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HomeMy WebLinkAbout2925 Vacating a Portion of 21st Street in Eisenbeis Addition and O.C. Hastings Supplemental Addition - Morton/Kaase/Leinbach/Mayshark 1111111111111111111111 :.~~:~38 08/01/2006 01: 41P Jefferson County F1ud JOHN MORTON _ ___~!L 34.0Q____ Pam Kolacy, City Clerk City of Port Townsend Waterman & Katz Building 181 Quincy Street, Suite 201 Port Townsend, W A 98368 ORDINANCE 2925 AN ORDINANCE VACATING A PORTION OF 21 ST STREET LYING BETWEEN HILL STREET AND JACKMAN STREET AND WHICH LIES IN TWO SEPARATE PLATS, THE EISENBEIS ADDITION AND THE O,c, HASTINGS SUPPLEMENTAL ADDITION; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE Assessors Parcel Numbers: 948-304-303,001-034-024,958-200-601,948-304-301, 985-200-701 Grantor: Grantees: City of Port Townsend, a municipal corporation John & Joyce Morton, husband & wife Herbert Paul Kaase, an unmarried man Susan E. Leinbach, an unmarried woman Holly Mayshark, an unmarried woman, as her separate estate Reference Documents: Record of Survey, Auditor's File No, ~\ ,?QOOl WHEREAS, the City Council for the City of Port Townsend has considered Street Vacation Application No, LUP05-065 (Morton, Kaase, Leinbach & Mayshark) and following due notice has held a public hearing upon the application; and WHEREAS, the vacation request involves a portion of21S! street lying between Hill Street and Jackman Street, The subject right-of-way lies in two separate plats, the Eisenbeis Addition and the O.c' Hastings Supplemental Addition; and WHEREAS, the City Council for the City of Port Townsend adopted its Findings of Fact and Conclusions on December 19, 2005; and Page 1 Ordinance 2925 1IIIlllllIlllll\\ \11 \\IIIIlI\lIlllllll\l\ III ~~~ 1~~~5~ 41P , Jeffer--.!~~~untYB.-u~__JO~~~~r~_ __ .~R~_~4.00 ---- WHEREAS, the Council's Findings and Conclusions approved in concept the proposed vacation, subject to petitioner paying for an appraisal of said right -of-way and paying 100% of the appraised value of the land; and WHEREAS, the Council's Findings and Conclusions also conditioned the vacation approval upon petitioner submitting a Lot Line Adjustment application to merge the vacated right-of-way into each petitioner's adjoining lands and upon agreeing to have a Record of Survey performed that would illustrate these mergers. Said Record of Survey would further illustrate reservation of a 20-foot wide utility and non-motorized access easement on behalf of the public; and WHEREAS, petitioner has now paid full appraised value of the subject alley to the City and has submitted a Lot Line Adjustment application, which is being processed by the DSD staff subject to final approval of the vacation Ordinance by Council; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1, Subject to the conditions in Section 2 of this Ordinance, the following rights-of- way are hereby vacated: That portion of the 21 sl Street right-of-way lying west of Hill Street and east of Jackman Street on the north side of Block 43, in the Eisenbeis Addition to the City of Port Townsend, as per plat recorded in Volume 2 of Plats, page 24, Records of Jefferson County, Washington. That portion of the 21 st Street right-of-way lying west of Hill Street, lying between Blocks 6 & 7, in the O,c' Hastings Addition to the City of Port Townsend, recorded in Volume I of Plats, page 93, Records of Jefferson County, Washington, The specific portions of the above rights-of-way that will be merged into petitioners' adjoining lands is as depicted on the Record of Survey done in conjunction with this vacation and filed under Auditor's File No, 51~"l. 04 Section 2, Vacation of the aforementioned alley right-of-way is conditioned on the following: a, Once approved, petitioners shall adhere to all conditions of the Lot Line Adjustment being processed by the City DSD Department (File No. LUP06- 035). Said Lot Line Adjustment merges the vacated right-of-way into each of the petitioners adjoining properties via the recording of a Record of Survey. The Record of Survey shall be recorded with the Jefferson County Page 2 Ordinance 2925 111111111111111111111 II ~~~;~~~5~41P Jef fer~l?n_ COlJn~F1u~ JOHN MORTO~_ i>_RD 3~0 Auditor consecutively with the recording of this street vacation Ordinance. Each of these documents shall provide an Auditor's File Number cross reference to the other. The petitioner shall pay for all fees associated with recording the above 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 with the Jefferson County Auditor pursuant to Section 2 of this ordinance, Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this seventeenth day of July, 2006, Attest: Approved as to Form: CJanv-6- ~b- Pamela Kolacy, CMC, City Cle ~ John Watts, City Attorney Page 3 Ordinance 2925