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HomeMy WebLinkAbout2997 Amending Ordinance 1225 Vacating a Portion of 5th StreetOrdinance No. 2997 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING ORDINANCE 1225 PASSED JANUARY 20, 1948 TO VACATE FIFTH STREET BETWEEN CLEVELAND AND WILSON STREETS RECITALS: Ordinance 1225 (January 20, 1948) vacated a number of rights of way in the vicinity of Fifth Street between Cleveland and Wilson, including, a portion of Fifth lying between State Highway No. 9 (Sims Way) and the east side of Wilson Street. 2. Adjacent owners to Fifth Street between Cleveland and Wilson are Gerald Hunt and Mabel Campbell. Hunt and Campbell assert that Fifth Street between Cleveland and Wilson has been vacated by Ordinance 1225 or other ordinance of the City. Hunt and Campbell cite to various factors that support their contention that Fifth Street between Cleveland and Wilson has been vacated, including: • Various permits have been issued years ago for removal of a gazage and construction of a new garage, now located in the right of way of Fifth Street between Cleveland and Wilson. • City maps showing Fifth Street between Cleveland and Wilson as vacated in 1948. • Assessor's records show Fifth Street between Cleveland and Wilson as vacated. 3. Ordinance 1225 does not clearly vacate Fifth Street between Cleveland and Wilson. There are no other City records that show that Fifth Street between Cleveland and Wilson was vacated. Based on review of records, including Ordinance 1225, the City has revised its maps to no longer show Fifth Street between Cleveland and Wilson as vacated. The City disagrees that Fifth Street between Cleveland and Wilson has been vacated. 4. Hunt and Campbell have proposed to resolve the disagreement between the City and Hunt and Campbell by paying the City one-half of the appraised value of the right of way, in the amount of $24,400 ($2/SF for area vacated), plus costs, and further that Fifth Street between Cleveland and Wilson would be vacated with and subject to the following conditions: • An easement in favor of the City for existing public utilities in form acceptable to the City Attorney • The south one-half of Fifth Street between Cleveland and Wilson is vacated to the properties to the south, and does not result in an increase in density. This shall be documented in a form acceptable to the City Attorney. Page 1 Ordinance 2997 The City Council determines that amending Ordinance 1225 as set forth in this Ordinance represents a reasonable resolution to the disagreement between the City and Hunt and Campbell. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Ordinance 1225 is amended by this Ordinance so that Fifth Street between Cleveland and Wilson is vacated, subject to the terms of this Ordinance a, The terms set forth in Recital 4 above are met, in form acceptable the City Attorney. b. 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. c. Upon recording of this Ordinance by the City with the County Auditor, Fifth Street between Cleveland and Wilson is vacated, subject to An easement in favor of the City for existing public utilities in form acceptable to the City Attorney The south one-half of Fifth Street between Cleveland and Wilson is vacated to the properties to the south, and does not result in an increase in density. This shall be documented in a form acceptable to the City Attorney. All monies shall be paid and documents signed by December 31, 2008. Except as modified by this Ordinance, Ordinance 1225 is not otherwise affected. SECTION 2. Severability. If any prevision 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. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this first day of December, 2008. (~1 ~~CC~EF-.. ~~~~~-rat/~~ Michelle Sandoval, Mayor Attest: Pamela Kolacy, MMC, City Cle Approved as to Form: John P. Watts, City Attorney Page 2 Ordinance 2997