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HomeMy WebLinkAbout21-075 Setting the Conditions to Vacate a Portion of Reed Street and Directing the City Manager to Prepare the Vacation Ordinance When the Conditions are Met Resolution 21-075 RESOLUTION NO. 21-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SETTING THE CONDITIONS TO VACATE A PORTION OF REED STREET AND DIRECTING THE CITY MANAGER TO PREPARE THE VACATION ORDINANCE WHEN THE CONDITIONS ARE MET WHEREAS, the City of Port Townsend initiated a proposal to vacate a portion of Reed Street; and WHEREAS, the City proposes to exchange the vacated portion of Reed Street for additional right-of-way on Chestnut Street that contains an existing public trail; and WHEREAS, Port Townsend Municipal Code 12.20.040 governs the administration of street vacations; and WHEREAS, the City published notice of the proposed vacation in the City's official newspaper; and WHEREAS, the City Council conducted a public hearing on November 15, 2021 (adjourned to November 22, 2021); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, that the City Council adopts the findings, conclusions, and conditions presented in the Development Services Department Recommendation (Exhibit A). Upon completion of the conditions listed in Exhibit A, the Council directs the City Manager to prepare and present the vacation ordinance to the City Council for final passage and recording. ADOPTED by the City Council of Port Townsend, Washington, at a regular meeting thereof, held this 22nd day of November 2021. Michelle SaildaAal Mayor Attest: Approved as to form: Joanna Sanders, MMCllclree� a°° City Clerk City Attorney Resolution 21-075 Exhibit A Page I of 24 port250 Madison Street,Suite 3 1 Port Townsend,WA 98368 360.379.5095 www.cityofpt.us T �W ovine DEVELOPMENT SERVICES DEVELOPMENT SERVICES DEPARTMENT RECOMMENDATION Date: November 15, 2021 Subject: Vacation of Portion of Reed Street-City Initiated - (LUP21-088) Consistent with PTMC 12.20.050, Development Services Department has reviewed the above reference request and recommends the proposed street vacation and associated land exchange be APPROVED WITH CONDITIONS. Following is a summary of staff's findings: Proposal 1. The City Public Works Director initiated a request to vacate a 30 x 60-foot portion of Reed Street generally lying west of Quincy Street and immediately north of the City's Morgan Hill Reservoir in the Mountain View Addition (Exhibit 1A, Application) (Exhibit 113, Site Plan - Areas A and D depict Reed Street Vacation). 2. If the vacation is approved, under separate action the City intends to surplus a-30 x 50-foot (1,500 square feet) portion of Reed Street (Exhibit 16, Area A)to the abutting property owner to the north, Mr. Larry Johnson ("Johnson"), in exchange for a 7-foot-wide x 444- foot-long strip of Johnson's property along the east side of unopened Chestnut Street (Exhibit 16,Area Q. The land exchange benefits the public by securing the existing Chestnut Street trail corridor which currently meanders onto Johnson's private property. The exchange would provide Johnson a flatter buildable area to construct a single-family residence outside of geologically hazardous slopes. Background 3. The request was initially submitted by Johnson, owner of the abutting property to the north (Exhibit 2A, October 15,2020 Street Vacation application by Larry Johnson— LUP20-068) (Exhibit 2B—Staff Map of Johnson Property Outlined in Green). An abbreviated legal description of Johnson's current property is Lots 1 through 4, Block 25 in the Mountain View 2nd Addition together with portions of two (2) previously vacated rights of way:the west half of vacated Adams Street abutting Johnson's Lots 1 and 2, and the North 50 feet of vacated Reed Street abutting Johnson's Lot 2 (Exhibit 4A, Aerial). 4. Neighboring property owner Kris Nelson of 736 Reed Street, signed in support of Johnson's application to vacate this portion of Reed Street (Exhibit 2A, Page 2 of Street Vacation application LUP20-068). 5. According to the City's Critical Areas Maps,Johnson's property contains steep slopes classified as geologically hazardous areas under the City's Critical Areas Ordinance (Exhibit 2C, Mapped Geologically Hazardous Areas). As stated on the application, Johnson sought Resolution 21-075 Exhibit A Page 2 of 24 DSD Recommendation Reed Street Vacation Page 2 of 7 the vacation in order"to augment existing level area on the southern portion of the adjacent property with additional level property in order to better accommodate setback and parking requirements for a proposed single-family residence". 6. A file number was assigned to the Johnson application (LUP20-068) and routed for staff review. The application was placed on hold pending a PreApplication conference. 7. During the Pre-Application Meeting (PRE20-009), Johnson discussed the possibility of a land exchange. Johnson would dedicate to the City a 7-foot-wide x 444-foot-long strip of his property along unopened Chestnut Street (Exhibit 3, Area of Proposed Dedication-Shown as Area C-3,163 sq.ft.). The dedication would benefit the public by securing the existing Chestnut Street trail corridor which currently meanders onto Johnson's private property. 8. Staff review of the Street Vacation request found that the city owned fee title to Reed Street, in that the street was wholly contained within the abutting Mountain View Plat and the City owned the abutting property. 9. As authorized per RCW 35.790.010,the Public Works Director agreed to initiate vacation of this 30 x 60 portion of Reed Street (Exhibit 1A, Application). Reed Street would accrue to the City as fee owners of the adjacent land immediately north of the Morgan Hill Reservoir unless determined surplus to the city's needs as requested by Johnson. 10. If the vacation and surplus are approved,Johnson will complete a lot line adjustment to reflect the street vacation of Reed Street and dedication for the Chestnut trail. No exchange of funds is anticipated as part of this action. Existing Conditions 11. Adams Street and Reed Street were originally platted at 60 feet in width. Reed Street to the east is developed as City maintained gravel road. Abutting Adams Street to the north and Reed Street to the west were previously vacated by Council in 1974 (Adams St. Ord. 1718) and 1996 (Reed St. Ord 2513) (Exhibit 4A). The area of Reed Street proposed for vacation is undeveloped (Exhibit 4,Aerial Map). According to City GIS records, there are no water or sewer lines in this portion of Reed Street. 12. Land to the north of Reed Street is zoned R-II single-family residential. Single-family residences exist along the north side of Reed Street to the east. Johnson's property to the northwest (Block 25) is vacant. City owned Morgan Hill Reservoir lies to the south of Reed Street. 13. Existing trails in the vicinity include the following single-track dirt pathways (Exhibit 5,Trails and Topography): From the western terminus of Reed Street roughly following the City's Morgan Hill Reservoir fence line to Taylor Street. Portions of the trail meander on to Johnson's private property. This trail is not maintained by city staff and is not listed in the City of Port Townsend Non-Motorized Transportation Plan. Resolution 21-075 Exhibit A Page 3 of 24 DSD Recommendation Reed Street [vacation Page 3 of 7 « Taylor Street right-of-way from Root Street to Chestnut Street. This trail is listed as a secondary neighborhood connector in the City of Port Townsend Non-Motorized Transportation Plan. • Chestnut Street from Taylor to N Street. This trail is listed as a secondary neighborhood connector in the City of Port Townsend Non-Motorized Transportation Plan. The existing trail along Chestnut right-of-way encroach on Johnson's private property(Exhibit 5). PTMC 12.20.040-Street Vacation Administration 14.The review criteria for street vacations are found in Port Townsend Municipal Code (PTMC) 12.20. PTMC 12.20.040 and Chapter 35.79 RCW set out the procedural requirements for processing of a street vacation request. The application was routed to all pertinent offices for input, including Public Works, Police, Emergency Service Providers, and other franchise utility operators. No issues were raised. 15. On October 18, 2021, Council approved Resolution 21-063 setting the public hearing for November 15, 2021. 16. Notice of the November 15 public hearing before the City Council was provided as required by 35.79.020 RCW. DSD staff responded to questions and concerns raised by neighbors. No formal written testimony has been received. 17. While partial street vacations are generally discouraged, staff considers the unique circumstances of this vacation and exchange as providing several public benefits that merit approval. The associated land exchange benefits the public by securing the existing Chestnut Street trail corridor which currently meanders onto private property. The exchange would provide Johnson with a flatter buildable area to construct a single-family residence outside of geologically hazardous slopes. 18. If the vacation and associated surplus are approved, standard Council conditions for the vacation would require Johnson to complete a Lot Line Adjustment (LLA) incorporating the Reed Street surplus into his adjoining lots prior to finalizing the vacation by Ordinance. 19. Consistent with PTMC 12.20.090,the preparation of a fair market property appraisal can be waived by Council whenever a vacation request involves a property exchange so long as qualified Public Works staff provide a written determination that the property value being received is equal to or greater than the value of the right-of-way vacated. Public Works has prepared a preliminary determination documenting greater value of the area to be dedicated (Exhibit 6A—Memo Pages 1-2) including a map of nearby property values (Exhibit 6B—Property Value Map) and property value table (Exhibit 6C—Property Value Table). Resolution 21-075 Exhibit A Page 4 of 24 DSD Recommendation Reed Street Vacation Page 4 of 7 20. If approved,the land exchange should be conditioned on Johnson executing a Right-of- Way deed to the City for the 7 x 444-foot strip of Johnson's land to be dedicated to the City. The Right-of-Way deed (or other instrument acceptable to the City) must be prepared in a form acceptable to the City Attorney. Finally, approval of the vacation must adequately address the relocation of any portion of the non-motorized path that lies within the vacation area. PTMC 12.20.060—Street"vacation Review Criteria 21. PTMC 12.20.060 sets out eight (8) review criteria that are used to evaluate each street vacation request. These review criteria include a consistency analysis with the goals and policies of the Comprehensive Plan and other adopted City plans. The review criteria and goals/policies applicable to the subject application have been summarized below in italics, followed by a staff analysis of project conformance. L Trans ortation Goals and Policies A. Use the following criteria to consider if public rights-of-way should be vacated or left unimproved: a. street continuity and property access; b. future utility needs, including storm water facilities, and capital facilities plans, c. consistency with Land Use and Transportation Elements, as well as the overall Comprehensive Plan; and d. preservation of open space and environmentally sensitive areas. (Policy 9.4,Transportation Element of the Port Townsend Comprehensive Plan). Public Works staff have determined this portion of Reed Street is not necessary for street continuity, property access or utilities. Abutting Adams Street to the north and Reed Street to the west were previously vacated by Council in 1974 (Adams St.—Ordinance 1718) and 1996 (Reed St.—Ordinance 2513) (Exhibit 4A). The area of Reed Street proposed for vacation is undeveloped and contains no utilities. If vacated and under separate action determined surplus to the city's needs, 30 x 50 feet of vacated Reed would be exchanged with Johnson, allowing Johnson to minimize impacts to environmentally sensitive areas (i.e., avoid development on steep slopes). B. Allow street closures (or do not allow some streets to be opened)in certain areas so the street grid is broken in an effort to promote more pedestrian friendly neighborhoods. Streets designated to be closed or to remain unopened should be identified within the Nonmotorized Plan (Policy 4.7,Transportation Element of the Port Townsend Comprehensive Plan). Chestnut Street is identified as a street to remain unopened. While Reed Street is not designated as a street to remain unopened,this portion of Reed Street abuts two previously vacated streets: abutting Adams Street to the north and Resolution 21-075 Exhibit A Page 5 of 24 DSD Recommendation Reed Street vacation Page 5 of 7 Reed Street to the west were previously vacated by Council in 1974(Adams St.— Ordinance 1718) and 1996 (Reed St.—Ordinance 2513) (Exhibit 4A). C. Provide pedestrians and bicyclists with a system of facilities, incentives, and services that fully support trip-making connections between residential areas, employment centers, shopping, recreational facilities, schools, public transit and other public services within the City. The City should develop a safe and convenient environment for walking and bicycling by developing a city-wide sidewalk/pathway plan including on and off-road trails to establish safe integration of bicycle and pedestrian circulation. (Policy 5.3(f),Transportation Element of the Port Townsend Comprehensive Plan). As described in Finding 13 and depicted in Exhibit 5A,trails exist within the Reed Street and Chestnut Street rights-of-way and Johnson's abutting private property. The south ten feet of the property vacated will be retained by the City to preserve the option for trail use and to accommodate the existing Reed Street to Chestnut Trail connector(Exhibit 113, Area D). The land exchange benefits the public by securing the existing Chestnut Street trail corridor which currently meanders onto private property. DSD concludes: 1. The proposal complies with the applicable goals and policies of the Comprehensive Plan,as discussed in the Finding 21 above. 2. The effectiveness of fire, law enforcement, medical and other emergency services will not be impaired by the proposed vacation. As described in Finding 11,this portion of Reed Street is at a dead end, as abutting Adams, and Reed streets to the north and west were previously vacated. 3. 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. As described in Finding 11,this portion of Reed Street is at a dead end, as abutting Adams, and Reed streets to the north and west were previously vacated. 4. Public Works staff has confirmed the rights-of-way sought for vacation are not required as a current or anticipated utility corridor. No utilities currently exist within this portion of Read Street. As described in Finding 11,this portion of Reed Street is at a dead end,as abutting Adams, and Reed streets to the north and west were previously vacated. 5. Public Works has confirmed that the proposed street vacation would not negatively impact current or anticipated bicycle, pedestrian or equestrian pathway, trail, or sidewalk corridor. The south ten feet of the property vacated will be retained by the City to preserve the option for trail use and to accommodate the existing Reed Street to Chestnut Trail Resolution 21-075 Exhibit A Page 6 of 24 DSD Recommendation Reed Street Vacation Page 6 of 7 connector(Exhibit 1B, Area D). The land exchange benefits the public by securing the existing Chestnut Street trail corridor which currently meanders onto private property. 6. 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. The land exchange would allow Johnson to minimize impacts to environmentally sensitive areas(i.e., avoid development on steep slopes). 7. The portion of the street proposed for vacation does not abut a body of salt or fresh water, Because the proposed street vacation and associated land exchange conform with the goals and policies contained in the Comprehensive Plan and it satisfies the review criteria for street vacations set forth in Chapter 12.20.060 of the Port Townsend Municipal Code,the Development Services Department RECOMMENDS APPROVAL of the above referenced application,SUBJECT TO THE FOLLOWING CONDITIONS: 1. Council, under separate action,finds the Northwesterly 30 x 50 feet (Exhibit 113, Area A)of the proposed Reed Street vacation to be surplus to the City's needs and not suitable for affordable housing. 2. An Ordinance vacating a 30 x 60-foot portion of Reed Street (Exhibit 1B, Areas A and D)shall be presented for Council approval only after: a) Johnson has submitted for, and received the DSD Director's approval of, a Type II Lot Line Adjustment to formally merge the surplused portion of the vacated right-of-way into petitioner's adjoining lands; b) Johnson has prepared a LLA survey and statement of intent in a form suitable for recording. In conjunction with the survey and SOI,Johnson shall have a licensed surveyor prepare the legal descriptions of the properties to be exchanged; c) Johnson has executed and returned a Right-of-Way deed (or other instrument acceptable to the City Attorney)for the additional Chestnut Street right-of-way being conveyed to the City. The City Attorney has agreed to prepare the conveyance document; d) The non-motorized trail in Reed Street has been relocated out of the vacation area. Trail relocation will be accomplished through City efforts,which may include volunteer assistance. e) A written determination consistent with the provisions of PTMC 12.20.090& 12.20.100 is provided by City Public Works staff that documents the values of land being exchanged. Resolution 21-075 Exhibit A Page 7 of 24 DSD Recommendation Reed Street Vacation Page 7 of 7 2, The final vacation Ordinance,together with the fully executed Lot Line Adjustment Statement of Intent, and all other required filings shall be recorded concurrently with the County Auditor's Office. All fees and costs related to the preparation, review and recording of all documents associated with the vacation are the responsibility of the petitioner. List of Exhibits 1A.Application to Vacate Reed Street (LUP21-088) 1B. Site Plan proposed vacation of Reed Street (Area A) 2A.Application by Larry Johnson to Vacate portion of Adams Street (LUP20-068) 2B.Johnson Property Vicinity Map (Johnson property outlined in Green) 2C. Geologically Hazardous Areas—source:Arc Reader 3A. Area of Proposed Dedication (Area C-3,163 sq. ft.) 4A.Aerial Map 5A. Existing Trails 6A. Memorandum Written Determination for Land Exchange 6B. Property Value Map 6C. Property Value Table Resolution 21-075 Exhibit A Page 8 of 24 ityol or250 Madlf�treet,Suite 3 1 Port Townsend,WA 98368 111,71-379.509S I www.cityofpt.us T nn DEVELOPMENT SERVICES STREET VACATION APPLICATION Legal Description or Tax#), Parcel Number(s)of adjacent property: Office Use Onlv Permit LUP Addition: Mountain View Block(s): Associated Permits, Lot(s): 30 x 60 Portion of Reed Street lying west of Quincy Street and immediately �rrty ray. north of the City's Morgan Hill Reservoir. General description of the street and/or alley petitioned for vacation,and reasons for the request: The City has Initlated the vacation of a 30'x 60'portion of Reed Street(Exhibit 1,Area A)lying west of Quincy Street and immediately north of the City's Morgan HIII Reservoir In the Mountain View Addition and proposes a land exchange for a 7'x;444'strip of property owned by Larry Johnson along the west side of the Chestnut street trail that includes portions of the trail(Exhibit 1,Area C).The southerly 10'would be retained by the City to preserve the option for the Reed Street trail connection to Chestnut St.trail.An application Is being filed to facilitate records tracking. Current uses of all adjacent properties: Land is vacant. There are existing trails in Reed and Chestnut Street, Is this property on the edge of an existing plat? ❑No ®Yes If yes,what is the name of the plat?Mountain View Second Addition is the plat to the north abutting the Mountain View Plat. �.... Property Owner: Contact/Representative(if different): Name: City of Port Townsend Name: mStave k,Nri,g,�ltlic�No�kITDlret Address:.2§9 Mart" nor& Address: aQ � r Suite R. CitylSdZip:Prt Townsend. Vy 9M City/St/Zip: Po tJd VU8368 Phone: Phone: (3,60),L79-5090 Email:lsurber(Blcltvofot.us Email: „ inoA§9ityr plus. In addition to other conditions that may be imposed by the City Council„the applicant hereby acknowledges that d twenty-five(26)foot utility/access easement,running twelve and ogle-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, Print Name: "Signature. Date: I) Please be aware that,should the street vacation be granted, the applicant will need to pay the final appraised value of the property. CUEI ED See Page 2 for further required signatures, plan submittal requirements an COst. CITY OF Por� " al C Revised o, 10.22.20 ', iI 1" , k Resolution 21-075 Exhibit A Page 9 of 24 Washington State Law requires that a petition for vacation of any street or alley be signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated(RCW Chapter 35.79). The undersigned petitioners,each owners of real estate abutting the described area on Page 1, hereby join in support of this application and approve of the vacation of said area: —--. .�.._.W....... .. ....... NAME ADDRESS Submittal Requirements CHECKLIST ❑ Completed Street Vacation application form (Page 1 & 2), ❑ Street Vacation Fees: $729.08 (Includes$30.00 Signboard deposit). ❑ Property Appraisal Fee: $750.00(actual fee will be used, with money charged or refunded). Must be two separate checks, one for$729.08 and one for$750.00 0 A site plan, to scale, on 8-1/2"by 11"sheet of paper, showing: ❑ The street, alley, or portion thereof proposed to be vacated. ❑ The name, address, and Assessor's parcel number of each adjacent property owner, including the applicant, and the location of each respective property. ❑ The nearest constructed street to the area proposed for vacation. ❑ The locations of all utilities existing within the right-of-way proposed to be vacated. ❑ North Arrow. ❑ The location of any critical areas and/or buffers as described in PTMC 19.05, including all floodplains, lying within or adjacent to the proposed vacation. ❑ The location of any significant trees, as defined in PTMC 12.04.030. For more Street Vacation information, see Port Townsend Municipal Code Chapter 12.20, accessible on the website: hftp://www.cityofr)t.u- Page 2 of 2 :o 0 � o I�OLLtlOtlAIHHISNOSNHOf - u r N sz ��., Inui�nuLravua els ' o C .,, cry P7 vq. LJ p r r y" lol < ,� r ,.wv Xsl IN w � tl I �Y GAS B b Ns d n r p d;a u' „�.� 1 1,� �, A �;� o 7i f. vy F u0 1 ”*rymz, ,M1 a a ' I e f /41C� ✓�,.,,, 6 }.� CIO 6 .L ...... 0 1 e pl CIO ��"� �� w cx s y e i (n 0 , o col I� Cx. I Resolution 21-075 Exhibit A Page I I of 24 250 M. at,Suite 3 l Pork Townsend,WA 98369 `g.r,095 I www,cityofpt.us tltyolPort o , Townsen DEVELOPMENT ., ' SERVICES S"T"REET VAC � N PPLIC i,T ON _�. LC a— s�e f� Legal Description(or Tax#), Parcel Number(s)of adjacent property: Pa LCa V100 f (1 Vol 402 60 See attacned legal descrlplioll Block(s):,��,,,., — Associated Permits: Ad'ditiran: _, tl l& flp f t. 1A Lot(s): .� � � � Lit�t a"v for vac reasons for the requet: General description of the street anrtlor alley petitioned vacation,and Pir:�oro'igatirirr "dt+istc;trll irlriniir;ttiii�u int l-ts,iia�l t�triarrt,sa�arttri�rii l�iiii�an�rliol�irotlwrtE��i `�tr��id l�u��isii l0i relt0�r�t lsi r�iiillroreu�t ti l.'11rag tove arpa tail lh .outhel piiition ill(he adiarelt t l�rirvrnntir�waka���iaitnirey�arr�;udt i�w�,.lM �r��rtaf7e la:perly���,ItaiNit�liGrl�var�ad�Mr'ns1 q8+li n '.1GCo l N g o d itd ,elt.)lWu„ ki oaf pa r ��16 0/6,P1I E 1 �7�8 '03-119(J4� a�ttgi a tl lea QWfC,40,1 W";lei r l'rrot�t .i.ii:r o�g ii�eel Itr�s hQOn 0saih9,ad W01 the04ly In otie 0m[nore Jl ttnT�CaaNkritiuAiui � .., Current uses of all adjacent properties: . vacant undeveloped land let. 9 existin plat? ®No ❑Yes If so,what is atib wa ri �, 9 p the name of thep Is this property on the edge of an Dl �.'. Contact/Re pro _) p tative(if different: Property Owner: Name: Lawrence P Johnson1ame�_��� 540 Van Gwen St, Address. Address:, - ��----- ityl tlZ'ip: Port Townsend WA.98368 city/ tl, fp: Phone: 360.301.4142 Phone:,...- Email t ofriivsol�ruru atwa�o aori Email: In addition to other conditions that may be impaled'by the fatty Council,the applicant hereby acknowledges that a twenty-five(25)foot utltitylaccess easarnent,running twelve and one-hall(12%)feet on each side of the centerline of ilia street proposed far vacation,or along existing utilities,,may be retained by the pity 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 troy The applicant acknowledges that an'y action taken by the City of Port Townsend,'based in whole or in part on this applic-ation,may be reversed 4 it develops that any such statement or other information contained herein is false.The undersigned hereby saves and holds harmless the City of Part Townsend from any and all causes of action, cti n,ju�g of judgments, claims, aim saestrlctions„or ether residctions which may have been established by p y Print Name. Liiwri w cr P l t risen a croBTc+� _..-_ Date:, �.2r�2twt signature-. Please be awa that, should the street vacation be granted, the applicant will need to pay the final appraised value of the property. See Page 2 for further required signatures, pian submittal requirements and cost. FX 06.15 f Resolution 21-075 Exhibit A Page 12 of 24 Washington ,Mate Law requires that a petition for vacation of any street or alley be signed by the owners of more than two-thiMs of the property abutting upon the part of such street or alley sought to be vacated( CWW Chapter 35-79), The undersigned petitioners, each owners of reap estate abutting the described area on Page 1, hereby join in support of this application and approve of the vacation of said area: NAM ADDRESS N,�N Nti9rM Nelwm Submittal Requirements CHECKLIST ® Completed Street Vacation application form (Page 1 &2). ® Street Vacation Fees: $722.96 (Includes$30.00 Signboard deposit). V Property Appraisal Fee: $750.00 (actual fee will be used, with money charged or refunded). Must be two separate checks, one for$680.12 and one for$750.00 0 A site plan,to scale, on 8-1/2u by 11" sheet of paper, showing: ® The street, alley, or portion thereof proposed to be vacated. • The name, address, and Assessor's parcel number of each adjacent property owner, including the applicant, and the location of each respective property. FV-Y The nearest constructed street to the area proposed for vacation. V The locations of all utilities existing within the right-of-way proposed to be vacated. W North Arrow. © The location of any critical areas and/or buffers as described in PTMC 19.05, including all floodplains, lying within or adjacent to the proposed vacation. V The location of any significant trees, as defined in PTMC 12.04.030.. For more Street Vacation information, see Port Townsend Municipal Code Chapter 12.20, accessible on the website: http://Www.cityofpt.usi Resolution 21-075 Exhibit A Page 13 of 24 P C 5937" PGS : 5 C 00/;5 t20ib 02�M PN s76, go I.AWRENC:C ' ,tryP&h qti Cz'xrsapl., Prudi,4^;i.. WI NFAVOIKII11V 6 XV 41r,4'Mi 4W RHI WHEN RECORDED RETURN TO: Name: STEPHEN W.GILLARD Address: P.O.BOX 1007. City,State,Zip: PORT TOWNSEND,WA 98368 p 4 � QUIT CLAIM DEED HALEY,Martina C. e JOHNSON,Lawrence P. _ uvA11,/a Sa ratlAoaaa Abbreviated: MOUNTAIN Vl1,�W(2N1) A1)1i)l'J-iON BLK 25 LOTS 1, 2(ALL),3 (F-'LY 10')W/N'LY a11"V1' 1tl I:J ST&PTN VAC ADAMS ST ADJ IAT "strad MC,1t)N I AIN VIEW 2ND ADDITION BLK 25 LOTS 3 (LS l.F'l, "(11');,4(ALL)W/N'LY 50'VAC REED ST ADJ situate in Jefferson t uilnly,x"t;att"of Washington Property Tax Parcel/Account#:974 402 50119,7,140TM�2'' THE GRANTOR, °A,;RION,� Ca HAITI^^,Y, pursuant to pra pcity Settlement Agreement dated May 18, 2015 � r^e1),K°,CONVEYS AND QUITCLAIMS to THE GRANTEE, LANVRI"NC I�:I` J'(,III SE.)�� j of her interest in the following described real property,situated in Je!lers t`)�( 60tY^SWt'e'°hf Washington,to wit Lots 1,2,3, at4d .i�r 13125w Pw`l'otam:ttti:'1 View Second Addition to the City of Port Townsfflad 4cawdKfi11g tp,the Plat thereof recorded in Volume 2 of Plats,page 4; together wtth tl�aat,Etatttrart of vacated Adams Street that would attach to said Lot 2 upon Vfli nitr)tt Iry,e4)rAtion of law; also together with that portion of the Northerly ta,at at vaaattted Reed Street,as dedicated in the Plat of Mountain View Atld titala to C c City of Port Townsend,which abuts said Lots 2,3,and 4. JeffersonCounty,State of Washington Situat�lta m le day of 20 MARTINA C",1LA1." ,t,rrr t° Resolution 21-075 Exhibit A Page 14 of 24 69376, -1 )e 2 of 5 0812712015 2:28 PM u• STATE OF WASHINGTON ) COUNTY OF JEFFERSON )ss. On the date below,before me,the undersigned,a Notary Public in a;ql ror tlac N`wliie of Washington,duly commissioned and sworn,personally appeared MART, �w-� SAI-��`� to me known to be the individual who executed the within and (megolii 'itas�r° �merwtj°and acknowledged the said instrument to be her free and voluntary act iItilI0 (,I ed t"n ti:l a uses and purposes therein mentioned, X, GIVEN under my hand and official seal this ... da}'i y ��wt'��nai�rttr�/, w theStateof ro/"���i, N��t�a`yA 1 w�ai 1���, t�a �,B'tor ` y�, '91ty all 's residing at: SEP .16.2017 7. rsrini% �'"� r 4 I Resolution 21-075 Exhibit A Page 15 of 24 r Suzanne Wassmer From: Brandon Burmeister<brandon@richardhinerarchitects.com> Sent: Thursday,June 3,20216:19 PM To: Brandon Maxwell;Suzanne Wassmer Cc: Richard Hiner;Jan Hopfenbeck Subject: RE:20210416JohnsonSVarea.pdf Attachments: 202106031ohnsonSVareaoptions.pdf N OM101NOW, 10, Hi Brandon and Suzanne,hope you both had a great holiday weekend. My apologies for our team not all being on the same page;I was under the impression we were all looking at the latest Iteration. At any rate,our Client's goals remain: • to acquire the 1,500sf of Reed St.In distancing the future residence from the ESA steep slope • to pull back the property lines of both parcels as much as possible in removing potential liability should someone become injured on the pedestrian trail(Chestnut St) • Continue forward progress(if the above goals can be met with option'A'as discussed 1n the PreApp and option 'B'requires another PreApp,then please dismiss option'B') Whether these best be accomplished via option'A'(Reed St&Chestnut St,as discussed during the PreApp)or'B'(Reed, Adams,&Chestnut)of the attached is where we would heed any advice or recommendation from you(City). Both are acceptable to Larry and I certainly didn't Intend to confuse matters by Introducing option V. If any potential swap needs to be a 1:1 exchange of area(?)or value(?),perhaps option'B'or some variation thereof is the only means to pull the property line sufficiently away from the existing trail,such that no portion of the trail remains on Larry's revised property delineation. Thank you all very much for your time and consideration! Please let me know if there's anything more we can do, Brandon Brandon D. Burmeister I RA.NCARB,LEED AP,CPHC Nrtlrr�ufour�R�idrrc°Yr�wr�obp'siwua r�uruedbrp�.re"ts u,�,�raro CO Vp.1e viorking,trrirrr rrerne .m I-Spun PSI" u utas; ;('90617112408 colt Richard Hiner;- 5337 iner- r5337 Ballard Ave NW Seattle,WA 98107 206-783-8222 360-302-0097 o,conte:rrq Within this etectr0110o oornmunication(s)and attachment(s)is the property of Richard Hiner Architects,PLLC and is intended for the recipients omyr;not for disidburlion lo-or use by�any other parties "Please consider the errtrrrorsrnent&procious resources used before printing From:Brandon Maxwell<BMaxwell@cityofpt.us> Sent:Friday,May 28,20211:42 PM To:Suzanne Wassmer<swassmer@cityofpt.us>;Brandon Burmeister<brandon@richardhinerarchitects.com> > N ;a O L b m � tl O 4 i N if/i rii i % / � � � ��^ co 0 Oi/ p •�"' (� \�^�" ,�°" vol��/�� ,� �JJ rw �f �/ �j'�� qo R,VO)ljCj(JV �" aossmnvte It"A»rI sw uraakmarq�rear Jol V,? co Ir �. Z C*0 M he Vyr! si, O car . d wrZ Resolution 21-075 Exhibit A Page 17 of 24 Exhibit 2C.Geologically Hazardous Areas—source:ArcReader �� pi i� ✓vfi �J � 'ion u mm r 4 �1 G � M�° �I jr,",F Bfll s/ 1`'fel � a N �D w � v ADI1tl�tl�133H1SPI05NNOf wi. v I HVI i-1I NCilU�L33xIS pup` e^4^p' tl�w"d"„dl �bWMN f � Y " '4 W rsMf ft,r: 60 " ft if rIP I si y k / I i L W8) 131 � G � w —1I43 53doHd 5-11—SIX] rw rro °� Iia " V1 rGp ..,«.. ��Y GI m Y f rqy . CXY C SIP pY•G3 � � � �µ Y'S iQl r Q'e"0� cz d�b + n my czAl I i a'a' v J a C «~z n FI M pc ail 'Rli S o O E Cv. 11 o N O O I ' CA. a r°. Resolution 21-075 Exhibit A Page 19 of 24 'si li it yiIIV I�,� I i r I I I r � rliyYy a w, ' uuu +Ii i I i Proposed Reed Street Vacation u, I y l-y ll-A Resolution 21-075 Exhibit A Page 20 of 24 EXHIBIT 5A-EXISTING TRAILS w Resolution 21-075 Exhibit A Page 21 of 24 Ates port ,. 250 Madison Street,Suite 2R( Port Townsend,WA 98368 1360.379.5096 1 www.cltyofpt.us 11 Townsend PUBLIC WORKS MEMORANDUM DATE: July 28,2021 TO: Port Townsend City Council FROM: David Peterson,City Engineer/Deputy Public Works Director Nora Mitchell,Finance Director RE: City File No:LUP20-068,Larry Johnson Written Determination as required by PTMC 12.20.090 This Written Determination is provided consistent with PTMC 12.20 for the above referenced Street Vacation request,which received conditional approval by Council on September 4,2018. t o ,ro Incl Where a Street Vacation seeks to exchange land in lieu of payment for a right-of-way being vacated,city code authorizes"qual f ed public works personnel"to reach conclusions on the equity of the exchange without a formal property appraisal.' Code defines qualified personnel as: "ernplpyee(s)or contractors p)"'the public works department who have work experience as professional appraisers or adequate experience in real estate transactions in the local real estate market to enable the public works employee(s)to make a reliable, independent and well-informed determination of comparable market values of real properly." Code goes on to specify tlac City'I l`ivance Director is to provide a written approval of the work completed by the qualified public works staff.2 The purpose of this Memorandum is to: Document the experience of Public Works personnel to determine land values associated with the proposed exchange; Describe the lands proposed for exchange and their relative values;and, Document the Finance Director's concurrence with that determination. gtggablio"V�crrtcs E'cracaa�ner Davidleterson haMet in localreal estate market transactions to e spceified criterionwort s personrrel."" David Peterson was lved with fixe significuisitions completed by the City(under act with a licensed appraiier Street arterial project in 2016, He was similarly involved in the recent(2018)fee-simple acquisition of raw land by the City for a Regional Stormwater Facility. 1 PTMC 12.20.090B 2 PTMC 12.20.1008 Resolution 21-075 Exhibit A Page 22 of 24 COO[Port Towns ' Page 2 of 2 huit la-VM[�g o1 Lands 6�G�a��c� eci Char 1.�claan�e For purposes of this determination,the"vacation area"is the portions of Adams Street and Reed Street that would be released by the City while"dedication area"means the new right-of-way being established. The subject areas proposed for exchange are shown on the attached Exhibit A. The dedication area along Chestnut Street spans both pieces of property owned by Mr.Johnson,the area for Parcel#974-402-502 is 1,823 SF,and the area for Parcel#974-402-501 is 1,340 SF,for a total of 3,163 SF. The vacation area at Reed Street is 1,500 SF,and the vacation area at Adams Street is 1,635 SF,for a total of 3,135 SF. The dedication along Chestnut Street currently contains a heavily used non-motorized trail that meanders in and out of Mr.Johnsons property,dedicating this area as right-of-way would mean the public trail would no longer cross onto private property. The vacation area at the West end of Reed Street currently contains a dead-end road that serves no adjacent properties,there is no public interest in keeping this portion of right-of- way. The vacation area at Adams Street is at the intersection of N and Adams at the top of a very steep hill,this right-of way does not currently nor could it ever be used to serve utilities or access to any adjacent properties,there is no public interest in keeping this portion of right-of- way. Property values were analyzed based on the taxable value of the land from the Jefferson County Assessor data. There was a slight difference in price per square foot between the two different parcels,parcel 974-402-502 is$5.50/SF and parcel 974-402-501 is$5.57/SF. The value of the dedication area was calculated based on the price per square foot of the private property it was adjacent to,so the dedication area is a mixture of the price per square foot of both parcels based on how many square feet is being dedicated. The vacation areas are both adjacent to parcel 974- 402-501 so they were calculated using$5.57/SF. Using this method of calculation,the value of the vacation area and the dedication area are essentially equal in value. Finance Director's Concurrence The Finance Director has reviewed the experience of the referenced Public Works personnel for determining comparable market values. Based on those experiences,together with the small- scale nature of the exchange and the proximity of the subject lands to one another,the Finance Director concurs with the conclusion that the exchanged lands are of equal value. N ^4 O M N n .0 m �y�Pjr Vii. 1y�� 'c s ca I 4� °I d C �y lu C6 I `� /FN Y �4 N -0 p w N N n O O 4, ti N O O h N ILII II i �' ; o p y U. y 7 li 7 in A 7 W A G Q J W C pJ m N al u ry �p d C Q 7 X N p L 7 X L O a` uhf h a G1 M d LA � i '