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HomeMy WebLinkAbout3006 Vacating 2nd Street, 3rd Street and Spring Street in Evergreen's Addition - Scout Cabin Assoc. & American LegionRETURN ADDRESS John Watts, City Attorney (__;,'i~ of Pnrt Tnwncenrt 250 Madison Street, Suite 2 Port Townsend, WA 98368 Pfease print neatly or type information DOCUMENT TITLE Ordinance 3006 54563? Jefferson County qud CITY OF PORT 70WNSEN Page f of 7 08/07/2009 04:30P ORD 68.00 REFERENCE NUMBERS (S) OF RELATED DOCUMENTS GRANTOR (S) (last, First and Middle Initial) City of Port Townsend Additional Reference #'s on page Additional grantor on page GRANTEE (S) (Last, First and Middle Initial) American Legion Post No. 26 Additional grantee on page _ LEGAL DESCRIPTION (Abbreviated form: i.e. iot,block,plat or section,township,range,quarter/quarter) 2nd, 3rd and Spring Streets in Evergreen Addition, Jefferson County, Washington Additional legal on page ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER 950 700 802, 950 700 101, 001 093 008 Additional parcel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. i 545637 Page: 2 of 7 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN ORD 68.00 ORDINANCE N0.3006 AN ORDINANCE VACATING THE FOLLOWING STREETS LYING BETWEEN SIMS WAY AND DISCOVERY ROAD - 2"d STREET, 3RD STREET, AND SPRING STREET, SUBJECT TO AN EXCHANGE OF PROPERTIES AND OTHER BENEFITS RECITALS: A. The City Council initiated a street vacation process for 2"d, 3rd and Spring Streets lying between Sims Way and Discovery Road by Resolution 08-046 (December 1, 2008), and held a hearing on February 2, 2009. The vacation process was initiated at the request of the Fred Lewis Scout Cabin Association ("Scouts") and the American Legion (Marvin Shields Post 26)("Legion"). B. The Scouts and Legion proposed a street vacation of 2"d, 3rd and Spring Streets lying between Sims Way and Discovery Road, and adjacent to property owned by the Scouts (with reversionary interest held by the Legion), subject to an exchange of benefits. Following discussions with the Scouts and Legion, the exchange of benefits would consist of a 20' easement along Discovery for nonmotorized uses and underground utilities, a 20' conservation easement along Sims Way, and the Scouts and Legion would provide access across their property to a city waterline in the Spring Street right of way and extending north to Discovery. The street vacation would be subject to reservation of an easement for the city waterline in vacated Spring Street right of way. C. The City Council Special Projects Committee met with representatives of the Scouts and Legion on February 5, 2009, and the Committee recommends the street vacation with the exchange of benefits set forth in this ordinance. D. The Scouts and Legion support the street vacation. The street vacation consolidates their property free of rights of way, and allows the Scouts to move forward with the location of a Scout Cabin in the vicinity of vacated 3rd Street. E. The proposed street vacation is not inconsistent with any adopted policies of the City. The vacated rights of way are not needed for current or anticipated transportation, utility, emergency purposes, and the vacation does not affect any sensitive areas. F. Acquiring an easement along Discovery is a significant benefit to the City because it allows more design options for improvements to serve future motorized and nonmotorized needs along this corridor. The current 60' Discovery right of way is not adequate to accommodate a potential design of three lanes (two lanes plus a center lane), sidewalks or pathways, bike lanes, and some separation between the sidewalk and the street. Page 1 of 3 Ordinance 3006 54563? Page: 3 of 7 08!07!2009 04:30P Jefferson County Rud CITY OF PORT TOWNSEN ORD 68.00 G. Acquiring an easement along Discovery now as part of an exchange avoids the expense, delays, and uncertainties to the City of acquiring such rights in the future. Potential future acquisition costs to obtain an easement along Discovery could be in the range of thousands of dollars in transaction costs, in addition to the actual cost of the property acquisition. Avoiding these costs, delays, and uncertainties is a significant benefit to the City. H. The conservation easement along Sims is a significant benefit to the City because it partially implements the Sims Way "forest corridor" called for in the Gateway Plan (which Plan was incorporated into the Comprehensive Plan). I. The access across the property to the waterline is a benefit to the City. J. Expanding the scope of the waterline easement north of Spring Street to a full 25' is a benefit to the City. K. On the other hand, the value of the vacated right of way to the City has a limited benefit to the City. It is unlikely to ever be needed for motorized transportation purposes. Nonmotorized transportation needs can be accommodated on City property to the west or on private property to the east when that property develops. Other right of way uses for the vacated streets (for example, stormwater) are also a lower priority and can likely be met in the expanded easement along Discovery Road or in the adjacent City-owned property to the west. L. The Public Works Director determines that the benefits to the City from the exchange of benefits are equal to or greater than the value of the right of way being vacated. Based on this determination, and for the reasons set forth in this ordinance, the City Council waives requirement for an appraisal. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. STREET VACATION. The following streets: 2nd, 3`d and Spring Streets, in Evergreen's Addition to Port Townsend, Vol. 2 of Plats, page 76, Records of Jefferson County, Washington, and lying between Sims Way and Discovery Road, are vacated subject to the following: a. In form acceptable the City Attorney, Scouts and Legion have executed instruments that provide for • A 20' public easement along Discovery Road for nonmotorized uses and utilities consistent with Exhibit A • A 20' conservation easement along Sims consistent with Exhibit B • Right of access over the Scouts to serve City waterline • 25' waterline easement from Sims to Discovery along the existing waterline Page 2 of 3 Ordinance 3006 _ 545637 Page: 4 of 7 08/07/2009 04:3@P Jefferson County Rud CITY OF PORT TOWNSEN ORD 68.00 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, and the street vacation becomes final. SECTION 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. 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 17th day of February 2009. Attest: ,~ ~0 Pamela Kolacy, MMC City Clerk Michelle Sandoval, Mayor Approved as to Form: John P. Watts City Attorney Page 3 of 3 Ordinance 3006 545637 Page: 5 of 7 08107!2009 04:30P Jefferson County pud CITY OF PORT TDWNSEN ORD 68.00 EXHIBIT A -DISCOVERY WAY EASEMENT Within the 20' easement along Discovery: 1. City: • City may use the easement for any non-motorized use (trail, sidewalk, bike path/lane, or any combination of paths/ lanes/ trails/ sidewalks) • City may use the easement for any City under-ground utilities (and may use for stormwater ditches/swales). City may not use the easement for any motorized purposes. For example, City cannot locate street improvements in the easement. (This does not preclude apron improvements in the easement for Scout d/w.) Easement may be used for street landscaping (for example, landscaping strip); street or non-motorized signage (that is, relating to street traffic, or use of trails, etc in the easement) and safety-related improvements such. as bollards, barricades; public amenities (for example, benches, bike racks), public art etc.) No public restroom shall be located in the easement. For any public art located in the easement, the City shall give specific notice to the Scout/Legion and allow them to comment on the proposed art. • Easement may be used for bus pull out ,but only in the southerly 300' of the easement. 2. Non-Gifu Utilities: • Non-city utilities may be located in the easement, so long as the utility is under grounded, and so long as compensation is paid to the Scouts/Legion for use of the easement. The utility is allowed by City approval prior to resolution or payment of compensation (no further Scout/Legion approval required to locate a utility in the easement - to avoid delays in utility location). • If the Scout/Legion and the private utility cannot agree on compensation within 30 days after the private utility notifies the Scouts/Legion that it has acquired all other needed easements or rights for its project ,then the issue of compensation shall be referred to binding arbitration. The parties may agree on a single arbitrator. In the event that they cannot so agree, one arbitrator shall be selected by the Scouts/Legion, and one by the utility and the third shall be selected jointly by the first two arbitrators. An arbitrator shall be a State of Washington state certified general real estate appraiser. If one arbitrator is used, the parties shall share the cost equally. If three arbitrators are used, then each party shall pay for the appraiser they select, and shall share the cost of the third appraiser. The parties agree that a majority decision of the arbitrators shall be binding upon the parties. In the event of any dispute arising concerning arbitration, the rules and procedures of the American Arbitration Association under its Commercial Arbitration Rules shall apply. Exhibit A -Ordinance 3006 545637 Paee: 6 of 7 08!07!2009 04:30P Jefferson County Rud CITY OF PORT TOWNSEN ORD 68.0@ 3. Scouts/Leg_ion Use of Easement. The Scout/Legion do not have the right to locate any improvements or allow others to locate any improvements (for example, utilities) in the easement without City approval in its discretion; Provided, until the City makes improvements in the easement, the Scouts/Legion can make reasonable use of the easement subject to City approval which shall not be unreasonably withheld. 4. Building Setback from Discovery Way Easement. There shall be a five foot building setback calculated from the "inner edge" of the easement (the edge closest to the balance of the Scout properly). The setback is calculated to the wall of structure, and does not include up to 2' roof or eve overhang. Exhibit A -Ordinance 3006 ~4~~3? Page: 7 of 7 08107!2009 04:30P Jefferson County Rud CITY OF PORT TOWNSEN ORD 68.00 EXHIBIT B - SIMS WAY CONSERVATION EASEMENT Within 20' of Sims Way, there is a "Conservation easement" of 20', subject to the following: • Area to be left in a natural state. No cutting or clearing, except for dead, diseased, dying or dangerous trees. Non-native (invasive) species may be removed without restriction. • Except in case of emergency, Scouts/Legion shall get Public Works Director approval prior to cutting. • Scouts may plant in area with native species only (but are not required to plant). • City has no right to plant in area (or require any planting), and no right to construct any improvements. • If there are existing improvements in the 20' area, they are not affected by the easement, and may continue to be used as is (but not expanded into the conservation area).