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HomeMy WebLinkAbout3080 Vacating a Portion of Madison Street Right of Way Associated with City Dock; Establishing an Effective Date 577791 PGS : 3 ORD 07/24/2013 10:25 AM $34.00 FIRST AMERICAN TITLE Jefferson County WA Auditor's Office - Donna Eldridge, Auditor mill t��of r1AAA1141Y �Kati WHO WNME 11111 Ordinance 3080 Page 1 of 3 Pam Kolacy, MMC, City Clerk City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 ORDINANCE NO. 3080 AN ORDINANCE VACATING A PORTION OF MADISON STREET RIGHT OF WAY ASSOCIATED WITH CITY DOCK; ESTABLISHING AN EFFECTIVE DATE Grantor: City of Port Townsend, a municipal corporation Grantees: Port of Port Townsend, a municipal corporation RECITALS: A. The City Council held a public hearing, following due notice, on July 16, 2012 on several matters that implement an Agreement dated June 13, 2012 between the City and the Port. The Agreement is based on A Joint Resolution of the City Council of the City of Port Townsend, Washington and the Commission of the Port of Port Townsend (City Resolution No. 12-022 and Port Resolution No. 575-12, May 21, 2012), and provides for a tentative settlement agreement of matters of mutual concern to the City and the Port, including, on closing, the transfer of the Port's interest in property in the vicinity of Kah Tai Lagoon to the City. B. One of the matters is the transfer of City Dock and Union Wharf to the Port. The Agreement provides for the City Council to consider an Ordinance that transfers the entire City ownership interest in City Dock (excluding the Pope Marine Building) and Union Wharf to the Port, subject to continued free pedestrian public access to the structures, provided that allowed commercial uses of the docks will not be precluded; and proper maintenance of the docks. C. As part of the transfer of City Dock to the Port, this Ordinance provides for the street Ordinance 3080 Page 2 of 3 vacation of Madison Street underlying the portion of City Dock that is being transferred to the Port, and the transfer of the City interest in the vacated right of way to the Port. D. The proposed street vacation of Madison Street associated with City Dock (excluding the Pope Marine Building) meets the review criteria in PTMC 12.20.060 Review criteria. 1. The proposed vacated right-of-way is not required for current or anticipated overall area motor vehicle circulation; and 2. The current and anticipated future effectiveness of fire, law enforcement, medical or other emergency services will not be unduly impaired by the proposed vacated right-of-way; and 3. The current and anticipated future needs for public transportation service (transit), mail delivery, private utility service delivery, solid waste collection service and other public service delivery will not be unduly impaired by the proposed vacated right-of-way; and 4. The proposed vacated right-of-way is not required as a current or anticipated utility corridor(suitable water, sewer, storm sewer); and 5. The proposed vacated right-of-way is not required as a current or anticipated bicycle, pedestrian or equestrian pathway, trail or sidewalk corridor; and 6. The proposed vacation will not increase the potential for disturbance of an environmentally sensitive area(ESA), as defined by Chapter 19.05 PTMC, including ESAs situated within and outside of the street, right-of-way or alley proposed for vacation; and 7. The proposed vacated streets, rights-of-way or alleys meet the limitation in RCW 35.79.035 on vacations that abut salt water because the vacations are for port purposes and public uses. NOW, THEREFORE,the City Council of the City of Port Townsend ordains as follows: Section 1. Madison Street underlying the portion of City Dock that is being transferred to the Port is hereby vacated, without cost. Section 2. The City Manager is authorized to attach to this Ordinance a map showing the portion of Madison Street that is being vacated. The City Manager is authorized to execute all necessary instruments that transfer the City's interest in the vacated right of way to the Ordinance 3080 Page 3 of 3 Port. Section 3. 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. The Clerk shall not record the Ordinance until the City Manager and City Attorney certify to the Clerk that the terms of an Agreement dated June 13, 2012 between the City and the Port, including the closing of the transfer of the Port's Kah Tai property to the City, have been met or are assured of being met. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fourth day of September 2012. r David irig, Mayor Attest: Approved as to Form: Pamela Kolacy, MMC, City ClerN John P. Watts, City Attorney 11