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HomeMy WebLinkAbout3171 Declaring and Establishing Property Along Discovery Road as Right of Way Ordinance 3171 Page 1 of 2 Ordinance No. 3171 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, DECLARING AND ESTABLISHING PROPERTY ALONG DISCOVERY ROAD AS RIGHT OF WAY WHEREAS, as consideration for the vacation of portions of the 18th Street and Hendricks Street rights of way (Street Vacation Application No. 9411-03) approved in Ordinance No. 2467 (June 8, 1995), the City of Port Townsend received a deed from the Port Townsend School District No. 50 conveying a strip of property along the southeast boundary of Discovery Road between McClellan Street and Grant Street; and, WHEREAS,while the legislative file indicates that the purpose of the transfer was to expand the Discovery Road right of way to include 40 feet southeast of the centerline of the road, the deed is silent as to the purpose of the conveyance; and, WHEREAS, as part of the proposed construction of the new Salish Sea Elementary school on the District's property, the District will be required to construct frontage improvements on the property that will be used for right of way and utility purposes; and, WHEREAS, Council finds that the strip of property logically appears to be part of the Discovery Road right-of-way and serves no other reasonable municipal purposes, and concludes that the strip of property was likely intended to be conveyed to the City as right of way; and, WHEREAS, declaring the strip of property as right of way serves the public interest by allowing for its use by the District to construct required right-of-way and utility improvements. NOW, THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Right of Way Designated. The City Council declares and designates the real property described in Exhibit A as a public right of way. S ctioti 2. Severability. If any provision 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. Section 3. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 4. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Ordinance 3171 Page 2 of 2 ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 17th day of April, 2017. .......... Deborah S. S dnson Mayor Attest: Approved as to form: a , CMC Steven L. Gross City Clerk City Attorney � N O N K bO w � M N U 'IS vivo n 1 - - IS S�rAu UOH . w � w m to a m mr - wr V) 'IS UOWJOLISLwwm4S in Is '1S 1drOugH a l b Ordinance 3171 Exhibit A Page 1 of 2 EXHIBIT A Lots 1 through 8, Block 117; Lots 5 through 8, Block 134; Lots 1 through 8, Block 144, TOGETHER WITH those portions of vacated Sherman and Hancock Streets, as vacated by Ordinance No. 1326 of the City of Port Townsend, recorded September 24, 1956 under Auditor's File No. 151317, records of Jefferson County, Washington; and Lots 3, 4 and 5, Block 157, TOGETHER WITH those portions of vacated Hancock and 17th Streets as vacated in Ordinance No. 1326, as noted hereinabove, all in the Supplemental Plat of the Eisenbeis Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 24, records of Jefferson County, Washington. EXCEPTING THEREFROM those portions of the above described property lying Southeasterly of a line that is parallel to and 40 feet Southeasterly of the centerline of the existing paved surface of Discovery Road, as shown on the face of the revised plat of said Eisenbeis Addition, said line beginning at the West margin of the right-of-way of Grant Street and ending at the East margin of the right-of-way for McClellan Street, both as dedicated in the plat of Eisenbeis Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 24, records of Jefferson County, Washington. All situated in the County of Jefferson, State of Washington.