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HomeMy WebLinkAbout3208 Vacating a Portion of Hill (aka Howard) Street Right of Way Lying East of BLK 4 in the Plat of Swan Park (2) 6234219 PGS : 3 ORD 0411212019 12.30 PM $101,00 C1TY,0F_PORT,T0WT4SEND Jefferson cmgnty WA Auditor's 0 H 0 Ros Ann Carroll, Auditor ............... 0111 F1471110h,AWN A*Fj r lrnqlfw�Alb 11111 City Clerk City of Port Townsend 250 Madison Street, Suite 2 Port"Townsend.WA 98368 ................... ORDINANCE NO. 3208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, VACATING A PORTON OF HILL (aka HOWARD) STREET RIGHT- OF-WAY LYING EAST OF BLOCK 4 IN THE PLAT OF SWAN PARK; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE Reference Documents: Lot Line Adjustment Statement of Intent, AFN Record of Survey, AFN .. ....... Grantor: City of Port Townsend, a municipal corporation Grantees: Amy Jordan, a single woman Assessor's Parcel Number: 997-800-401 WHEREAS, the Port Townsend City Council considered Street Vacation Application No. LUP 17-068 and following due notice held a public hearing on the application; and WHEREAS,the vacation petition involves a portion of the Howard Street right-of-way lying east of Block 4 in the Plat of Swan Park. The partial street vacation area is approximately 30 feet in width and 330 feet in length; and WHEREAS, Council adopted Findings of Fact and Conclusions at the end of their public hearing on October 2, 2017 which approved the partial street vacation in concept subject to petitioner paying for an appraisal of the vacation area and paying 100% of the appraised value of the land; and WHEREAS,the Council's Findings and Conclusions also conditioned final vacation approval upon petitioner submitting a Lot Line Adjustment application to merge the vacated alley into petitioner's adjoining lands and upon retaining a public utility easement across the entire vacation area; and Page I of'3 WHEREAS, an appraisal of the Vacation area was completed in February 2018 which concludes its fair market value is $26,000; and, WHEREAS, petitioner has submitted a Lot Line Adjustment consistent with Council's direction which is being processed by DSD staff who will prepare appropriate documents for recording with the County Auditor; and, WHEREAS, petitioner has an accepted offer to sell the property that is contingent on including the Vacation area. Petitioner requests the balance of monies owed the City ($28,375) be paid via escrow funds set aside specifically for that purpose and held by the title company as part of the pending property sale. Such payment arrangement is acceptable to the City. Once the Lot Line Adjustment has been approved and recorded with this Ordinance, escrow funds due the City for the Street Vacation will be paid. 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 Amy Jordan: That portion of Hill Street(aka Howard Street)which is 30 feet in width and abuts Block 4 in the Plat of Swan Park as recorded in Volume 2 of Plats,page 20,Jefferson County, Washington, being a portion of Section 10, Township 30 North, Range 1 West, W.M. Situate in Jefferson County, Washington Section 2. Vacation of the right-of-way is conditioned on the following: a. A public utility easement, encompassing the entire 30' x 330' vacation area, is hereby retained on behalf of the City, b. Petitioners shall work diligently to obtain approval of their Lot Line Adjustment application and shall adhere to all resulting conditions of approval when said decision is issued. The Lot Line Adjustment must merge the vacated right-of-way into petitioners adjoining land via recording of a Record of Survey and Statement of Intent. c. The balance of monies owed the City ($28,375) shall be paid via escrow monies set aside and held by the title company as part of the petitioner's pending property sale. Immediately following approval and recording of all Lot Line Adjustment related documents with this Ordinance, escrow funds due the City for the Street Vacation will be paid. The petitioners shall pay for all fees associated with recording the above documents. Page 2 of 3 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 1 st day of October 2018. -___-...... Deborah S. Stinson Mayor Attest: Approved as to Form: __........' ---- .. Joanna Sanders, MMC Heidi (ircein w od City Clerk City Attorney Passed by the City Council: October 1, 2018 Published: October 10, 2018 Recorded: Effective Date: Page 3 of 3