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Home My WebLink About3079 Vacating Certain Rights of Way in Boat Haven including Portion of Jefferson Street, San Juan Ave 10th Street, 8th Street, and Hill Street and Alley 577790 PGS : 4 ORD 07124/2013 1 0:25 AM $35.00 FIRST AMERICAN TITLE Jefferson County WA Auditor's Office - Donna Eldridge, Auditor M111 pr fIa lig Ir KIrW f AlFiWit 011 WkVib 11111 Ordinance 3079 Vacating Certain Rights of Way in Boat Haven Page 1 of 4 Pam Kolacy, MMC, City Clerk City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 ORDINANCE NO. 3079 AN ORDINANCE VACATING CERTAIN RIGHTS OF WAY IN BOAT HAVEN (PROPERTY ZONED M-II(A) MARINE RELATED USES), INCLUDING PORTIONS OF JEFFERSON STREET, SAN JUAN AVENUE, IOTH STREET, 8TH STREET, LANDES STREET AND HILL STREET, AND THE ALLEY BETWEEN LANDES AND HILL, ESTABLISHING CONDITIONS TO THE STREET VACATION; AND 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 Boat Haven Street Vacations. The Agreement provides for the City Council to consider an Ordinance that vacates (terminates the City interest in) certain rights of way in Boat Haven (property zoned M-II(A) Marine Related Uses), including portions of Jefferson Street, San Juan Avenue, 1Oth Street, 8tl' Street, Landes Street and Hill Street, and the alley between Landes and Hill, subject to maintenance of traffic circulation through the Boat Haven consistent with the conditions specified in Street Ordinance 3079 Vacating Certain Rights of Way in Boat Haven Page 2 of 4 Vacation Ordinance No. 2487 (1995); dedication of sufficient right-of-way at the Haines Place entrance to the Boat Haven to enable the City to control all four corners of the intersection (i.e., to enhance opportunities for grant-funded intersection improvements). The rights of way proposed for vacation are shown on the attached map called Exhibit C. (There is no Exhibit A and B to this Ordinance. Exhibit C is entitled Exhibit C to the Agreement dated June 13, 2012 between the City and the Port.) C. Vacation of these rights-of-way(and the transfer of the abandoned railroad line) completes a process of vacating rights-of-way in Boat Haven, last undertaken by Ordinance 2487 (1995) which vacated a number of rights-of-way in Boat Haven, and helps ensure efficient facility management and planning within Boat Haven. D. The proposed street vacations meet the review criteria in PTMC 12.20.060 Review criteria. 1. With maintenance of traffic circulation through the Boat Haven consistent with the conditions specified in Street Vacation Ordinance No. 2487 (1995), the proposed vacated streets, rights-of-way and alleys are 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 vacation of the street, right-of-way or alley; 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 vacation of the street, right-of-way or alley; and 4. The proposed vacated streets, rights-of-way or alleys are not required as a current or anticipated utility corridor (suitable water, sewer, storm sewer); and 5. The proposed vacated streets, rights-of-way or alleys are 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. No portion of the proposed vacation abuts salt water. In any event, the proposed vacated streets, rights-of-way or alleys meet the limitation in RCW 35.79.035 on Ordinance 3079 Vacating Certain Rights of Way in Boat Haven Page 3 of 4 vacations that abut salt water because the vacations are for port purposes and public uses. E. The proposed street vacations are recommended by the City Manager, Public Works Director, and DSD Director. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. The streets,rights-of-way or alleys shown on Exhibit C attached to this Ordinance are hereby vacated, without cost, and by operation of law, are conveyed and released to the Port of Port Townsend, as adjacent property owner. The City Manager is authorized to sign all necessary documents that release the City's interest in the streets,rights-of-way or alleys shown on Exhibit C to the Port of Port Townsend. Section 2. Vacation of the alley right-of-way is conditioned on the following: 1. As provided in ordinance 2487 (adopted in 1995): "(T)he Port has agreed to maintain pedestrian access through the property. The Port shall either: a) maintain the existing pedestrian circulation pattern; b) develop it per the Port's adopted Comprehensive Plan; or c) submit an alternative plan for review and approval by the Director of Building and Community Development prior to eliminating the existing walkways along Washington Street. An east-west pedestrian access connection along the waterfront shall be maintained at all times; and "(T)he Port has agreed to maintain general traffic circulation and emergency access to city street standards. The Port shall either: a) maintain the existing transportation circulation pattern; b) develop it according to the Port's adopted Comprehensive Plan; or c) submit an alternative plan for review and approval by the Director of Building and Community Development prior to eliminating the existing roadways (i.e. Washington Street). An east-west connection between developed Haines Street and developed Benedict Street shall be open to the public at all times." 2. Dedication of sufficient right-of-way at the Haines Place entrance to the Boat Haven to enable the City to control all four corners of the intersection (i.e., to enhance opportunities for grant- funded intersection improvements). 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. 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 Ordinance 3079 Vacating Certain Rights of Way in Boat Haven Page 4 of 4 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 6th day of August 2012. C David King, Mayo Attest: Approved as to Form: Pamela Kolacy, MMC, City Clerk John P. Watts, City Attorney