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Home My WebLink About2478 Amending Ordinance 2432 - Vacating an Alley in Block 47 of Fowler's Park AdditionAFTER RECORDING, RETURN TO: Building & Conununity Development City of Port Townsend 540 Water Street Port Townsend, WA 98368 Jefferson Title/44624-R Ordinance No. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING AND SUPERSEDING ORDINANCE NO. 2432, VACATING ALL OF THE ALLEY LOCATED IN BLOCK 47 OF FOWLER'S PARK ADDITION TO THE CITY OF PORT TOWNSEND AS RECORDED IN VOLUME 2 OF PLATS, PAGE 16, RECORDS OF JEFFERSON COUNTY, WASHINGTON IN SECTION 33, TOWNSHIP 31 NORTH, RANGE 1 WEST, W.M., SITUATED IN JEFFERSON COUNTY; ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council for the City of Port Townsend has considered Street Vacation Application 9404-01, and following due notice, held a public hearing upon the application; and WHEREAS, the City Council for the City of Port Townsend adopted its Findings of Fact and Conclusions on July 18, 1994, as amended on August 15, 1994, and on September 18, 1995, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. That all of the alley located in Block 47 of Fowler's Park Addition to the City of Port Townsend as recorded in Volume 2 of Plats, Page 16, records of Jefferson County, Washington in Section 33, Township 31 North, Range 1 West, W.M., situated in Jefferson County is hereby vacated. Section 2. That the street vacation aforementione~ is conditioned, however, upon the following: Ao The portion of the alley to be vacated shall be limited to the area described in Section 1. OcT 3 1995' 53'7 The applicant and all other benefited property owners shall convey to the City an "Open Space and Utility Easement," free and clear of all encumbrances, over the easterly 12.00 feet of Block 47 of Fowler's Park Addition to the City of Port Townsend as recorded in Volume 2 of Plats, Page 16, records of Jefferson County, Washington in Section 33, Township 31 North, Range 1 West, W.M., situated in Jefferson County. NO REAL ESTATE SALES TAX REQUIRED COUNTY TREASURER Section 3. The City Council finds that the easement conveyance over the land by the applicant to the City as set forth in Section 2(B) of this ordinance is fair and adequate compensation for the street vacation provided for herein pursuant to City ordinances. Section 4. That the street vacation provided for herein shall be canceled and become automatically null and void on November 21, 1995 if the conditions set forth in Section 2 of this ordinance have not been met. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law, and after it has been recorded with the Jefferson County Auditor pursuant to Sections 1 and 2 of this ordinance, and after recording conveyance of the easement to the City described in Section 2(B). Read for the first, second, and third times and passe Port1995.Townsend, Washington, at a regular/meetifig ther~...~ ~ Attest: ~A~cting~~ity C1 erk Tirho~C~Mahan, ~ty ttorney by the City Council of the City of h~,~ld this 18th day of September, Jo~ M. Clise, Mayor / VERIFICATION AND APPROVAL BY APPLICANT: The applicant, Kenneth McBride, President of McBride Properties, Inc., hereby warrants that he has reviewed and approves this Ordinance amending and superseding City of Port Townsend Ordinance No. 2432. Kenneth McBride, President, McBride Properties, Inc. Date: 09/11/95 [95-004] Ord\{McBr004.doc} 2 537 AFTER RECORDING, RETURN TO: Timothy L. McMaha~, City Attorney City of Port Townsend 540 Water Street Port Townsend, WA 98368 OPEN SPACE AND UTILITY EASEMENT FOR AND. IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, and in consideration of the street vacation set forth in City of Port Townsend Ordinance No. , the receipt of which is hereby acknowledged by the Grantor, Grantor, McBride Properties, Inc., a Washington corporation, hereby conveys and warrants, in perpetuity, to Grantee, the City of Port Townsend, a Washington municipal corporation, its successors and assigns, a perpetual, non-exclusive easement under, over, through and across the following described property situated in Jefferson County, Washington: The easterly 12.00 feet of Block 47 of Fowler's Park Addition to the City of Port Townsend, as recorded in Volume 2 of Plats, Page 16, Records of Jefferson County, Washington in Section 33, Township 31 North, Range 1 West, W.M., said Jefferson County. This easement is for the purpose of preserving the described property in perpetuity as undisturbed open space and for such waterlines, stormwater facilities, wastewater facilities, and any other utility purposes hereinafter constructed; SUBJECT TO THE FOLLOWING: 1. The described property shall be retained in its natural condition, provided, however, that Grantor and Grantor's successors and assigns may take necessary action to remove or prune trees or vegetation which may be in a diseased or deteriorated condition, thereby posing an imminent risk of harm to persons, property or built improvements upon adjacent properties; provided further, that in the event Grantor desires to remove or prune such trees or vegetation, Grantor shall fa'st notify and obtain the consent of Grantee's City Parks official; 2. Grantor shall not clear, improve, or construct any improvements upon the described property; 3. Grantee shall have the right at all times to enter the described property for the purpose of inspecting and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating any utility lines; 4. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee; 5. Members of public shall have the right of access to the property for pedestrian use. The Grantee may construct pedestrian trails on the property, at Grantee's discretion. IN WITNESS WHEREOF, this Easement is executed on this 2 ~ day of /g~)~,~ "3 'Lc- 1995. ' GRANTOR: McBride Properties, Inc. KENNETH R. McBRIDE STATE OF WASHINGTON ) COUNTY OF JEFFERSON ) On thisc~ day of ,4~r-4'q/~-r'.57'- , 1995, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared KENNETH R. McBRIDE, to me knoWn to be the President of McBride Properties, Inc., the Washington corporation that executed the foregoing Open Space and Utility Easement and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the corporation. and and official seal hereto affixed the day and year in this certificate above written. /- /NOTARY ~(.B~LIC in and for the State of Washington, residing at ~a'gT'--- My appointment expires: Port Townsend, a Washington M. Clise, Mayor ql/95 CA §Form\Real{MeBrEase. doc} Date: ~~~~_~ 1995 2 .l ' SECOND REVISION FINDINGS OF FACT AND CONCLUSIONS OF THE PORT TOWNSEND CITY COUNCIL Date: September 18, 1995 Street Vacation Request 9404-01, McBride Properties The above-referenced street vacation request was approved by the City Council on July 18, 1994, It was later determined that the alley to be vacated is 12 feet in width rather than 20 feet. The Council adopted its "First Revision" on August 15, 1994, amending the Findings and Conclusions to correct the alley width. To better serve the desires of applicant and the City that the property exchanged as compensation for the alley vacation retain its native character, and to correct legal deficiencies with the original proposal, this "Second Revision is submitted. REVISIONS: 1. Findings of Fact No. 4 is hereby amended as follows: The applicant has requested that the area cited above be accepted by the City in the form of an "Open Space and Utility Easement" in exchange for the area to be vacated. 2. Condition No. 1 is hereby amended as follows: Prior to passage recording of an ordinance by the City Council vacating the alley, the applicant and any other benefited property owners shall v,,~v ............. ....... e,,~ ,,~, ......... execute and deliver to the City Attorney's Office an "Open Space and Utility Easemelat" in a form attached hereto, approved by the City Attorney, which agreement easement shall be fully executed and recorded. This agreement easement shall exchange with the city easement rights over the easterly 12 feet of Block 47, Fowler's Park Addition, for the vacation of the 12-foot-wide alley right-of- way within this block. DATED this day of September, 1995. Attest: John M. Clise, Mayor Michael Hildt, Acting City Clerk Approved as to .form: Timothy L. McMahan, City Attorney [95-004] 09112/95 Ord{FFC004.doc}