HomeMy WebLinkAbout3080 Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date 577791 PGS : 3 ORD
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Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
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Ordinance 3080
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Pam Kolacy, MMC, City Clerk
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
ORDINANCE NO. 3080
AN ORDINANCE VACATING A PORTION OF MADISON STREET RIGHT OF
WAY ASSOCIATED WITH CITY DOCK; ESTABLISHING AN EFFECTIVE
DATE
Grantor: City of Port Townsend, a municipal corporation
Grantees: Port of Port Townsend, a municipal corporation
RECITALS:
A. The City Council held a public hearing, following due notice, on July 16, 2012 on several
matters that implement an Agreement dated June 13, 2012 between the City and the Port.
The Agreement is based on A Joint Resolution of the City Council of the City of Port
Townsend, Washington and the Commission of the Port of Port Townsend (City
Resolution No. 12-022 and Port Resolution No. 575-12, May 21, 2012), and provides for
a tentative settlement agreement of matters of mutual concern to the City and the Port,
including, on closing, the transfer of the Port's interest in property in the vicinity of Kah
Tai Lagoon to the City.
B. One of the matters is the transfer of City Dock and Union Wharf to the Port. The
Agreement provides for the City Council to consider an Ordinance that transfers the
entire City ownership interest in City Dock (excluding the Pope Marine Building) and
Union Wharf to the Port, subject to continued free pedestrian public access to the
structures, provided that allowed commercial uses of the docks will not be precluded; and
proper maintenance of the docks.
C. As part of the transfer of City Dock to the Port, this Ordinance provides for the street
Ordinance 3080
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vacation of Madison Street underlying the portion of City Dock that is being transferred
to the Port, and the transfer of the City interest in the vacated right of way to the Port.
D. The proposed street vacation of Madison Street associated with City Dock (excluding the
Pope Marine Building) meets the review criteria in PTMC 12.20.060 Review criteria.
1. The proposed vacated right-of-way is not required for current or anticipated
overall area motor vehicle circulation; and
2. The current and anticipated future effectiveness of fire, law enforcement, medical
or other emergency services will not be unduly impaired by the proposed vacated
right-of-way; and
3. The current and anticipated future needs for public transportation service (transit),
mail delivery, private utility service delivery, solid waste collection service and
other public service delivery will not be unduly impaired by the proposed vacated
right-of-way; and
4. The proposed vacated right-of-way is not required as a current or anticipated
utility corridor(suitable water, sewer, storm sewer); and
5. The proposed vacated right-of-way is not required as a current or anticipated
bicycle, pedestrian or equestrian pathway, trail or sidewalk corridor; and
6. The proposed vacation will not increase the potential for disturbance of an
environmentally sensitive area(ESA), as defined by Chapter 19.05 PTMC,
including ESAs situated within and outside of the street, right-of-way or alley
proposed for vacation; and
7. The proposed vacated streets, rights-of-way or alleys meet the limitation in RCW
35.79.035 on vacations that abut salt water because the vacations are for port
purposes and public uses.
NOW, THEREFORE,the City Council of the City of Port Townsend ordains as
follows:
Section 1. Madison Street underlying the portion of City Dock that is being transferred to the
Port is hereby vacated, without cost.
Section 2. The City Manager is authorized to attach to this Ordinance a map showing the
portion of Madison Street that is being vacated. The City Manager is authorized to execute
all necessary instruments that transfer the City's interest in the vacated right of way to the
Ordinance 3080
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Port.
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. The Clerk shall not record the Ordinance until the City Manager and City Attorney
certify to the Clerk that the terms of an Agreement dated June 13, 2012 between the City and the
Port, including the closing of the transfer of the Port's Kah Tai property to the City, have been
met or are assured of being met.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this fourth day of September 2012.
r
David irig, Mayor
Attest: Approved as to Form:
Pamela Kolacy, MMC, City ClerN John P. Watts, City Attorney
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