alley may be approved by the city council only upon an applicant
demonstrating, to the satisfaction of the city council, compliance with all of the
following criteria, measured both in terms of present and potential public need for
the street, right-of-way, or alley:
A. That the proposed vacation of a street, right-of-way or alley is in compliance
with the city's engineering design standards manual and the goals and policies of
the city comprehensive plan and other adopted city plans, as shown on the list
maintained by the development services department, including but not limited to
the following "functional" or "subarea" plans, as now adopted and hereafter
adopted, revised or amended:
1. Repealed by Ord. 2945;
2. Shoreline Master Program;
3. Gateway Plan;
4. Nonmotorized Transportation Plan;
5. Stormwater Plan;
6. Water System Plan;
7. Parks and Recreation Plan; and
STAFF COMMENT. Street vacation not inconsistent with this criterion.
The Nonmotorized Plan recommends connecting Fort Worden and Larry
Scott with a multi -use trail (without identifying a specific route, and the
Plan does not identify any corridor within the ROWS proposed for street
vacation). Exchange for 20' easement along Discovery supports
nonmotorized transportation options, and the connection from Fort Worden
and Larry Scott.
B. That the proposed vacated street, right-of-way or alley is not required for
current or anticipated overall area motor vehicle circulation; and
STAFF COMMENT., Street vacation not inconsistent with this criterion.
Alternatives exist to accommodate utility needs. NOTE. Until Mill
Road/Jacob Miller/ Sims intersection improvements are evaluated and
designed, need for cross -tie between Sims and Discovery in vicinity of
street vacation is not known.
C. That the current and anticipated future effectiveness of fire, law
enforcement, medical or other emergency services will not be unduly impaired by
the vacation of the street, right-of-way or alley; and
STAFF COMMENT. Street vacation not inconsistent with this criterion.
1
PTMC street vacation review criteria
D. That the current and anticipated future needs for public transportation
service (transit), mail delivery, private utility service delivery, solid waste
collection service and other public service delivery will not be unduly impaired by
the vacation of the street, right-of-way or alley; and
STAFF COMMENT: Street vacation not inconsistent with this criterion.
E. That the proposed vacated street, right-of-way or alley is not required as a
current or anticipated utility corridor (suitable water, sewer, storm sewer and
other easements may be required to satisfy this criterion. The dimensions of the
easement shall conform with the city's adopted engineering design standards);
and
STAFF COMMENT: Street vacation results in lost opportunity to locate
potential stormwater facilities in ROWs. (No need for such facilities yet
identified.) Street vacation reserves easement for existing water line utility.
F. That the proposed vacated street, right-of-way or alley is not required as a
current or anticipated bicycle, pedestrian or equestrian pathway, trail or sidewalk
corridor (suitable trail easements may be required to satisfy this criterion. The
dimensions of the easement shall conform with the city's adopted engineering
design standards); and
STAFF COMMENT: Street vacation not inconsistent with this criterion.
Alternatives exist to accommodate nonmotorized transportation corridors.
Exchange for 20' easement along Discovery supports nonmotorized
transportation options.
G. That the proposed vacation will not increase the potential for disturbance of
an environmentally sensitive area (ESA), as defined by Chapter 19.05 PTMC,
including ESAs situated within and outside of the street, right-of-way or alley
proposed for vacation; and
STAFF COMMENT., Street vacation not inconsistent with this criterion.
No ESAs are affected by the street vacation.
H. That, in the case of the proposed vacation of any portion of a street or alley
which abuts a body of fresh or salt water, the proposed vacation meets the
criteria and has been reviewed and approved in accordance with RCW
35.79.035, as now or hereafter amended. (Ord. 2945 § 2.1, 2007; Ord. 2892 § 1,
2005; Ord. 2671 § 5, 1998; Ord. 2578 § 6, 1997; Ord. 2256 § 3, 1991).
STAFF COMMENT: Criterion not applicable.
2
TABLE: Scout/Legion — City Street Vacation
A. Full Exchange: The Scouts/Legion made a proposal to vacate all or 2nd, 3rd and Spring
between Disc. and Sims is vacated (approx. 29,940 SF). The Public Works Department position
on this request is set forth in the column "City Position."
aiiie�l�*tre�s s��uhrae tho G`ty.pQsftiaij drf`fax�:�m `thy Su�+utgtonpt'�sptrsttl. = .:
2
B. Scouts /Legion propose that if their full street vacation proposal is unacceptable,
then only 3`d Street is vacated (approx. 8,040 SF) in return for payment of appraised
compensation for vacated P. The City position is if only 3`d is vacated, it should be
exchanged for a like amount of area along Discovery (approx. 8,040 SF).
City Position
Legion /
Comment
Scout
Proposal
1.
Exchange approx.
Legion/Scouts
ROW swap is
Vacate
8,000 SF of 3rd
pay appraised
better for City than
only 3 d
ROW for approx.
compensation.
monetary
8,000 SF of ROW
(No appraisal
compensation,
along Discovery
exits at this
because of process
(approx. 10' of
point.)
and expense to
width)
acquire added
Disc. ROW in
future.
2. Fees
Scout proposal of
and Costs
payment would
require appraisal
from out -of area
appraiser, at
potential cost of
several thousand
dollars. Using
$4/SFvalue for 5 h
street vacation
equates to $32,000
(rounded) (or
$16,000 if the
compromise $2/SF
value is used)
CITY OF PORT TOWNSEND
City Council Meeting Date: February 2, 2009
X Regular Business Meeting
_Study Session
Other: (spec)
Department: Legal
Contact: John Watts
Agenda Bill: AB09-012
Agenda Item: VIII. B
Date Submitted: 1/28/09
Phone # 379-5048
......................................................................................................................
SUBJECT: Ordinance 3000, Vacating a Portion of the Haines Street Right -of -Way Lying
Between Discovery Road and 30`s Street, Subject to Exchange of Properties
.....................................................................................................................
CATEGORY: BUDGETIMPACT:
Consent
Amount Budgeted: $ 0
X_Ordinance
_Resolution
_Staff Report
Expenditure Amt: $ 0
_Business
_Proclamation
Contingency Req'd: $ 0
_Contract Approval
_Other
Supplemental Req'd:
_FYI
Dept/Budget Code:
X_Public Hearing (see note below)
X_Legislative _Quasi-judicial closed record
_Quasi-judicial open record _Quasi-judicial closed record appeal
NOTE: If the Public Hearing is quasi-judicial in nature, then the appearance of fairness and
conflict on interest rules apply. Except at the public hearing, communicating with other
councilmembers, and contact with proponents or opponents must be avoided
.....................................................................................................................
SUMMARY STATEMENT: This matter comes before City Council to hold a public hearing
and take action on a proposed street vacation. If approved, the street vacation would vacate an
approximately 7' wide strip of unimproved Haines Street right of way adjacent to Gina and
Randy Holeman's residence at 233 30', comprising about 586 SF. In return, Holemans would
exchange and dedicate 586 SF off the corner of Lot 4 to the City, which the City needed for
the recent Discovery Way improvements. (See attached map.) Holemans were offered a
choice between compensation and property exchange and prefer the exchange. The Ordinance
vacates the portion of Haines, subject to the exchange. The Non -Motorized Transportation
Advisory Board (NMTAB) reviewed the exchange at its Jan. 8, 2009 meeting and supports the
exchange. Staff supports the vacation subject to the proposed property exchange.
NOTE; The following is copied from the January 5, 2009 Agenda Bill: This Resolution
initiates a street vacation process and sets a public hearing date of February 2, 2009 for the City
Council to review and take action to vacate a portion of a certain rights of way. Approval of the
Resolution to set a hearing date is not an approval of the street vacation request. Decision on
the street vacation would be made after the hearing (Feb. 2, 2009). The street vacation, if
approved, would vacate an approximately 7' wide strip of unimproved Haines Street right of
way adjacent to a portion of Lot 4, Block 8, Littlefield's Addition, comprising about 586 SF.
In return, the owner of Lot 4 (Holeman) would dedicate 586 SF off the corner of Lot 4 to the
City.
This vacation process is being initiated by the City Public Works Department. As a result of
the F Street and Discovery Way project, the City required a portion of the southwest corner of
Lot 4 for sidewalk improvements. The owners of Lot 4 adjacent to the Haines right of way
(Randy and Gina Holman) are requesting a property swap in lieu of cash compensation. This
matter is being processed at this time to set a Feb. 2, 2009 hearing.
.....................................................................................................................
ATTACHMENTS: Ordinance 3000, with map; NMTAB recommendation
CITY COUNCIL COMMITTEE RECOMMENDATION: None
.....................................................................................................................
RECOMMENDED ACTION: Move to approve first reading of Ordinance 3000, Vacating a
Portion of the Haines Street Right -of -Way Lying Between Discovery Road and 30th Street,
Subject to Bxchange of Properties.
.................................................................................... ...............................
ALTERNATIVES: Postpone action; refer to committee; take no action.
.....................................................................................................................
APPROVED FOR SUBMITTAL BY:
Department .D' r or
Name of a cil Commi Date of Motion
City Minager
CMy Attorney
CITY CLERK'S USE ONLY
COUNCIL ACTION TAKEN
Resolution No. Continua! to
Ordinance No.
Approved
Other
Referred to
Failed
DISTRIBUTION AFTER COUNCIL ACTION
ORDINANCE NO.3000
AN ORDINANCE VACATING A PORTION OF THE HAINES STREET RIGHT-
OF-WAY LYING BETWEEN DISCOVERY ROAD AND 30TH STREET,
SUBJECT TO EXCHANGE OF PROPERTIES
WHEREAS, the City Council initiated the street vacation process by Resolution 09-001,
adopted January 5, 2009, and held a hearing on February 2, 2009. The vacation process was
initiated at the request of the City Public Works Department. As a result of the F Street and
Discovery Way project, the City required a portion of the southwest corner of Lot 4, Block 8,
Littlefield's Addition (233 30', owned by Randy and Gina Holeman) for sidewalk
improvements. The owners of Lot 4 request a property swap in lieu of cash compensation. The
right-of-way proposed for exchange is an approximately 7' wide strip of unimproved Haines
Street right of way adjacent to the Holeman's residence at 233 3001, comprising about 586 SF. In
return, Holemans would exchange and dedicate 586 SF off the corner of Lot 4 to the City. The
Public Works Department supports the request. The Nonmotorized Transportation Advisory
Board supports the request; and
WHEREAS, the proposed street vacation is not inconsistent with any adopted policies of
the City, is not needed for current or anticipated transportation, utility, emergency purposes, and
does not affect any sensitive areas, and the exchange facilitates the F Street and Discovery Way
project,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
That portion of Haines Street identified as Parcel B on Exhibit A, is hereby vacated, subject to
the terms of this Ordinance
a. Parcel B shall attach to and shall be considered incorporated into (and does not
constitute a parcel separate from) Lot 4, Block 8, Littlefield's Addition, Port
Townsend, Records of Jefferson County, Washington.
b. The owner of the property identified as Parcel A on Exhibit A shall dedicate the same
to the City as right of way in form acceptable to the City Attorney.
c. This Ordinance shall not be recorded with the County Auditor until the terms have
been met. Once recorded, recording constitutes proof the terms have been met.
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force upon the recording of this Ordinance by
the City with the County Auditor, which is more than five days after the date of its publication in
the manner provided by law.
Page 1 of 3 Ordinance 3000
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 2nd day of February 2009.
Attest:
Pamela Kolacy, MMC
City Clerk
Michelle Sandoval, Mayor
Approved as to Form:
John P. Watts
City Attorney
Page 2 of 3 Ordinance 3000
EXIIIBIT "A'
LEGAL DESCRIPTION
HAINES STREET DEDICATION
AND STREET VACATION
PARCEL A: STREET DEDICATION
An easement for street and utility purposes being a portion of Lot 4, Block
8, Littlefield's Addition as per Plat recorded in Volume 2 of Plats, Page
45, Records of Jefferson County, Washington, described as follows:
Beginning at the Southwest comer of said Lot 4;
Thence Northerly along the westerly line of said Lot 4 and the easterly
line of Haines Street as shown on said Plat, North OI'26'03" East 33.56
feet;
Thence South 56'04'06" East 41.41 feet, more or less, to a point on the
Southerly line of said Lot 4, said point being North 73°29'03" East 36.71
feet from said Southwest comer;
Thence South 73°29'03" West 36.71 feet along the Southerly line of said
Lot 4 to the point of beginning.
Situate in Jefferson County, Washington
PARCEL B: STREET VACATION
A portion of Haines Street lying adjacent to Lot 4, Block 8, Littlefield's
Addition as per Plat recorded in Volume 2 of Plats, Page 45, Records of
Jefferson County, Washington, described as follows:
Beginning at the Southwest comer of said Lot 4;
Thence Northerly along the westerly line of said Lot 4 and the easterly
line of Haines Street as shown on said Plat, North 01'26'03" East 44.05
feet to the TRUE POINT OF BEGINNING;
Thence continuing along last said line, North 01026'03" East 103.76 feet
to the Northerly line of said Lot 4;
Thence North 88°33'3T' West 6.59 feet to line parallel with the Westerly
Iine of said Haines Street, distant 29.50 feet;
Thence along said parallel line, South 01026'03" West 74.19 feet;
Thence South 11007146" West 30.30 feet to the True point of Beginning;
Situate in Jefferson County, Washington
Page I of 2
HAINES STREET
H
W
d
29.5
o
b
O
1
29.5
EXHIBIT "A"
30TH STREET
N 8803357" W 6.59'
N 8803357" W
96.59'
4 3
(b
O
.� AREA TO BE: VACATED
y 586 sft
7�W
r,
0
N �
0
ern ^
O
V
1;3\OG�
AREA TO BE
586 sft
1" = 130 ft.
2
N
0
O
CONC. S/W,
Page 2 of 2
HAINES STREET