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Home My WebLink About97-119Resolution No. 97- / ! ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND EXTENDING THE DEADLINE FOR SALE OF SURPLUS PROPERTY APPROVED BY RESOLUTION 96-38 The City Council of the City of Port Townsend, Washington, resolves as follows: WHEREAS, the City owns fee title and right-of-way easement rights to the following described real property (hereafter referred to as "the property"): Reed Street from Adam Street to Taylor Street. The subject street is located to the south of Block 25 of the Mountain View Second Addition, and to the North of Block 12 of the Mountain View Addition to the City of Port Townsend; and WHEREAS, the adjacent property owner, Mr. Mark Saran, had previously petitioned the City for an ordinance vacating the street right-of-way, but later discovered that the City owned fee title to the street, in that the street was wholly contained within an abutting plat, and that the City owned the abutting property (thereby also owning the fee title to the street); and WHEREAS, on March 4, 1996, the City Council held a public hearing in accordance with state law to accept testimony regarding whether the City should sell the property described above as surplus to the City's needs; and WHEREAS, at conclusion of the public hearing, the Council deliberated and determined the property to be surplus to the City's needs and approved and authorized a sale of the property based upon an agreed appraised value; and WHEREAS, on March 4, 1996 the City Council approved and adopted Ordinance 2513, vacating the street right of way encumbering the property; and WHEREAS, the City Council's approval of the sale of property was documented by Resolution 96-38, which provided the following: and · . . 5. If the sale of the property described herein does not close within six (6) months from the date of this Resolution, this Resolution shall be null and void and the Council's authorization shall be rescinded .... ; WHEREAS, Mr. Saran has not completed site design work and plans to seek necessary building and development permits for his property. He plans to seek permits in the coming months; and WltEREAS, Mr. Saran has requested the City Council to reaffirm its decision that the property is surplus to the City's needs, and again authorize sale of the property in accordance with the findings made in Resolution 96-38 (and maps, incorporated herein as Exhibit A), NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows: 1. The City Council hereby reaffirms its findings and decision in Resolution 96-38, that the property is surplus to the City's needs, and eligible for sale to Mr. Mark Saran in accordance with the appraised value. 2. The Mayor is authorized to sign any necessary documents and deeds to sell the property to Mark Saran, at fair market value, as determined by an appraisal prepared by competent appraiser. 3. Proceeds from the sale shall be deposited in the street fund to be reserved for future acquisition of street right-of-way. 4. The sale of the property described herein and described in Resolution 96-38 shall occur within six (6) months from the date of this Resolution. If the sale does not close within six (6) months from the date of this Resolution, this Resolution shall be null and void and the Council's authorization shall be rescinded. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 17th day of November, 1997. Attest: P'-~m K01acy, city Clerk Julie~Culloch, Mayor T~ahag, City Attorney 11/12/97 [95-004] CA§Res{Saran2.res} 2 Res. 97- / / 9 Resolution No. 96-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DECLARING PUBLIC PROPERTY (REAL ESTATE) TO BE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR TO SELL THE PROPERTY AT APPRAISED VALUE The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, the City owns fee title and right-of-way easement rights to the following described real property: Reed Street from Adam Street to Taylor Street. The subject street is located to the south of Block 25 of the Mountain View Second Addition, and to the North of Block 12 of the Mountain View Addition to the City of Port Townsend; and WHEREAS, the adjacent property owner, Mr. Mark Saran, had previously petitioned the City for an ordinance vacating the street right-of-way, but later discovered that the City owned fee title to the street, in that the street was wholly contained within an abutting plat, and that the City owned the abutting property (thereby also owning the fee title to the street); and WHEREAS, RCW 35.94.040 requires that publicly owned real property may be sold as surplus to the City's needs only after the City Council conducts a public hearing; and WHEREAS, after duly publishing a Notice of Public Hearing, the Port Townsend City Council conducted a public hearing at its regularly scheduled March 4, 1996 Council meeting; and WHEREAS, the City Council hereby determines that the real property is surplus to the City's needs, and directs that fair market value be established for the sale, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend as follows: 1. Fifty (50) feet of the Reed Street right-of-way, described above, abutting the Saran property, is surplus to the City's needs. The City shall retain the ten (10) feet of the right-of-way abutting City property. Said ten (10) feet is not surplus to the City's needs; 2. The Mayor is authorized to sign any necessary documents and deeds to sell the property to Mark Saran, at fair market value, as determined by an appraisal prepared by a competent appraiser; 3. The Council authorizes the Public Works Department to cooperate in the preparation of a boundary line adjustment application to facilitate and enable the sale of the property; Res. No. 96-38 EXHIBIT A ct 7-)t9 4. Proceeds from the sale shall be duly deposited in the street fund to be reserved for future acquisition of street right-of-way. 5. If the sale of the property described herein does not close within six (6) months from the date of this Resolution, this Resolution shall be null and void and the Council's authorization shall be rescinded. ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 4th day of March, 1996. Attest: Julie ~Culloch, Mayor Approved as to Form: Michael Hildt, Acting City Clerk Timothy L. McMahan, City Attorney 02/28/96 CA§R~\Saranl.do¢} [95-004/007] Res. No. 96-38 EXHIBIT A IN ( ESL gcK £5 c)F MOUNTAIN VIEW £nd ADDITION IN ~SEC?ION 2, TOI/VNSHIP 30 IVOFtTI-t. P, ANCE WESTerLY UNE OF ~VT~JN Vl~'Tff 2nd A~. I i/EST LINE STREET IN PEI'I~ROVE5 lsf ADOf~ON. ,JEFFEf~5ON COUNTY. 013L~(32 - SARAN--0 7279.'5 F!NAL CHECK: PLAT CHECK: {~RA~ BY: VA8 SER#: WASHINGTON POR f TOWNSEND W£ST. W.M. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESEN~ A SURVEY MADE 8Y ME OR UNDER MY SuPERW~91ON, IN CONFORMANCE Wli?l ~7-tE SURVEY RECORDING AC~, AT I'HE RE~UESI' OF MARk,' SARAN. \ \ LEGEND SCALE IN FEET DATUM: ASSUMED CONTOURS: 2 ~ INTERVALS \ \ · DENOTES SET 5/8' R£BAR WITH PLASTIC SURVEYCAPSTAMPED "CLARK1222~~' FV1TH WOOD GUARD POST. DENOTES EXISTING ~OUNDARY DENOTESPROPOSED BOUNDARY AFTE~ STREET VACAUON. ~ DENOTESPOR~ON OF REED STREET TO BE VACArED. [~ DENO~I~S UTITILY EASEMENT. ~or~5.. t.THIS SURVEY WAS PERFORI~ED BY FIELD TRAVERSE METHODS. USING A TOFCON 5 SECOND ELECTRONIC TOTAL STATION AND A STEEL TAPE 2. THIS SURVEY IS BASED ON THE MONUMENTATION ~VD PLAI' ADJESTMENT PROCEDURES SHOWN ON THE CtPf OF PORT FOWNSEND MONUMENTATION PLAN 8Y E.E. ANDERSON, KENNETH A. CLARK LICENSE NUMBER 1222J 3. FOR LEG. Al, DESCRIPTION OF THE SURVEYED PARCEL. SEE INSTRUMENt RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NUMBER 232503. 4. LOT~; J AND 4 ~0 BE COMBINED TO MAKE ONE BUILDING SITE. AUDITOR'S CERTIFIC~A,T£ FILED FOR RECORD THIS DAY OF 1995, AT, . . 14.. IN VOLUME . OF SURVEYS, PAGE RECORDS OF JEFFERSON COUNTY. WASHINGTON. Ar THE REOUEST OF KENNetH A. CL4RK JEFFER~N COUN~ ~PUfY AUOIFOR DARE; IN ~/_,~c,k :._, ~'~/-- MOUNTAIN VIeW 200 IN 5ECE/c~N 2, TOWNSHIP .50 NORTH. ,.IEFFEREON COUNFY. WAEHINOTON WESTERLY UNE OF' MOUNTAIN ~IEW 2nd AODITION. F~EET LINE 0~' CHESTNUT 5TREEr lN ~ lst ADDITION. TO WNSEND l/V: M. SCALE ~N FEET DATU/~: ASSUt~ED CONTOURS: 2 F~. INTERVALS F*N4L CHECK PLAT CHECK: SURVEYOR'S CERTIFICATE rills MAP CORRECILY RE~£S£NI~ A SURV~ ~E 8Y ~ OR UNDER UY SUP~IS~. IN CONFO~E m~ ~E ~ RECOR~ ~ Ar ~E REOUESr OK ~K ~R~N. KENNETH ~- CI_A~K DENOTES SET 'CLARK DENOTEX EX/STING DENO ~or~.. SURVEY CAP STAMPED STREET VACAITON. TO 8f~ VACAI~D. TRAVERSE METHOOS. TOTAl. STATION ANO PL.4r THE CITY OF PORT ANDERSON. PARCEL. SEE COUNIW AUDIrOR~ MAKE ONE BUILDING E/Tr. FILED FOR R~'CORD IHIS ~4Y OK 1995. AT . ~1.. IN VOLUME . OF SURVEYS. P~ . RECORDE ~ JEFF~EON CO~h5 WASHINCrON. 4r r~ RE, ESr OF KENN~ A. C~. JEFFER~ COUN~ ~O~ .4u~ro~