HomeMy WebLinkAbout2746 Establishing a 10' Strip of Property as Public Right-of-way in Block 40 of Port Townsend Original TownsiteOrdinance No. 2746
AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AND
ESTABLISHING A CERTAIN TEN FOOT STRIP OF PROPERTY AS RIGHT
OF WAY
WHEREAS, the City of Port Townsend received a deed from E.M. Starrett and
F.R.W. Stevens, under Auditor's file No. 66474, recorded in Vol. 101 of Deeds, page,
359, Records of Jefferson County, to a certain ten (10) foot strip ("strip" or "ten foot
strip") legally described as follows:
All of the Southerly ten (10) feet of West half of Lot Four (4); the Southerly ten
(10) feet of lots six (6) and eight (8); all in Block No. Forty (40) Original Townsite
- Port Townsend, Washington, according to the Official Plat thereof.
WHEREAS, there is no indication on the deed concerning the reason for the
acquisition, and the are no City records that have been located that indicate the reason for
the deeding of this strip to the City, and
WHEREAS, over the years, the City has processed building permits for
development in the vicinity of the strip, apparently recognizing that fire access and egress
and ingress existed to the properties for which permits were issued over the strip or over
adjacent public property, and
WHEREAS, the Council finds and concludes that the ten foot strip was in
likelihood intended to be conveyed to the City as right of way and was received by the City
for use as a right of way, and
WHEREAS, declaring the ten foot strip as right of way recognizes long standing
public uses of the strip for access and other public uses, including parking, and provides
legal access onto right of way for properties adjacent to the ten foot strip
WHEREAS, declaring the ten foot strip as right of way serves the public interest
by establishing a right of way for public access from Tyler Street to a number of businesses
and properties, and
WHEREAS, declaring the ten foot strip as right of way serves the public interest
by providing a link to a potential future right of way designation connecting this ten foot
strip to Washington Street, thereby providing a right of way from Tyler Street to
Washington Street in this vicinity, and utilizing an existing stairway long used by the
public for access to this area, and
NOW, THEREFORE, the City Council of the City of Port Townsend do ordain as
follows:
SECTION 1. Right of Way Designated. The City Council of the City of Port
Townsend hereby declares and designates the following described real property as a public
right of way:
All of the Southerly ten (10) feet of West half of Lot Four (4); the Southerly ten
(10) feet of lots six (6) and eight (8); all in Block No. Forty (40) Original Townsite
- Port Townsend, Washington, according to the Official Plat thereof.
SECTION 2. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
SECTION 3. Effective Date. This ordinance shall take effect and be in force five
days after the date of its publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 21 day of A~~000.
~eoff Masci, Mayor
Attest:
Approved as to Form:
Pam Kolacy, City Cle0c
John P. Watts, City Attorney
8/22/2000 1:49 PM
caG:Ord { 1004194-15minpark.doc}
Ord.