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HomeMy WebLinkAbout2350 Vacating Right-of-Way and a Portion of Magnolia Street in Fowler's Park AdditionORDINANCE NO. ,~3-%''-0 OF OFFICIAL REOUEST% , :FFEP, SOt' COUNTY'AUDITOR AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED WITHIN THE FOWLER'S PARK ADDITION TO THE CITY OF PORT TOWNSEND. VACATING THAT PORTION OF MAGNOLIA STREET, LYING SOUTH OF COOK AVENUE AND ADJACENT TO LOT 7, BLOCK 38 TO THE WEST AND LOTS 5, 6 AND 7, BLOCK 39 TO THE EAST; ALONG WITH THAT PORTION OF THE 12-FOOT ALLEY IN BLOCK 31, LYING SOUTHERLY OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 1/2 OF LOT 26 OF SAID BLOCK; AND ALONG WITH THE 12-FOOT ALLEY iN BLOCK 38, EXCEPT THE NORTHErlY 20 FEET THEREOF (MEASURED PARALLEL TO PLATTED COOK AVENUE;) ESTABLISHING CONDITIONS TO THE STREET VACATION; AND ESTA~LISHINGAN EFFECTIVE DATE WHEREAS, the City Council for the City of Port Townsend has considered Street Vacation Application 9101-08, and following due notice has 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 November 2, 1992, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1. That portion of Magnolia Street, lying south of Cook Avenue and adjacent to Lot 7 Block 38 to the west and Lots 5, 6 and 7, Block 39 to the east; along with that portion of the 12- foot alley in Block 31, lying southerly of the westerly extension of the south line of the north 1/2 of Lot 26 of said block; along with the 12-foot alley in Block 38, except the northerly 20 feet thereof (measured parallel to platted Cook Avenue) all lying within the Fowler's Park Addition to the City of Port Townsend are hereby vacated. ~ection 2. That the street vacation aforementioned is conditioned, however, on the following: A twenty-five foot easement for utilities shall be retained along the centerline of the vacated portion of Magnolia Street. 407 HAR 1 8 A ten-foot-wide easement at the center of the vacated Magnolia Street shall be reserved for non-motorized vehicle and pedestrian trail use. Ce The applicants shall execute conditions, covenants and restrictions to which the City is a party, on Lots 1-6 Block 38 and Lots 1-4 of Block 31 which prohibits direct access to those lots from Cook Avenue. Access to these properties will be obtained from the right-of-ways labeled "Magnolia Place" and "Bell Place" on Exhibit C. The applicants shall dedicate a 8-foot right-of-way and hammerhead turn-around as shown in "Exhibit A" and an additional 20-foot right-of-way in Block 38 as shown in "Exhibit B". Said dedications shall be reviewed and approved by the City Attorney prior to recording. Title insurance naming the City as the insured shall also be provided by the applicant for the area to be deeded to the City. The preliminary title report shall be reviewed by the City Attorney. Section 3. The standard fee of one-half the appraised value of the land shall be waived as the property owner will be dedicating right-of-way to the City which is equal in value to the right-of- way being vacated. section .4.., 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 2 of this ordinance. Read ~or the first, second and thir~es, passed by the City Council for,the CitW of Port Town.nd an~ signed by the Mayor of the City this ./j~- day of ยท // ~"~ohn Clise, Mayor Attest: 5avid a~ Grove,~&rk ~rea~r Approved as to form: Dennis McLerran, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Recorded: Effective Date: 4O7