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HomeMy WebLinkAbout2058 Vacating a Portion of Fourth Street3O6990 AN ORDINANCE VACATING THAT PORTIOn STREET LYING BETWEEN CLEVELAND STRE~'. ~D WILSON STREET IN THE CITY OF PORT TO~k%q~i-'~-~''-~ AND SETTING FORTH CONDITIONS TO THE EFFEC- TIVENESS OF THE STREET VACATION, AND ESTAB- LISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section That that portion of Fourth Street, lying between Cleveland Street and Wilson Street within the City of Port Townsend be, and the same is hereby vacated. Section 2 That the City of Port Townsend reserve and retains in the vacated street for itself, its successors and assigns, a twelve- foot wide utility easement, running six feet on either side from the center line of the aforesaid street, and for the complete length thereof. Section 3 That the vacation of the street as aforesaid is conditioned upon the following: A. That no access to or from Sims Way, State Road 20, to Block 274 of the Eisenbeis Addition to the City of Port Townsend, or to or from any part of the street herein vacated, shall be had to or from Sims Way. B. That no structures or growth of any kind shall be allowed within twenty feet of the Southerly boundary of the Sims Way/ State Road 20 right-of-way, which structures or growth exceed 20 feet in height. C. That the garage presently located on Lots ~ and 7 of Block . 274 of the Eisenbeis Addition, abutting Cleveland Street, shall be removed. D. That, prior to publication of this Ordinance and its effective date, a restrictive covenant shall be executed by the owners of the property described above, in a form and manner acceptable to the City of Port Townsend, providing for each of the above restric- tions, and providing further that no lot shall be sc)Id or transferred from the present owners, within Block . ~2.74 , of the Eisenbeis Addition, without their first being recorded an easement of at least twenty feet in width, providing for suitable access to and from said lot to a public street. The restrictive covenant shall run with the land, and the same shall not be modified or terminated in any way without the prior approval of the City of Port Townsend. Section 4 That this Ordinance shall be published after i~ complies with the conditions set forth herein, and compliance with Chapter 12.20 of the Port Townsend Municipal Code. Section 5 This Ordinance shall then take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend and approved by the Mayor this ~h day of December, 1986. Attest: ~ Dave Grove, City Clerk MAYOR, Brent Shirley ~p.'~ed as t/form: ~eithf ~. RXarper~ City Attorney