Loading...
HomeMy WebLinkAbout2012 Vacating a Portion of Gaines Street ORDINANCE NO. ~ AN ORDINANCE VACATING GAINES STREET BETWEEN WASHINGTON AND JEFFERSON STREETS THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN~AS FOLLOWS' Section 1. That portion of Gaines Street lying between Washington Street and Jefferson Street within the City of Port Townsend be and the same is hereby vacated. Section 2. That the City reserves and retains in the vacated street, for itself, the public and its successors and assigns, an easement and the right to exercise and grant easements over, above, under and upon said vacated street, consisting of twelve (12) feet running six (6) feet on either side from the centerline of said vacated street, for the construction, repair, maintenance, use and operation of any and all public util~tie~.ar~dservices; and a similar easement therein~ is retained over said portion of the vacated street for pedestrian, bicycle, and equestrian purposes. Section 3, That this ordinance shall not be published or take effect until the owners of property abutting upon the street herein vacated pay to the City of Port Townsend one-half of the appraised value of the area so vacated, which payment shall be evidenced by a written receipt of the City Treasurer. Section 4. That this ordinance shall take effect otherwise upon its passage, approval and publication in the form and manner provided by law. Read for the first,second and third times, passed by the City Council and approved by the Mayor of the City on May ...... ,1985. DAVE G KEITH C. ~tARPER, City Attorney MAYOR BRENT SHIRL~ DIRECTIVE AS TO COVENANTS WHEREAS, Services Activities Corporation filed with the City of Port Townsend Street Vacation Application No. 185-02 seeking to vacate that portion of Gaines Street lying between Washington and Jefferson Streets within the City of Port Townsend, and WHEREAS, following consideration by the Planning Commission and the City Council, the City Council voted by motion on May 7, 1985, to approve said street vacation subject to certain condi- tions, and WHEREAS, the City Council has with this directive _-approved Ordinance No. ~/~ providing for the vacation of said street and wish to provide for fulfillment of said conditions prior to the effective date of said ordinance, now therefore 1. Ordinance No. ~;~ Shall not become effective and shall not be published until the applicant and adjoining land owners abutting the vacated street present to the City for its approval and for recording with the Jefferson County Auditor restrictive covenants providing that direct access within the area proposed for vacation along Sims Way/State Route 20 be limited to no more than one (1) joint use access point. 2. Subject to the same conditions, the applicant shall also have all existing utilities located and identified with properly drawn easements of sufficient width as would allow for the proper maintenance and replacement and operation of those utilities, and shall also present to the City for its approval a pedestrian trail corridor easement over and across the subject area, taking into consideration the possibility of future grade revision in the vicinity of the street vacated and providing for continuous pedestrian access across the site. Passed and approved by the City Council for the City of Port Townsend and signed by the Mayor this 2;~rday_of May, 1985. Dave Grove, City Clerk Appro~ asI t~ ~m: