HomeMy WebLinkAbout3005 Vacating an Alley Right-of-Way in Power Addition - Kenneth & Karen GravesIIIIIII IIIIII I IIIIIIIII VIII I II540949 R
.Jefferson Count~Ryd...KENNETH.. GRRVES. ORQ__. 44.00 ____
Pam Kolacy, MMC, Ciry Clerk
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
ORDINANCE NO. 3005
AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY LYING NORTH OF
BLOCK 2 OF THE POWER ADDITION TO THE CITY OF PORT TOWNSEND;
ESTABLISHING CONDITIONS TO THE STREET VACATION; AND
ESTABLISHING AN EFFECTIVE DATE
Reference Documents: Lot Line Adjustment Statement of Intent, AFN ~~3~
Record of Survey, AFN Fi,~{~rJ~
Hold Harmless Agreement, AFN ~4Q4'~7Z'
Grantor: City of Port Townsend, a municipal corporation
Grantees: Kenneth W. & Karen Graves, husband & wife
Assessor's Parcel Number: 990-000-207
WHEREAS, the City Council for the City of Port Townsend has considered Street
Vacation Application No. LUP08-077 and following due notice held a public hearing upon the
application; and
WHEREAS, the vacation request involves a section of alley right-of-way lying north
of Block 2 in the Power Addition to the City of Port Townsend. The alley segment is
approximately 100 feet in length and 15 feet in width; and
WHEREAS, the City Council for the City of Port Townsend adopted Findings of Fact
and Conclusions concerning the alley vacation on October 2Q 2008; and
Page 1 of 3 Ordinance 3005
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WHEREAS, the Council's Findings and Conclusions approved in concept the
proposed vacation subject to petitioners paying for an appraisal of said alley and paying 100%
of the appraised value of the land; and
WHEREAS, the Council's Findings and Conclusions also conditioned the vacation
approvals upon petitioners submitting a Lot Line Adjustment application to merge the vacated
alley into petitioner's adjoining lands and upon the petitioner signing a Hold Harmless
document approved by the City Attorney that releases the City from any future damage claims
resulting from existing right-of--way encroachments andlor any adverse possession claim; and
WHEREAS, petitioners have been provided with a Hold Harmless document approved
by the City Attorney and have indicated their willingness to sign the Hold Harmless document
provided to them. Furthermore, they have now paid full appraised value of the subject alley to
the City and have submitted a Lot Line Adjustment application, which has been processed and
preliminarily approved by the DSD Director subject to final City Council approval and
recording of the alley vacation Ordinance,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section 1. Subject to the conditions in Section 2 of this Ordinance, the following right-of-
way is hereby vacated to Kenneth W. & Kazen Graves: , + ;
That portion of the 15 foot wide alley contiguous to Lot 1Q Block 2 of the
Power Addition to the City of Port Townsend as per plat recorded in Volume
2 of Plats, page 120, Jefferson County, Washington, being a portion of
Section 2, Township 30 North, Range 1 West, W,M., in the City of Port
Townsend, more particularly described as follows:
Beginning at the Northwest corner of said Lot 10,
Thence North along the Northerly prolongation of the Westerly line to the
Northerly boundary of said plat of the Power Addition;
Thence Easterly along said Northerly line to the intersection with the
Northerly prolongation of the Easterly line of said Lot 10;
Thence Southerly along said Northerly prolongation to the Northeast corner
of said Lot 10;
Thence Westerly along the Northerly line of Lot 10 to the Point of Beginning.
Situate in Jefferson County, Washington.
Page 2 of 3 Ordinance 3005
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Section 2. Vacation of the alley right-of-way is condirioned on the following:
a. Petitioners shall adhere to all conditions of the Lot Line Adjustment, which
received preliminary approval by the City DSD Department on November 6,
2008 (File No. LUP08-090). This Lot Line Adjustment would merge the
vacated right-of--way into petitioners adjoining land via Che filing of a
Record of Survey and a Statement of Intent.
b. Petitioners shall have signed the Hold Harmless document, which together
with the Record of Survey and Statement of Intent shall be filed with the
Jefferson County Auditor concurrently with the recording of this street
vacation Ordinance. The petitioners shall pay for all fees associated with
recording the above documents.
Section 3. This ordinance shall take effect upon its passage, approval and publication in
the form and manner provided by law, and after it has been recorded with the
Jefferson County Auditor pursuant to Section 2 of this ordinance.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this seventeenth day of February, 2009.
Attest:
r
Pamela Kolacy, MMC, City CI
Page 3 of 3
1 CiGr"L-(~~
Michelle Sandoval, Mayor
Approved as to Form:
~~
John P. Watts, City Attorney
Ordinance 3005