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HomeMy WebLinkAbout2429 Vacating a Portion of 32nd, 33rd, Pettygrove and Haines Streets and Woodland Avenue in the H.L. Tibbals, Jr. 2nd Addition and Littlefield's Addition377501 ORDINANCE NO. AN ORDINANCE VACATING CERTAIN PORTIONS OF PLATTED 33RD AND 32ND STREETS, PETTYGROVE AND HAINES STREETS AND WOODLAND AVENUE LYING WITHIN BLOCKS 3, 4, 5 AND 9 IN THE H. L. TIBBALS JR. 2ND ADDITION TO THE CITY OF PORT TOWNSEND, AND BLOCKS 1, 2, 3 AND 4 IN THE LITTLEFIELD'S ADDITION TO THE CITY OF PORT TOWNSEND; 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 No. 9106-04, 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 December 6, 1993, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1. That the following described portions of streets are hereby vacated to Rosewind Co-housing Association, a non-profit Washington Corporation: The North 15 feet of 33rd Street adjacent to Block 9 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington, less the East 30 feet thereof and less the West 5 feet thereof. The South 20 feet of33rd~treet adjacent to Block 4 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington, less the East 50 feet thereOf and less the West 10 feet thereof. All of Pettygrove Street adjacent to Blocks 3 and 4 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington. That portion of 32nd Street adjacent to Block 1 of Littlefield's Addition to the City of Port Townsend per Vol. 2 of Plats,' Page 45, records of Jefferson County, Washington described as follows: commencing at the NW comer of said Block 1 the true point of beginning; thence N 89°34'51" E along the north line of said Block 1 a distance of 150 feet; thence N 0o25'09" W 50.45 feet to the South line of Block 2 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, page 46; thence S 89°24'26" W along said South line 70.00 feet; thence S 0o25'09" E 40.24 feet; 10 feet to the true point of beginning. ?/9oA Section 2, The North 35 feet of Woodland Avenue adjacent to Lots 9 and 10, Block 1 of Littlefield's Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 45, records of Jefferson County, Washington. The North 20 feet of Haines Street between Blocks 3 and 4 of Littlefield's Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 45, records of Jefferson County, Washington, less the East 20 feet thereof. That the street vacation aforementioned is conditioned, howeVer, on the following: The applicant shall 'dedicate to the City of Port Townsend, by Dedication Deed, the following described property: The West 5 feet of Lots 4 and 5, Block 9 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington. The East 25 feet of Lot 1, Block 9 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington. Commencing at the NW comer of Block 4 of H. L. Tibbals Jr. 2nd Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 46, records of Jefferson County, Washington; thence S 0°00'09* E along the West line of said Block 4, 59.00 feet to the tree point of beginning; thence S 80°31'54~ E 177.44 feet; thence N 0°00'09" W 90.00 feet to the North line of said Block 4; thence N 89°24'26M E along said North line 20.00 feet; thence S 0°00'09~ E 96.32 feet; thence S 48°52'30* E 155.79 feet to the South line of Block 3 of said Tibbals Addition; thence S 89°24'26* W along said South line 30.06 feet; thence N 48o52'30" W 142.44 feet; thence N 80°31'54* W 177.44 to the west line of said Block 4; thence N 0°00'09~ E along said West line 15.21 feet to the true point of beginning. The North 50 feet of Lot 1I, Block 4 of Littlefield's Addition to the City of Port Townsend as per Vol. 2 of Plats, Page 45, records of Jefferson County, Washington. The East 10 feet of Lots 1 and 2, Block 3 of Littlefield's Addition to the City of Port Townsend as per Vol. 2, Page 45, records of Jefferson County, Washington. The West 20 feet of the South 70 feet of Lot 4, Block 3 of Littlefield's Addition to the City of Port Townsend as per vol. 2 of Plats, Page 45, records of Jefferson County, Washington. A certified copy of the ordinance vacating the streets shall be recorded by the City in the office of the Jefferson County Auditor upon receipt by the City of all dedication deeds, properly executed and recorded. The street vacation shall be canceled and become automatically null and void one year after City Council action if said dedications have not been made. Utility easements as indicated On the Rosewind Sewer Plan (Exhibit E) and the Rosewind Water Plan (Exhibit F) shall be retained by the City. 518 A certified survey recording all of the proposed vacations and utility and pedestrian easements shall be submitted to, and approved by the Director of Planning, and recorded with the Jefferson County Auditor. A restrictive covenant agreement shall be executed and recorded which joins together Lot 3 and Lot 4, Block 2, H. L. Tibbals Jr. 2nd Addition, to constitute a single building site. The restrictive covenant agreement shall be in a form and manner approved by the City Attorney and shall be recorded with the Jefferson County Auditor prior to passage by the City Council of an Ordinance approving the proposed vacations. Section 3'. The standard fee of one-half of the appraised value of the land shall be waived as the property owner has dedicated right-of-way to the City which is equal in value to the right-of-way being vacated. 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 2 of this ordinance. Read for the first, second and third times, passed by the Town,se,fnd and si~ned by the mayor of the /~ ~.~Z~--L.-~ , 1994. Council for the City of Port day of Clise, Mayor Attest: David A. Grove, City Clerk 5:1.8