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HomeMy WebLinkAbout2742A Vacating a Portion of Hendricks Street Right-of-Way Between 21st and 22nd Streets Eisenbeis Addition - Mel and Erica Epling/Donna Gregory 436534 0gl2412~ 12:$1P Jefferaon County, IdR CITY OF PORT TOIdNEEN ORD 1~.~ Pam Kolacy, City Clerk City of Port Townsend Waterman & Katz Building 181 Quincy Street, Suite 201 Port Townsend, WA 98368 ORDINANCE NO. ,-~C~ 7 ~7/~':~-~- '~ AN ORDINANCE VACATING THAT PORTION OF HENDRICKS STREET RIGHT-OF-WAY LYING BETWEEN 21RST and 22ND STREETS ABUTTING BLOCKS 114 AND 137 OF THE EISENBEIS ADDITION TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Assessor's Parcel Numbers: 948-311-403, 948-313-703 and 948-313-701 Grantor: City of Port Townsend Grantees: Mel& Erica Epling; Donna Gregory WHEREAS, the City Council for the City of Port Townsend has considered Street Vacation Application No. LIJP99-69 (Mel & Erica Epling), and following due notice has held a public hearing upon the application; and WHEREAS, the City Council for the City of Port Townsend adopted its Findings of Fact and Conclusions on November 29, 1999; and WHEREAS, the applicant has paid to the City one-half of the appraised value of the area to be vacated; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: 12412000 12:31P J,,fferlon County, IdR CITY OF PORT TOI~NSEN ORD 10.00 Section 1. Subject to the conditions in Section 2 of this Ordinance, the following street is hereby vacated to Mel& Erica Epling: The westerly thirty (30) feet of Hendricks Street between 21rst and 22nd Streets, abutting Block 137 of the Eisenbeis Addition to the City of Port Townsend. Further, subject to the conditions in Section 2 of this Ordinance, the following street is hereby vacated to Donna Gregory: The easterly thirty (30) feet of Hendricks Street between 21rst and 22nd Streets, abutting Block 114 of the Eisenbeis Addition to the City of Port Townsend. Section 2. That the street vacation aforementioned is conditioned on the following: The applicants shall establish via a recorded instrument, in a form acceptable to the City, a 25-foot utility and pedestrian access easement (including bicycles and non-motorized vehicles, but excluding motor vehicles), 12.5-feet along each side of the Hendricks Street right-of-way centerline. Said instrument shall be recorded with the Jefferson County Auditor consecutively with the recording of this street vacation ordinance. The applicants shall covenant via a recorded instrument that no trees having a diameter greater than 6-inches and located within said vacated right-of-way shall be cut or removed without the prior written approval of the City. Said instrument shall be recorded with the Jefferson County Auditor consecutively with the recording of this street vacation ordinance. The applicant shall covenant that setbacks for lots abutting said vacated right-of-way shall be maintained as if said street right-of-way continued to exist. Said instrument shall be recorded with the Jefferson County Auditor consecutively with the recording of this street vacation ordinance. That portion of Hendricks Street located between 21rst and 22~ Streets and Blocks 114 and 137 of Eisenbeis Addition shall be vacated according to this ordinance after all required fees have been paid and the required easements and covenants have been executed and recorded, and upon payment of a fee in the amount of one-half the fair market value of the right-of-way. A certified copy of the ordinance vacating the street shall be recorded by the City with the office of the Jefferson County Auditor. Jlfflrion County, NR CITY OF PORT TONNSEN ORO 10.0~ 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 by the City with the Jefferson County Auditor pursuant to Section 2 of this ordinance. Passed by the City Council for the City of Port Townsend and signed by the Mayor of the City this 17~ day of July, 2000. ,/ "eoffMasci, Mayor Attest: Approved as to form: John Watts, City Attorney Filed with the City Clerk: Passed by the (~ity ~ouncil: Published: $/ ~0/c;0 Recorded: Y~.r//~,o / Effective Date: q/f,//ao