HomeMy WebLinkAbout3336 Vacating a 30x60-Foot Portion of the Reed Street Right-of-Way Abutting Lot 2, Block 25, Mountain View 2nd Addition; Authorizing Exchange of 30x50 Foot Portion of Reed Street for 10x266 Feet of Private Property; Providing for...City Clerk
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
ORDINANCE NO.3336
AN ORDINANCE VACATING A 30 X 60-FOOT PORTION OF THE REED
STREET RIGHT-OF-WAY ABUTTING LOT 2, BLOCK 25, MOUNTAIN VIEW
2ND ADDITION; AUTHORIZING EXCHANGE OF 30 X 50 FOOT PORTION
OF REED STREET FOR 10 X 266 FEET OF PRIVATE PROPERTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE
Reference Documents: Right -of -Way Deed, AFN
Lot Line Adjustment Statement of Intent, AFN
Record of Survey, AFN
Grantor: City of Port Townsend, a municipal corporation
Grantee: Lawrence P. Johnson
Assessor's Parcel Numbers: 974-402-501 and 974-402-502
Abbreviated Legal Description: Lots 1, 2, 3 and 4 in Block 25 of Mountain View
2nd Addition with portions of previously vacated adjacent Reed Street and adjacent
Adams Street.
WHEREAS, Port Townsend Municipal Code ("PTMC") Chapter 12.20 governs street and right-
of-way vacation procedures; and
WHEREAS, the Port Townsend City Council considered a city -initiated request to vacate a
portion of Reed Street (LUP21-088) and, following due notice, held a public hearing on the
application on November 22, 2021; and
WHEREAS, the vacation involves a portion of unopened Reed Street right-of-way abutting Lot
2, Block 25 within the Plat of Mountain View 2nd Addition. The partial vacation area is 30 feet
in width and 60 feet long for a total land area of 1,800 square feet; and
WHEREAS, Council adopted Findings of Fact and Conclusions at the end of their November
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22, 2021 public hearing (Resolution 21-075), which conditionally approved the partial street
vacation subject to conditions (the "Reed Street Vacation"); and
WHEREAS, Larry Johnson, the abutting property owner to the north, has offered to dedicate to
the City a ten -foot wide 10' x 266' strip (2,660 square feet) strip of his property along the west
property line boundary of subject Lots 1, 3 and 4 Block 25 within the Plat of Mountain View 2nd
Addition that includes portions of the existing Chestnut Street trail in exchange for a 30 x 50'
foot portion of Reed Street; and
WHEREAS, Resolution 21-076 documents Council support of the proposed land exchange with
Johnson. The north 30' x 50' (1,500 square feet) of Reed would be transferred to Larry Johnson
in exchange for a 7' wide x 265' long strip (1,855 square feet) of Mr. Johnson's private property
along the Chestnut Street right-of-way for the purpose of the City securing portions of the
Chestnut Street trail currently on Mr. Johnson's property. The remaining ten feet of vacated Reed
will be retained by the City to preserve the option for trail use and to accommodate the existing
Reed Street to Chestnut Trail connector. A subsequent survey determined that a 10' wide x 266'
strip (2,660 square feet) was necessary to encompass the existing Chestnut Street Trail. Mr.
Johnson has agreed that the additional 3' of width does not affect the "even exchange"; and
WHEREAS, Council finds conditions of the Reed Street Vacation have been substantially
completed, as required by PTMC 12.20.070:
a) Mr. Johnson has submitted for, and received the DSD Director's approval of, a Type II
Lot Line Adjustment that reflects the vacation and land exchange.
b) Mr. Johnson has prepared a LLA survey and statement of intent ("SOI") in a form
suitable for recording. In conjunction with the survey and SOI, Mr. Johnson shall have a
licensed surveyor prepare the legal descriptions of the properties to be exchanged.
c) Mr. Johnson has executed and returned a Right -of -Way deed (or other instrument
acceptable to the City Attorney) for the additional Chestnut Street right-of-way being
conveyed to the City. The document is complete and ready for recording.
d) Parks staff have been directed to relocate the non -motorized trail in Reed Street out of the
vacation area. Trail relocation will be accomplished in April -May 2024.
e) City Public Works staff have provided written determination documenting the equal
values of lands being exchanged; and
WHEREAS, the City Council finds that the City has no future need for the public right-of-way
to be used as a street for vehicle travel and there is no need to retain any easements over said
right-of-way; and
WHEREAS, the City Council finds that the public interest can, subject to conditions, be best
served by the Reed Street Vacation; and
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WHEREAS, the City Council finds the Reed Street Vacation, as conditioned, is in the public
interest and consistent with the criteria for a street vacation contained in PTMC 12.20.060; and
WHEREAS, the City Council finds that the right-of-way, as described herein and subject to
conditions, should be vacated.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
Section 1. Recitals. The Recitals set forth above are hereby adopted and incorporated as
Findings of Fact and/or Conclusion of Law of the City Council. The City Council bases its
findings and conclusions on the entire record of testimony and exhibits, including all written and
oral testimony before the City Council.
Section 2. Public Right -of -Way Vacated. The following right-of-way is hereby vacated subject
to Conditions in Section 4:
That 30 x 60-foot portion of Reed Street abutting Mountain View 2nd Addition
Block 25 Lots 1, 2(All), 3 (E'LY10') W/N'LY 50' Vacated Reed Street & Portion of
Vacated Adams Street adjacent to Lot 2, generally lying west of Quincy Street and
immediately north of the City's Morgan Hill Reservoir in the Mountain View
Addition, Situate in Jefferson County, Washington.
Section 3. Land Exchange. The City Manager is hereby authorized to execute, record, and file
necessary agreements and documents on behalf of the City to effect and implement the land
exchange granting Larry Johnson the northerly 30'x 50' foot portion of Reed Street in exchange for
a 10'x 266' strip of Johnson's property along the west property line boundary of subject Lots 1-4
Block 25 Mt. View 2nd Addition & portions of adjacent vacated streets APN 974-402-502 (Parcel A)
& 974-402-501 (Parcel B). This land exchange constitutes fair value compensation to the City; the
value of property received will be equal to or greater than the value of the right-of-way vacated.
Section 4. Conditions of Recording. This Ordinance shall be recorded in conjunction with:
a. Mr. Johnson's Lot Line Adjustment ("LLA") survey and Statement of Intent
("SOI") as approved by the PCD Director (LUP22-064) reflecting the land exchange
as described in Section 3 above.
b. The Right -of -Way Deed offered in exchange for the vacation area.
This vacation and the transfer of title shall be effective at such time as this Ordinance is properly
published and recorded in the office of the County Auditor. Mr. Johnson is responsible for all
costs associated with recording of documents related to the Lot Line Adjustment, Street Vacation
and the Right -of -Way Deed.
Section 5. Expiration upon Failure to Record. This Ordinance and above documents
shall be recorded within 90 days of adoption, or this Ordinance shall be null and void.
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Section 6. Corrections. The City Clerk and codifiers of the ordinance are authorized to make
necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, Ordinance numbering, section/subsection numbers and any
references thereto.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect
the validity or effectiveness of the remaining portions of this ordinance.
Section 8. Effective Date. 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 3 of this Ordinance.
Adopted by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this 15th of April, 2024.
................
David Faber, Mayo��""
Attest.,
Alys.- odrigue y Clerk
Filed with the City Clerk:
Passed by the City Council:
Published: t,j-Qq-
Recorded:
Effective Date:
Ordinance 3336