HomeMy WebLinkAbout2012 Vacating a Portion of Gaines Street ORDINANCE NO. ~
AN ORDINANCE VACATING GAINES STREET BETWEEN WASHINGTON AND
JEFFERSON STREETS
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR
SESSION ASSEMBLED, DO ORDAIN~AS FOLLOWS'
Section 1. That portion of Gaines Street lying between
Washington Street and Jefferson Street within the City of Port
Townsend be and the same is hereby vacated.
Section 2. That the City reserves and retains in the vacated
street, for itself, the public and its successors and assigns, an
easement and the right to exercise and grant easements over, above,
under and upon said vacated street, consisting of twelve (12) feet
running six (6) feet on either side from the centerline of said
vacated street, for the construction, repair, maintenance, use and
operation of any and all public util~tie~.ar~dservices; and a similar
easement therein~ is retained over said portion of the vacated street
for pedestrian, bicycle, and equestrian purposes.
Section 3, That this ordinance shall not be published or take
effect until the owners of property abutting upon the street herein
vacated pay to the City of Port Townsend one-half of the appraised
value of the area so vacated, which payment shall be evidenced by
a written receipt of the City Treasurer.
Section 4. That this ordinance shall take effect otherwise
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 and approved by the Mayor of the City on May
...... ,1985.
DAVE G
KEITH C. ~tARPER, City Attorney
MAYOR BRENT SHIRL~
DIRECTIVE AS TO COVENANTS
WHEREAS, Services Activities Corporation filed with the
City of Port Townsend Street Vacation Application No. 185-02
seeking to vacate that portion of Gaines Street lying between
Washington and Jefferson Streets within the City of Port
Townsend, and
WHEREAS, following consideration by the Planning Commission
and the City Council, the City Council voted by motion on May 7,
1985, to approve said street vacation subject to certain condi-
tions, and
WHEREAS, the City Council has with this directive _-approved
Ordinance No. ~/~ providing for the vacation of said street
and wish to provide for fulfillment of said conditions prior
to the effective date of said ordinance, now therefore
1. Ordinance No. ~;~ Shall not become effective and
shall not be published until the applicant and adjoining land
owners abutting the vacated street present to the City for
its approval and for recording with the Jefferson County
Auditor restrictive covenants providing that direct access
within the area proposed for vacation along Sims Way/State Route
20 be limited to no more than one (1) joint use access point.
2. Subject to the same conditions, the applicant shall
also have all existing utilities located and identified with
properly drawn easements of sufficient width as would allow for
the proper maintenance and replacement and operation of those
utilities, and shall also present to the City for its approval
a pedestrian trail corridor easement over and across the
subject area, taking into consideration the possibility of
future grade revision in the vicinity of the street vacated
and providing for continuous pedestrian access across the site.
Passed and approved by the City Council for the City of
Port Townsend and signed by the Mayor this 2;~rday_of May, 1985.
Dave Grove, City Clerk
Appro~ asI t~ ~m: