HomeMy WebLinkAbout2350 Vacating Right-of-Way and a Portion of Magnolia Street in Fowler's Park AdditionORDINANCE NO. ,~3-%''-0
OF OFFICIAL
REOUEST%
, :FFEP, SOt' COUNTY'AUDITOR
AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED WITHIN THE
FOWLER'S PARK ADDITION TO THE CITY OF PORT TOWNSEND.
VACATING THAT PORTION OF MAGNOLIA STREET, LYING SOUTH
OF COOK AVENUE AND ADJACENT TO LOT 7, BLOCK 38 TO THE
WEST AND LOTS 5, 6 AND 7, BLOCK 39 TO THE EAST; ALONG
WITH THAT PORTION OF THE 12-FOOT ALLEY IN BLOCK 31,
LYING SOUTHERLY OF THE WESTERLY EXTENSION OF THE SOUTH
LINE OF THE NORTH 1/2 OF LOT 26 OF SAID BLOCK; AND
ALONG WITH THE 12-FOOT ALLEY iN BLOCK 38, EXCEPT THE
NORTHErlY 20 FEET THEREOF (MEASURED PARALLEL TO PLATTED
COOK AVENUE;) ESTABLISHING CONDITIONS TO THE STREET
VACATION; AND ESTA~LISHINGAN EFFECTIVE DATE
WHEREAS, the City Council for the City of Port Townsend has
considered Street Vacation Application 9101-08, 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 2, 1992, now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS
FOLLOWS:
Section 1. That portion of Magnolia Street, lying south of Cook
Avenue and adjacent to Lot 7 Block 38 to the west and Lots 5, 6
and 7, Block 39 to the east; along with that portion of the 12-
foot alley in Block 31, lying southerly of the westerly extension
of the south line of the north 1/2 of Lot 26 of said block; along
with the 12-foot alley in Block 38, except the northerly 20 feet
thereof (measured parallel to platted Cook Avenue) all lying
within the Fowler's Park Addition to the City of Port Townsend
are hereby vacated.
~ection 2. That the street vacation aforementioned is
conditioned, however, on the following:
A twenty-five foot easement for utilities shall be retained
along the centerline of the vacated portion of Magnolia
Street.
407
HAR 1 8
A ten-foot-wide easement at the center of the vacated
Magnolia Street shall be reserved for non-motorized vehicle
and pedestrian trail use.
Ce
The applicants shall execute conditions, covenants and
restrictions to which the City is a party, on Lots 1-6 Block
38 and Lots 1-4 of Block 31 which prohibits direct access to
those lots from Cook Avenue. Access to these properties
will be obtained from the right-of-ways labeled "Magnolia
Place" and "Bell Place" on Exhibit C.
The applicants shall dedicate a 8-foot right-of-way and
hammerhead turn-around as shown in "Exhibit A" and an
additional 20-foot right-of-way in Block 38 as shown in
"Exhibit B". Said dedications shall be reviewed and
approved by the City Attorney prior to recording.
Title insurance naming the City as the insured shall also be
provided by the applicant for the area to be deeded to the
City. The preliminary title report shall be reviewed by the
City Attorney.
Section 3. The standard fee of one-half the appraised value of
the land shall be waived as the property owner will be dedicating
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 ~or the first, second and thir~es, passed by the City
Council for,the CitW of Port Town.nd an~ signed by the Mayor of
the City this ./j~- day of
·
// ~"~ohn Clise, Mayor
Attest:
5avid a~ Grove,~&rk ~rea~r
Approved as to form:
Dennis McLerran, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Recorded:
Effective Date:
4O7