HomeMy WebLinkAbout2432 Vacating an Alley in Block 47 of Fowler's Park AdditionAFT'ER RECORDING RETURN TO:
City of Port Townsend
Planning and Building Dept.
540 Water Street
Port Townsend, WA 98368
ORDINANCE
AN ORDINANCE VACATING ALL OF THE ALLEY
LOCATED IN BLOCK 47 OF FOWLER'S PARK
ADDITION TO THE CITY OF PORT TOWNSEND AS
RECORDED IN VOLUME 2 OF PLATS, PAGE 16,
RECORDS OF JEFFERSON COUNTY, WASHINGTON
IN SECTION 33, TOWNSHIP 31 NORTH, RANGE 1
WEST, W.M. SAID JEFFERSON COUNTY;
ESTABLISHING CONDITIONS TO THE STREET
VACATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council for the City of Port Townsend has considered
Street Vacation Application 9404-01, 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 July 18, 1994, as mended on August 15,
now, therefore,
1994;
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS
FOLLOWS:
Section 1. That all of the alley located in Block 47 of Fowler's Park Addition to
the City of Port Townsend as recorded in Volume 2 of Plats, Page 16, records of
Jefferson County, Washington in Section 33, Township 31 North, Range 1 West,
W.M. said Jefferson County is hereby vacated
Section 2: That the street vacation aforementioned is conditioned, however, upon
the following:
The portion of the alley to be vacated shall be limited to the area
described in Section 1.
Pagel
The applicant shall dedicate to the City by Dedication Deed free and
clear of all encumbrances, the easterly 12.00 feet of Block 47 of
Fowler's Park Addition to the City of Port Townsend as recorded in
Volume 2 of Plats, Page 16, records of Jefferson County, Washington in
Section 33, Township 31 North, Range 1 West, W.M. said Jefferson
County.
Section 3: The City Council finds that the dedication of land by the applicant to the
City as set forth in Section 2(B) of this Ordinance is fair and adequate compensation
for the street vacation provided for herein pursuant to the Ordinances of the City.
Section 4: 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 1 and 2 of this ordinance and after a
dedication of the area to the City described in Section 2 (B) has been recorded.
Section 5: That the street vacation provided for herein shall be canceled and become
automatically null and void one year from the date of passage of this Ordinance by the
City Council, if the conditions set forth in Section 2 of this Ordinance have not
been met.
Read for the first, second and third times, passed by the City
Port Townsend and signed by the Mayor of the City this ~d~
David A. Grove, Clerk Treasurer
A/t~e~t~ f°~
'lTt"'-----
T~o~]al~an, City A~omey
Filed ~ ~e CiW Clerk: ti [gl]~V
P~sed by ~e CiW Co~cil: a,lt
~blished:
Recorded:
Effe~ive Dine: il[~$/q~
r the City of
, 1994.
>hn Clise, Mayor
Page2
AFTER RECORDING, RETURN TO: I!
Bulldog & Commu~ty D~velopn~mt
City of Port Towr~nd
540 Water Strut
Port Townsend, WA 98368
Jefferson Title/44624-R
Ordinance No. 2 ~
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND
SUPPING ORDINANCE NO. 2432, VACATING ALL OF THE ALLEY
LOCATED IN BLOCK 47 OF FOWLER'S PARK ADDITION TO. THE CITY OF
PORT TOWNSEND AS RECORDED IN VOLUME 2 OF PLATS, PAGE 16,
RECORDS OF JEFFERSON COUNTY, WASHINGTON IN SECTION 33,
TOWNSHIP 3I NORTH, RANGE 1 WEST, W.M.., SITUATED IN JEFFERSON
COUNTY; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City Council for the City of Port Townsend has considered Street
Vacation Application 9404-01, and following due notice, 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 July 18, 1994, as amended on August 15, 1994, and on September 18,
1995,
NOW, THEREFORE, the City'Council of the City of Port ToWnsend does ordain as
follows: :
Section 1. That all of the alley located in Block 47 of Fowler's Park Addition to the
City of Port Townsend as recorded in Volume 2 of Plats, Page 16, records of Jefferson County',
Washington in Section 33, Township 31 North, Range 1 West, W.M., situated in Jefferson
County is hereby vacated. :
Section 2.
following:
That the street vacation aforementioned is conditioned, however,, upon the
Ao
The portion of thc alley to be vacated shall .be limited to the. area described in
Section 1.
The apphcant and ali other benefited property owners shall convey to the City an
"Open Space and Utility Easement,' free and clear of all encumbrances, over the
easterly 12.00 feet of Block 47 of Fowler's Park Addition to the City of Port
Townsend as' recorded in Volume 2 of Plats, Page 16, records of Jefferson
County, Washington in Section 33, Township 31 North, Range 1 West, W.M.,
situated in Jefferson County. NO REAL ESTATE
SALES TAX. REQUIKED
COUNTY TREASURER,
Section 3. The City Council finds that the easement conveyance over ~e land by the
applicant to the City as set forth in Section 2(B) of this ordinance is fair and adequate
compensation for the street vacation provided for herein pursuant to City ordinances.
Section 4. That the street vacation provided for herein shall be canceled andbecome
automatically null and void on. November 21, 1995 if the conditions set forth in Section 2 of this
ordinance have not been met.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law, and after it has been recorded.with the Jefferson. County Auditor
pursuant to Sections 1 and 2 of this ordinance, and after recording conveyance of the easement
to the City described in Section 2(B):
Read for the first, second, and 'third times ar~d~p~ss~ by the City Council of the City of
Port1995.Townsend, Waslxington, at a regular meehng thereo~ h~ld this. '18th day of September,
Jo~i~ M. Clise, Mayor
Attest: ½.
~Acting City Clerk
, Tir}iofl~L.]~M~la~, 'City Attorney
VERIFICATION AND APPROVAL BY APPLICANT:
The applicant, Kenneth McBride, President of McBride Properties, Inc., hereby warrants that
he has reviewed and approves this Ordinance amending and superseding' City of Port Townsend
Ordinance No. 2432.
Ke'fuieth McBride, President, McBride. Properties, Inc.
09/11/95 [95-004] Ord\{McBr004.doc}
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