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Home My WebLink About2849 Vacating a Portion of Unopened Wilson Street and 22nd Street Right-of-Way - Al Frank/Jeanne Olson & City of Port Townsend 481SS6 Pall.: 1 of 6 031011200403:02P J.ff.~.on County, WA CITY OF PORT TOWNSEN ORD 23.00 Pam Kolacy, City Clerk City of Port Townsend Watennan & Katz Building 181 Quincy Street, Suite 20 I Port Townsend, W A 98368 ORDINANCE NO. 2849 AN ORDINANCE VACATING A PORTION OF UNOPENED WILSON AND 22ND STREET RIGHT-OF-WAY; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE. Assessor's Parcel NlUllbers: Grantor: Grantees: City of Port Townsend Allen R. Frank and Jeanne C. Olson, and City of Port Townsend WHEREAS, in 2003, a nlUllber of neighbors in the vicinity of 22nd and Wilson requested that the City establish a park using the unopened ROW in the area. WHEREAS, the City Council initiated the street vacation process by Resolution 03-037, adopted December 15, 2003, which set a hearing for January 20, 2004. WHEREAS, the City Council for the City of Port Townsend conducted a public hearing, following due notice, on January 20,2004, on the proposed street vacation, and considered all testimony and facts concerning this matter. WHEREAS, the street vacation is supported by the Parks and Recreation Advisory Board, Council CD/LV Committee, all adjacent property owners, and City staff. WHEREAS, the area to be vacated comprises approximately 9,750SF, and the abutting property (Frank/Olson) has agreed to transfer the right-of-way to be vacated back to the City, and then exchange property owned by Frank/Olson [or a portion ofthe right of way, to allow the City to enq up with fee ownership of an area approximately 8, I 00 SF to be available for park uses, based on the following: . Abutting owner Frank/Olson deeds back to the City the approx. 7,440 SF of ROW Frank/Olson receives from the vacation. . City receives approx. 2,310 SF of ROW by virtue of a small (approx 1,340 SF) "triangle" the City owns abutting the ROW. I Ordinance 2849 481SS6 J.ff.~.on County, WA CITY OF PORT TOWNSEN Pall.' 2 of 5 03101/200403:02P ORD 23.00 - - . City transfers a portion of the right of way adjacent to Frank/Olson property (43' in depth, totaling approx. 5,100 SF) to Frank-Olson. Frank/Olson transfers an approx 2,120 SF "remnant" parcel owned by Frank/Olson to City. . WHEREAS, the street vacation is conditioned on a property agreement that provides that the property transfèrred to Frank-Olson is subject to height restriction (3 ') and further that the Frank- Olson property (with the property being transferred to Frank/Olson) will remain one lot and will never be subdivided, thereby providing an "open space" buffer to a City park on the balance of the area being vacated, and also preserving views in the area. WHEREAS, the City Council finds: 1. That physical improvements of 22nd Street (pavement, utilities) do not lie within the right of way area vacated by this Ordinance. 2. The street vacation is consistent with review criteria for street vacations in PTMC 12.20.060: a. The street vacation is consistent with applicable City goals and policies. I) Transportation Element ofthe Port Townsend Comprehensive Plan, Policy 9.4): Use the following criteria to consider (fpublic right-of-way should be vacated or left unimproved: a. street continuity and property access; b. future utility needC), including storm waterfacilities, and capital facilities plans; c. consistency with the Land U<;e and Transportation Elements, as well as the overall Comprehensive Plan; and d preservation of open space and environmentally sensitive areas There are no known utilities, and there are no environmentally sensitive areas (ESAs), in the area vacated by this Ordinance. The street vacation will not increase the potential for disturbance of ESAs. City of Port Townsend Public Works Department has reviewed and supports the street vacation. While the City's Engineering Design Standards discourage right-of-way vacations, the area vacated is not needed for current or anticipated overall traffic circulation, property access, or future utility needs, and the vacation allows the area to remain substantially as open space for use as a park. 2) Transportation Element of the Port Townsend Comprehensive Plan, Policy 4.7: Allow street closures (or do not allow some streets to be opened) in certain areas so the street grid is broken in an effort to promote more pedestrian friendly neighborhoods. Streets designated to he closed or to remain unopened should be identified within the Nonmotorized Plan. And: Transportation Element ofthe Port Townsend Comprehensive Plan, Policy 5.3(f): 2 Ordinance 2849 481SS6 J.ff.~.on County, WA CITY OF PORT TOWNSEN Pall.: 3 of S 031011200403,02P ORD 23.00 -------- The City should develop a safè and convenient environmentfòr walking an bicycling by developing a city-wide sidewalk/pathway plan including on and off-road trails to establish safe integration of bicycle and pedestrian circulation The area to be vacated is identified in the Nonmotorized Transportation Plan (NMTP) as a location for a pedestrian trail. The street vacation, and property agreement allowing location of a park in the area, facilitate location of a trail consistent with the NMTP. b. The street vacation, and property agreement allowing location of a park in the area, facilitates development of a park consistent with the Parks Functional Plan. The Parks Recreations and Advisory Board recommended establishment of a park in the right of way area to be vacated. c. There will be no impact on police, fire or solid waste collection, utility, medical or mail services. There is no need to preserve utility corridors. WHEREAS, the City Council finds that no monetary compensation for the vacation is appropriate, because (with the property agreement) the City is receiving other value or benefìt, including but not limited to, the City receives back in fee title ownership most of the vacated right of way, the City receives title to the Frank-Olson remnant, property becomes available for use as a park, regular park boundaries are accomplished, the portion of the right of way that is conveyed to Frank/Olson is conveyed with height limitation and restrictions against subdivision (thereby contributing to buffer, open space and view functions), a potential driveway in Wilson St. is avoided, and a small 1,340 SF City owned "triangle" adjacent to the area vacated gains a public use by allowing its incorporation into a park. WHEREAS, the City Council concludes, based on the foregoing findings, that the street vacation satisfies the review criteria for street vacations in PTMC 12.20.060, and provides a valuable public benefit by providing, with the property agreement, a location for a park in the vacation area, and therefore that the street vacation should be approved, subject to the conditions in provided in Section 2 of this Ordinance.. 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 street is hereby vacated to Allen R. Frank and Jeanne C. Olson: See attached Exhibit A. Section 2. That the street vacation aforementioned is conditioned on the following: The City and Frank/Olson (the abutting owner) execute an agreement, and related documents, providing for a property transfer and exchange, and covenants on height restriction and against subdivision, in form acceptable to the City Manager and City Attorney, consistent with the 3 Ordinance 2849 481SS6 Pa..: 4 of 5 031011200403:02P J.ff.~.on County, WA CITY OF PORT TOWNSEN ORD 23.00 --- findings and recitals in this Ordinance. The City Manager is authorized to execute said agreement and related 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 by the City with the Jefferson County Auditor. Passed by the City Council for the City of Port Townsend and signed by the Mayor of the City this ;;.t;'M day of January, 2004. ~~~¡.~ú-- Catharine Robinson, Mayor Attest: Approved as to Form: ~~- c~ ~ ~~~ John P. Watts, City Attorney Filed with the City Clerk: Passed by the City Council: Published: .4¿ I V lei « Recorded: iJ./1104- Effective Date: --? /[;1,;</ /I~ølc~ /Þ~/o</ EXHIBIT A Right-of-Way Area Legal Description of Property Note: For purposes of these descriptions, the 22nd Street right-of-way (ROW) is that portion of the 22nd Street ROW thatfalls wit/tin the Pink's Addition plat extendingfrom Discovery Road in the east to Cleveland Street in the west. The portion of the 22nd Street ROW in the Eisenbeis Addition plat (Sheridan Street to Wilson Street) is not part of the 22nd Street RO W to be vacated. All property is situate in the County of Jefferson, State of Washington. 22nd Street ROW: That part of the 22nd Street ROW to the north of the northern boundary of the Frank-Olson remnant described in Ex. A-2; and south ofthe southern boundary of lots 5 and 6, Block 1, Pink's Addition; and east of a line 12' east of the extended western boundary of the 4 Ordinance 2849 481SS6 Pag., S of IS 03/011200403,02P J.ff.~.on County, WA CITY OF PORT TOWNSEN ORD 23.00 ------ Frank-Olson remnant described in Ex. A-2; and west of the extended eastern boundary of the Frank-Olson remnant described in Ex. A-2; and Wilson Street ROW: That part of the Wilson Street ROW south of the southern boundary oflots 6 and 7, block 1, Pink's Addition; and north ofthe extended southern boundary of the Frank- Olson remnant described in Ex. A-2; and east of the extended eastern boundary of the Frank- Olson remnant described in Ex. A-2; and west of the extended western boundary of the "City- owned triangle" described as: lot 5, block 4, Pink's Addition And depicted on the attached Map For purposes of description above, Frank-Olson Remnant is defined as follows: All ofBloek 5, EXCEPT the Westerly 21.64 feet thereof, c.H. Pink's Addition of the City of Port Townsend, as per plat recorded in Volume 1 of Plats, page 79, records of Jefferson County, Washington. ALSO all of Block 87 1/2, EXCEPT the Westerly 135 fèet thereof, Supplemental Plat of Eisenbeis Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 24, records of Jefferson County, Washington. Subject to an easement for driveway over and across the westerly twelve (12) fèet for ingress and egressfor property described as: 1) Lots 5, 6 and 7, EXCEPT the Westerly 30 feet of said Lot 5, Block 1, c.B. Pink's Addition to the City of Port Townsend, as per plat recorded in Volume 1 of Plats, page 79, records of Jefferson County, Washington. 2) The Easterly 21 feet of Lot 3, all of Lot 4, and the westerly 30 feet of Lot 5, Block 1, c.H. Pinks Addition to Port Townsend, as per plat recorded in Volume 1 of Plats, Page 79, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington 5 Ordinance 2849