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