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Home My WebLink About2850 Vacating a Portion of Wilson Street and 22nd Street Right-of-Way - Tordillos/Weber/Bennun " 481557 Page: 1 of 5 03/01/2004 03:02P Jefferlan County, WA CITY OF PORT TOWNSEN ORD 23.00 Pam Kolacy, City Clerk City of Port Townsend Watennan & Katz Building 181 Quincy Street, Suite 201 Port Townsend, W A 98368 ORDINANCE NO. 2850 AN ORDINANCE VACATING THAT PORTION OF WILSON AND 22ND STREET RIGHT-OF-WAY TO THE CITY OF PORT TOWNSEND; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE Assessor's Parcel Numbers: Grantor: Grantees: City of Port Townsend Kimberly Tordillos, Judith M. Weber, Joshua Bennun 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 City Council approved Ordinance 2849, vacating (subject to conditions) a portion of unopened 22nd and Wilson St right of way. WHEREAS, based on the street vacation approved in Ordinance 2849, the Council determines that the area in this street vacation no longer serves any public purpose and should no longer be retained in public ownership and should be vacated WHEREAS, the City Council for the City of Port Townsend adopted the following Findings of Fact and Conclusions; and 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: 1 Ordinance 2850 '. 481557 Page: 2 of 5 03/01/2004 03:02P Jefferlan County, WA CITY OF PORT TOWNSEN ORD 23.00 -- .-- - - a. The street vacation is consistent with applicable City goals and policies. 1) Transportation Element of the Port Townsend Comprehensive Plan, Policy 9.4): Use the following criteria to consider if public right-ol-way should be vacated or left unimproved: a. street continuity and property access; b. future utility needs, including storm water facilities, and capitalfacilities plans; c. consistency with the Land Use 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. 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 be closed or to remain unopened should be identified within the Nonmotorized Plan. And: Transportation Element of the Port Townsend Comprehensive Plan, Policy 5.3(f): The City should develop a safe and convenient environment for 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 not identified in the Nonmotorized Transportation Plan (NMTP) as a location for a pedestrian trail. b. 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 concludes, based on the foregoing findings, that the street vacation satisfies the review criteria for street vacations in PTMC 12.20.060. The street vacation would not be approved but for the street vacation approved in Ordinance 2849 (which vacates other portions of 22nd and Wilson Streets for potential utilization as a public park), and removes any basis for retaining in public ownership this portion of unopened 22nd Street. The street vacation should be approved, subject to the conditions in provided in Section 2 of this Ordinance. 2 Ordinance 2850 481557 .. Page: 3 of 6 03/01/2004 03:02P Jefferlon County, WA CITY OF PORT TOWNSEN ORD 23.00 - - - - -- - - - --- THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1. Subject to the conditions in Section 2 ofthis Ordinance, the following street is hereby . vacated to Kimberly Tordillos, Judith M. Weber, and Joshua Bennun: See attached Exhibit A. Section 2. That the street vacation aforementioned is conditioned on the following: Bennun/Tordillos/Weber (the abutting owner) execute an agreement, and related documents, providing for covenants on height restriction and against subdivision, in form acceptable to the City Manager and City Attorney, consistent with the 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 -<6. -1// day of January, 2004. {? . 2/. t;fiL-1't.-- l,_-L '--{,6-, f.....l...(--~ Catharine Robinson, Mayor Attest: Approved as to Form: Q=, '1! ~ (~ { r- - -J~ .-':-:, John P. Watts, City Attorney Filed with the City Clerk: / I<[j/c'~ , Passed by the City Council: ! / ;¿r/ /{,<:'/ Published: .3 /3/¿ (OLV Recorded: cd/, 10'1- , Effective Date: 3'/J /.2. cei 3 Ordinance 2850 481557 Page: 4 of 6 03/01/2004 03,02P Jefferlon County, WA CITY OF PORT TOWNSEN ORD 23.00 - ..---- on- ---.. -- - -- ---- - 22nd Street ROW Vacation - Legal Descriptions (Area West of Driveway) Note: For purposes ofthese descriptions, the 22nd Street right-of-way (ROW) is that portion of the 22nd Street ROW that falls within the Pink's Addition plat extending from 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 ROW to be vacated. It is the intent ofthe City to vacate a portion of the 22nd Street right-of-way between Cleveland Street and Wilson Street. The ROW is be divided into three parcels (A, B, and C) which will attach to the ownership of the three adjacent property owners. To facilitate these descriptions, a line between the Bennun property and the Weber/Tordillos properties is defined as line "X". The attached map shows the general configuration ofthe parcels. Line "X": A line starting at a point which is the northwest corner of the Bennun property described in Exhibit 3 (attached), and extending parallel to the south boundary line ofthe Tordillos and Weber properties described in Exhibit I and 2 (attached), in a generally easterly direction, to where the line intersects a line that is the prolongation of a line that is 135' east of the western boundary of block 87 Y2, Eisenbeis Addition. Parcel A [Bennon]: That parcel south of line "X"; east of the western boundary of block 87 Y2, Eisenbeis Addition; west of a line 135' east of the western boundary of block 87 Y2, Eisenbeis Addition; and north of the northern boundary of bock 87 Y2, Eisenbeis Addition and north of block 5, Pink's Addition. Parcel B [Tordillos]: That parcel south of the southern boundary oflots 3, 4, and 5, block 1, Pink's Addition; east of a line 29' east of the western boundary oflot 3, block 1, Pink's Addition; west of a line 135' east of the western boundary of block 87 Y2, Eisenbeis Addition; and north ofline "X". Parcel C [Weber]: That parcel south of the southern boundary oflots 2 and 3, block I, Pink's Addition; east of the extended western boundary of block 87 Y2, Eisenbeis Addition; west of a line 29' east of the western boundary oflot 3, block 1, Pink's Addition; and north ofline "X". All property located in the City of Port Townsend, Jefferson County, Washington The parcel areas listed below are approximate only, based on scaling dimensions from map drawings. Parcel A: 2604 sq. ft. Parcel B: 2222 sq. ft. Parcel C: 902 sq. ft. 4 Ordinance 2850 _.~- t -1"\.'"':,; . - o- J -\.,I r-"" , I!=,,"- - , ï ,- i .J ',- F~-- 'r -'- 1J , I : ! ~ ¡ ; i, i iTl. -f;í ¡ l n ¡-l Wilson ~ I ¡ ii, - .! I -'i¡ - ~ " I : I ¡ Tl '~I I - - í ¡ ---T----! I j I 1- ,~ , I LJ - I I r I ~ .' ¡ i : I : J - : ------, § I 481'~~ ~ Jllllj]1 :~; ,~..:u.. - PORT TOWNSEN - CITY OF - -- - - - c::; r-- ð () ^ CD / » r / 0 0 ! 0 ,-" ! ' ~ ----I ^ / 1'\ / '--.-I Z m ~ / / / ~ I / I I / Gise C::i.--:;o ç, --:.., ~ '-" œ "-.! . () T u Z ';>:::: Ui -7 ~ -~. ).> 0 0 ---j 0 L i . ! ! ~ ~ . f/ .VLo~ ~'7~ CJ /l- ¡) _i , i ~ w . , -~ , U n , ~ ^ ,,- - ! ---"~ -i I I -,; I ()l - . -q . I j i I I J I I I I 1 I i I I i I I , . I I I I 1 , J ! J I I I I . ! (j', -....J