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HomeMy WebLinkAbout2796 Vacating a Portion of 22nd Street Right-of-Way in Block 64 of Eisenbeis Addition and in Block 4 of C.H. Pinks Addition - Gregory Kossow and Lianne C. Perron-Kossow0412812002 02: 45P County, HA FZEST AMERZCAN TITLE ORD t2.00 Pam Kolacy, City Clerk City of Port Townsend Waterman & Katz Building 181 Quincy Street, Suite 201 Port Townsend, WA 98368 ORDINANCE NO. 2796 AN ORDINANCE VACATING A PORTION OF THE 22na STREET RIGHT-OF- WAY LYING BETWEEN BLOCK 64 OF THE EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND AND BLOCK 4 OF THE C.H. PINKS ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Assessors Parcel Numbers: 948-306-401 and 948-313-701 Grantor: Grantees: City of Port Townsend Gregory Kossow & Lianne C Perron-Kossow WHEREAS, the City Council of the City of Port Townsend has considered Street Vacation Application No. LUP01-053 (Greg Kossow) and following due notice has held a public hearing upon the application; and WHEREAS, the vacation request involves the exchange of an undeveloped, triangular portion of the 22nd Street right-of-way for land owned by the applicant that is currently developed with 22na Street; and WHEREAS, the City Council for the City of Port Townsend adopted its Findings of Fact and Conclusions on September 24, 2001; and WHEREAS, the Council's Findings and Conclusions approved in concept the proposed vacation, subject to petitioner performing a survey of the lands to be exchanged. Based upon the survey, the Public Works Director was authorized to determine whether the value of the lands being exchanged were essentially equal; and WHEREAS, the Council's Findings and Conclusions also conditioned the vacation approval upon petitioner granting to the City a total of 30-feet of right-of-way from the centerline of the existing 22nd Street to ensure that all existing public improvements and other utilities would remain within the deeded right-of-way; and Page 1 Ordinance 2796 Jefferlon County, WI~ ~II~$T RM£RICI~N TITL£ ORD t2.00 WHEREAS, the BCD Director and Public Works Director have reviewed the preliminary survey and found that only 20-feet of right-of-way from centerline of the existing 22nd Street is necessary to ensure all public improvements and other utilities remain within the right-of-way; and WHEREAS, the reduced dedication width also results in a land exchange between petitioner and the City that is essentially equal in size and value; now, therefore, NOW, THEREFORE, the city council of the city of port Townsend does ordain as follows: Section 1. Subject to the conditions in Section 2 of this Ordinance, the following right-of- way is hereby vacated to Gregory Kossow & Lianne C. Perron-Kossow: That portion of existing 22nd Street right-of-way fronting on Lots 1, 2, 3 and 4, Block 64, of the Plat of"Eisenbeis Addition to the City of Port Townsend", according to the plat thereof recorded in Volume 2 of Plats, at Page 24, records of Jefferson County, Washington, lying southerly of a line 20.00 feet southerly of and parallel with the following described centerline: Beginning at a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 27~ Street; thence South 0°32'51" East, along the centerline of Sheridan Street, a distance of 966.71 feet to a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 23rd Street; thence North 89007'45" East, along the centerline of 23rd Street, a distance of 52.72 feet to an intersection with the centerline of Sheridan Street; thence South 1°07'45" East, along the centerline of Sheridan Street, a distance of 260.44 feet to a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 22nd Street; thence North 88048'40'' East, along the centerline of 22nd Street, a distance of 456.53 feet to the beginning ora 300.21 foot radius curve to the left and the True Point of Beginning of said described centerline; thence northeasterly (counterclockwise) along said curve, through a central angle of 28003' 13", an arc distance of 146.99 feet; thence North 60045'27'' East a distance of 66.64 feet to the beginning of a 300.21 foot radius curve to the right; thence northeasterly (clockwise) along said curve, through a central angle of 28°03'13'', an arc distance of 146.99 feet to the terminus of said described centerline; EXCEPT any portion of said existing right-of-way lying westerly of the northerly prolongation of the easterly right-of-way margin of Wilson Street; SUBJECT TO easements, reservations and restrictions of record. Page 2 Ordinance 2796 Section 2. Page: 3 of 4 0412612002 02:43P ORD 12.00 Vacation of the aforementioned right-of-way is conditioned on the following: The applicants shall convey clear title to the City, in a form acceptable to the City Attorney, the following described lands: Those portions of Lots 1,4 and 5, Block 4, of the Plat of"C.H. Pinks Addition to Port Townsend", according to the plat thereof recorded in Volume 1 of Plats, at Page 79, records of Jefferson County, Washington, lying northerly ora line 20.00 feet southerly of and parallel with the following described centerline: Beginning at a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 27th Street; thence South 0°32'51" East, along the centerline of Sheridan Street, a distance of 966.71 feet to a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 23rd Street; thence North 89°07'45" East, along the centerline of 23rd Street, a distance of 52.72 feet to an intersection with the centerline of Sheridan Street; thence South 1°07'45'' East, along the centerline of Sheridan Street, a distance of 260.44 feet to a found City of Port Townsend encased concrete monument with brass cap at the intersection of Sheridan Street and 22nd Street; thence North 88°48'40" East, along the centerline of 22nd Street, a distance of 456.53 feet to the beginning of a 300.21 foot radius curve to the left and the True Point of Beginning of said described centerline; thence northeasterly (cotmterclockwise) along said curve, through a central angle of 28°03'13'', an arc distance of 146.99 feet; thence North 60°45'27" East a distance of 66.64 feet to the beginning of a 300.21 foot radius curve to the right; thence northeasterly (clockwise) along said curve, through a central angle of 28003' 13", an arc distance of 146.99 feet to the terminus of said described centerline; SUBJECT TO easements, reservations and restrictions of record. The City, at its expense, shall purchase title insurance for the above described lands. All persons having an ownership or lien interest in the land transferred to the City shall sign the conveyance document. Said instrument shall be recorded with the Jefferson County Auditor consecutively with the recording of this street vacation ordinance. Fees associated with recording the conveyance document shall be paid for by the City. Petitioners, at their expense, shall prepare and submit a lot line adjustment to the City BCD Department that merges the vacated right-of-way into one or more of petitioners adjoining properties. The lot line adjustment Statement of Intent shall be recorded with the Jefferson County Auditor consecutively with the recording of this street vacation ordinance. Fees associated with recording the Statement of Intent shall be paid for by the petitioners. Page 3 Ordinance 2796 04/26/2002 02 Joffirlon County, klFI F]ItST I=Ir'IEI~ICiqN TZTLE OI~D 12.00 Upon completion of the conditions in this Section 2 to the City's satisfaction, a certified copy of the ordinance vacating the right-of-way shall be recorded by the City with the office of the Jefferson County Auditor. Fees associated with recording the ordinance shall be paid for by the petitioners. do The preliminary survey presented to the City shall be finalized as a Record of Survey and filed as such with the Jefferson County Auditor. Fees and all other costs associated with the survey work shall be paid for by the petitioners. 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 4th day of February, 2002. Ke~~Appr°ved as to form: Attest: Pamela Kolacy, CMC, City Ck~ck JohnWatts, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Recorded: Effective Date: Page 4 Ordinance 2796