HomeMy WebLinkAboutOrdinances - 2009-03 - Vacating a portion of 19th street NE - 3/10/2009CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO . 2009-D,2_
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON, VACATING A PORTION OF 19TH STREET
NE IN THE CITY OF EAST WENATCHEE, WASHINGTON .
1. Recitals
a. Preamble. The City of East Wenatchee ("City") is a non-charter code City duly
incorporated and operating under the laws of the State of Washington.
b . Authority.
i. RCW 35.79.010 authorizes the City Council vacate a street, or any part
thereof, by ordinance.
c. Background
L Judith A. Telford has requested that the City vacate a portion of its right-
of-way on19th St. NE, East Wenatchee, Washington. The portion of the
City right-of-way is legally described in the attached Exhibit A, which is
incorporated by reference.
IL Judith A. Telford filed a Petition for Vacation of City Right of Way
("Petition"). A copy of this Petition is attached and incorporated as
ExhibitB.
nL On December 11, 2007, the City passed Resolution No. 2007-12 initiating
the procedure for vacating the portion of City of East Wenatchee right-of-
way described on Exhibit A. A copy of this Resolution is attached and
incorporated as Exhibit C.
1v. On January 22, 2008, the City Council of East Wenatchee ("City
Council") held a public hearing pursuant to legal notice and considered the
Petition.
v. At the public hearing, the City Council determined that it was in the best
interests of the City and its citizens to vacate a portion of 19th Street NE,
East Wenatchee, Washington.
ORDINANCE NO. 2009-~
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THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 9:
Purpose . The purpose of this Ordinance is to vacate the City's right-of-way
interest in the real property legally described in Exhibit A. Diagrams of the
property to be vacated, long with utility locations, are attached as Exhibit D.
Petition for Vacation by Owners of Abutting Property. The owners of the
abutting property have petitioned for the vacation of a portion of 19th St
Northeast, East Wenatchee, Washington, and as required by law, the City has
given proper notice of the Petition and of the January 22, 2008 Public Hearing.
Vacation. The City Council vacates the right-of-way legally described in Exhibit
A. The City relinquishes any and all claims of rights, title and interest in the
described real property, saving and reserving to the City, an easement to go upon
said property to build, repair and maintain any public utilities and service thereon,
and subject further to any easements, restrictions and rights-of-way for utilities on
said property which may now exist thereon. The vacated property shall belong to
the abutting property owners, one-half to each. Provided, however, the City shall
retain an easement over the vacated right-of-way. This easement is legally
described in Exhibit E. A diagram of the easement is attached as Exhibit F.
Owners. Parcel 70000000100 and Parcel 47000001300 abut the real property
legally described in Exhibit A. Judith A. Telford owns both these parcels.
Conditions of Vacation.
(a) Payment. As a condition to the passage of this vacation ordinance, Judith
A. Telford shall pay the City a total of $10,000 for the property to be
vacated.
Effective Date. This Ordinance becomes effective and passed by the City
Council, and published according to law when the conditions set forth in Section
5 with respect to payment have been met.
Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance .
Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance when the conditions set forth in Section 5 with respect to payment
have been met. The summary shall consist of the title of this Ordinance.
Recording. The City Council directs the City Clerk to file a certified copy of this
Ordinance with the Douglas County Auditor after its publication.
ORDINANCE NO. 2009-__M_
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on March 10,
2009.
CITY OF EAST WENATCHEE,
WASHINGTON
..-··
By ~-r---17"''-"--~->----=-~----u'------~~~
Stev -
ATTEST:
lJ(//JW 6t!AMJfl
rlana Barnard, City Clerk
Filed with the City Clerk: 03/04/09
Passed by the City Council: 3/ 10/ DCJ
Published: 8)18/0°J
Effective Date: 3/18 /0lf
Ordinance No.zO(fl-03
ORDINANCE NO. 2009-J:.i_
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SUMMARY OF ORDINANCE NO. 2009-rJ.5
Of the City of East Wenatchee, Washington
On March 10, 2009, the City Council of the City of East Wenatchee, Washington
approved Ordinance No. 2009-_{)j_, the main point of which may be summarized by its title as
follows:
AN ORDINANCE OF THE CITY OF EAST WENATCHEE,
WASHINGTON, VACATING A PORTION OF 19TH STREET
NE IN THE CITY OF EAST WENATCHEE, WASHINGTON.
Upon request, the City will mail a full text of this Ordinance.
Dated March, _jf)_, 2009
CITY CLERK, DANA BARNARD
ORDINANCE NO. 2009-JlL_
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l I CITY FEAST WENATCHEE
Douglas County Auditor's Office
Thad Duvall
PO Box456
Waterville, WA 98858-0456
CITY CLERK
271 9TH STREET NE" EAST WENATCHEE, WA 98802
PHONE (509) 884-9515 1 FAX (509) 884-6233
CERTIFICATION
I, Dana Barnard, City Clerk of the City of East Wenatchee, hereby certify that the
copy of Ordinance 2009-03, vacating a portion of 19th Street NE in the City of East
Wenatchee, is a true and correct copy of Ordinance No. 2009-03, for the City of East
Wenatchee, Washington.
DATED THIS 16th DAY OF March, 2009.
Dana Barnard,
City Clerk
NOTARY PUBLIC in and for the State of Washington,
flfib,K
Signature of Notary Public n e v :V) Pch1 f;:;oVJ
Notary's Name Printedffyped
q 2 !1--(}/
11111111111111111 111111 ~~~3~~~;,.
CITY OF EAST WENATCH OV 56.00 Douglas County
Road Vacation
Parcel A
A strip of land located in Section 2, Township 22 North, Range 20 East of the Willamette
Meridian more particularly described as follows:
Beginning at a 3 inch brass cap in a monument case located at the intersection of 19th Place
NE and 19th Place NE, thence South 00°35'45" West along the centerline of 19th Place NE,
for a distance of 30.00 feet to the True Point of Beginning. thence continuing South
00°35'45" West along the centerline of 19th Place NE, for a distance of 139.91 feet; thence
South 89°41'52 11 West for a distance of 30.00 feet to a 5/8 inch rebar with cap on the
Westerly right of way of 19th Place NE; thence along said right of way, North 00°35'45"
East for a distance of 109.88 feet; thence North 89°39'20 11 East for a distance of 30.00
feet to the True Point of Beginning.
Parcel B
A strip of land located in Section 2, Township 22 North, Range 20 East of the Willamette
Meridian more particularly described as follows:
Beginning at a 3 inch brass cap in a monument case located at the intersection of 19th Place
NE and 19th Place NE, thence South 00°35'45 11 West along the centerline of 19th Place NE,
for a distance of 30.00 feet to the True Point of Beginning. thence North 89°39'20 11 East
for a distance of 39.82 feet to a point on the Southerly right of way of 19th Place NE;
thence along said right of way, 15.54 feet through a tangent curve to the left, with a radius
of 10.00 feet, a central angle of 89°01'16 11
, a chord b?aring of South 45°08'42" West for a
chord distance of 14.02 feet to a point on the Easterly right of way of 19th Place NE; thence
along said right of way, South 00°38'0411 West for a distance of 100.19 feet; thence South
89°52'17" West for a distance of 29.91 feet to a brass wire in concrete cylinder; thence
North 00°35'45 11 East for a distance of 139.91 feet to the True Point of Beginning.
State of Washington
City of East Wenatchee
County of Douglas
In the Matter of the Petition of
et al. ----------
SS.
For Vacation of a City right of way
for the street known as:
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Vacation File No. ____ _
Petition for Vacation of
City Right of Way
The Honorable City Council of the City of East Wenatchee:
We, the undersigned Property Owners, representing more than two-thirds of the private property
abutting the following described right-of-way situated in the City of East Wenatchee, namely;
19th Street (name of street) 60 feet in width, commencing at ____ _
___ 1_9_t_h_S_t_r_ee_t _______________ and ending at _______ _
___ 1~9_t_h_S_t_r_ee_t _________ the whole distance being approximately __ miles.
hereby petition that said right of way be vacated, and that the City Council fix a time when this
Petition shall be heard and determined. Said petitioners respectfully represent and allege that the
aforementioned right of way is no longer useful as a part of the general city road system and that
the public will be benefited by its vacation and abandonment. It is understood that the City of
East Wenatchee and all utility purveyors reserve the perpetual right and easement to maintain,
operate, replace, repair, and install sewer facilities, storm water facilities, water facilities, gas
facilities, and other public utilities and services, without paying any compensation therefore to
Petitioners or owners of said vacated area.
SIGNATURE
Address 450 19th Street -----------------
Address __ 4~4_0_1~9_t_h_S_t_r_ee_t ________ _
Page __ _
PROPERTY DESCRIPTION
Block Subdivision
Marler 1 s Addition
Parcel # __ 7_0_00_0_0_0_0_1_0_0 ____ _
13 & 14 Bla'-'-k~e~'--"'s'-=A~d=d ___ _
Parcel # __ 4_7 0_0_0_0_0_1_3_00 ____ _
City of East Wenatchee
ROW Vacation Petition
12/99
Exhibit
B
SIGNATURE PROPERTY DESCRIPTION
Owner 1 Owner 2 Lot Block Subdivision
Parcel# ___________ _
Address ------------------Parcel# ___________ _
Address Parcel# ------------------------------
Address ------------------Parcel# ___________ _
(Please attach additional sheets if needed.)
CERTIFICATE
We ce1iify that the persons whose signatures appear above are the owners of more than two-
thirds of the property described.
CITY CLERK'S OFFICE:
Received .on _______ / ___ By ____________ _
Date/Time Signature
Page __ _
City of East Wenatchee
ROW Vacation Petition
12/99
RESOLUTION NO. i:4DD7-/ 8---
A RESOLUTION OF THE CITY OF EAST WENATCHEE,
WASHINGTON, SETTING A PUBLIC HEARING FOR THE
PURPOSE OF DETERMINING WHETHER TO VACATE AN
UNIMPROVED PORTION OF 19TH STREET N.E.
Exhibit
c
1. Authority.
a. RCW 35.79.010 authorizes the owners of any interest in any real estate abutting
upon any street who may desire to vacate the street to petition the City Council to
vacate the right-of-way.
b. Upon passage of this resolution, RCW 35.79.02 requires the City Clerk to give 20
days' notice of the pendency of the petition by written notice posted in three of
the most public places in the City and in a conspicuous place on the street sought
to be vacated.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS
FOLLOWS:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Purpose. Schedule a public hearing to determine whether to vacate a portion of
19th Street N.E.
Petition. The City received a Petition for Vacation of Right-of-way from Ms.
Judith Telford. The Petition asks the City to vacate the portion of 19th Street N.E.
located between parcel # 470000013 00 and parcel # 70000000100 as depicted on
the map attached as Exhibit A.
Public Hearing. The City Council shall hold a public hearing to consider the
proposed right-of-way vacation described in Section 1 of this resolution. The
public hearing shall occur on January 22, 2008, at 6:30 p.m. The place of the
public hearing shall be Council Chambers at East Wenatchee City Hall, 271 9th St
NE, East Wenatchee, Washington.
Publication of Notice. The City Council directs the City Clerk to immediately file
this resolution. The City Council also directs the City Clerk to provide 20 days
advanced, written notice of the pendency of this resolution and the public hearing
by posting copies of this resolution in three of the most public places and in a
conspicuous place on the right-of-way sought to be vacated.
Effective Date. This resolution becomes effective on the date that it is passed.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this l J'-Hi
day of December 2007.
ATTEST:
Dana Barnard, City Clerk
Filed with the City Clerk: 12/05/07
Passed by the City Council: I 'l..( i\/ O/
Resolution No. ~Co'")-Id-
CITY OF EAST WENATCHEE,
WASHINGTON
Curve Table Parcel Line Table ~ ~ ~ ~ Curve Length Radius Delta Course Chord Line # Length Direction C-1 15.54 10.00 89"01'16" s 45"08'42" w 14.02 L-1 29.91 s 89"52'17" w o:i '""I L-2 30.00 s 89"41'52" w L-3 30.00 N 89'39'20" E L-4 39.82 N 89'39'20" E "" L _______________ ( --·--LOT 13 $ LOT 13 i [4] 19TH PLACE NE G----------------------------------___ J~!~ [ 3~ [7]<m [2] LOT 14 3-u.a1tri ~rrel~~o-\3_...oo 4:'<0_...oO i It-.. 0 ,_ 0 c:i c:i "'1 L-3 i"J L-4 LI) - -----------·-r·-----·-------o // / / // // / 1 MONUMENT NOTES , ~ / /' / -~ /// (j [1] FOUND 5/8" REBAR AND CAP: srAMPED NWG 2296,J / ,/ / (ij,V ,/ [2} FOUND 3/4" IRON PIPE S 85'00'25"E 2.32' FROM CONCRETE MONUMENT (NOT • / ACCEPTED) ~,.-// // ~-,/ [3} FOUND 3/4" IRON PIPE :S: ,/ / ,_ • ,/ / s [ 4} FOUND 3" BRASS CAP IN MONUMENT CASE • / / _ 0 // si::i / [5} FOUND 3/4" IRON PIPE ~ !:b/'<t;/ LU O'?' /' / • ~ [6} FOUND 3/4" IRON PIPE LI) CO h -~/ /~ ~ .0 [7} FOUND BRASS WIRE IN CONCRETE CYLINDER ACCEPTED AS SW CORNER BLAKE'S ~ , .. :v LI) ,_ / I:.:) 0 CO ADDlnON 0 u_ i;:;tJ / _:<!-{' ,/ /~ ;:? ~ [8} FOUND BRASS WIRE IN CONCRETE CYLINDER ACCEPTED AS SE CORNER BLAKE'S (!) /U LI) I/ / -~ 0 ADDlnON //~< ~-t' // ./~, (/) [9} FO~ND BRASS WIRE IN CONCRETE IN MONUMENT CASE / / <: / / Judith A. LOT 1 / ,/ / , / d --// . .--_/J-/ / Telf or I I// ,/)// , // 100-000-001-00 ·/ /•( // LOT 2 [1] L-2 [BJ L-1 WENATCHEE GOLF AND COUNTRY CLUB 22-20--02-100-0l 0 SCALE: 1 "=50' 50 100 I 1D ::z: s 1D iii ~ a p A-I 1-~ ~ =a: 1-/~ :c:; ~~ ~~I~ ~l::)ki ~ ~ !ii 0:: ti ~ ::; ~ (j ~ '<!-~ ill ~ ~ ~ co ~ ii: C) ~ -ii! <ill! ~~ !!: (§ d :!:::: .c ·-.c >< w L
i 0--·------LOT 13 BURIED FIBER OPTIC CABLE BY SIGN 1£ u --------············-~ :I u ~ t5 ~ ~ ~ 1 i \ GJI I . -i>', I VJ~ \8-:il c. v LOT 13 e~\ c:;1 ;-x· . __ . - - . - - · - - · - -'----·--" ;; ~(~~ "li0-. ;:i,1~.il:S:::_-~lq)::-19TH PLACE NE 1J:J11"-' '~"~---J_e;; s ---~C-J----s s ---=-s ~ .. -"'-~~ "-::::..1, -I 9 0 j lf) T t= :t;"~ -;err=~-VM -i5 7' ANCHOR _f--!@ Qfa1 i?OH P _]_>" • _ :...DH 1, · . :....Df::l.2 . :=-_OH P ~-OH P. -=-=-OH P ......:::-:-± EASEMENT . ' ., a ii ::z: 1.1.1 ~ a ii ~,.... ...,., ::r: ,.... /~ :;;:: ~ ~ :t "' LOT 14 5' OVERHEAD POWER EASEMENT : I :c:; ~ ~ ~~ g) @))·· jvd.\\Jl. ~· 1el~_::0143..--oO 1{tO_.,.oO ~ ~ ~ SEWER CLEANOUTS ON PR/VA ff LATERAL SERVE LOT 1, MARLER'S ADDITION Judith A. Telford LOT 1 700-000-001-00 WENATCHEE GOLF AND COUNTRY CLUB 22·····20--02-100-01 0 LOT 2 SCALE: 1"=50' 50 100 ~@-;; I ~23 ~ ~ ri; :;;!! ::.... ~ ~ ~ ~ ~i:=:i;:::i ~ C§ £::: .. ~~"' i':i .... Cl ~ i3 i "'" ~ li ~ ~ ~ ca gi !!l Cl "' ii! ~ i;i 8~ ft~ d
., :z: Q ....., ., :z: 1.1.1 '.'.E -Q Q 1.1.1 1!J 1-LEGEND ~ 0 Found Iron Pipe [As Noted] @ Utility Manhole ~ 0 Found Rebar & Cap [As Noted] @ Buried Utility Sign i!: 0 Found Wire In Mon Case [As Noted] I I I I Edge of Pavement Q /:Z: )( Calculated Point Not set or Found -OHP -Overhead Power @l Clean Out -UGTL-Underground Telephone By Locate ::i: Sewer Manhole -UGOF-~ ® Underground Fiber Optics By Locate ~ ~ ~ Water Meter -ss-Sewer Line ~ ~ :<:; lit I-®-Power Pole -GAS -Gas Line By Locate ~~~ I/ Anchor Pole -WA-Water Line By Locate Q.': 23 ~ ~ ~~~ ~ ~"I; ~~~ ~ a>. ... ~~"' i:l e::: ::::i ::; ~ <:i i '<!-I~ l! "') ~ ~ l!I I c::. ~ ~ ~ 8~ "' ~d
Power Easement
A strip of land located in Section 2, Township 22 North, Range 20 East of the Willamette
Meridian more particularly described as follows:
Beginning at a 3 inch brass cap in a monument case located at the intersection of 19th Place
NE and 19th Place NE, thence South 00°35'45 11 West along the centerline of 19th Place NE,
for a distance of 30.00 feet to the True Point of Beginning. thence North 89°39'20" East
for a distance of 39.82 feet to a point on the Southerly right of way of 19th Place NE;
thence along said right of way 10.47 feet through a tangent curve to the left, with a radius
of 10.00 feet, a central angle of 60°00'15 11
, a chord bearing of South 59°39'12 11 West for a
chord distance of 10.00 feet to a point on the Easterly right of way of 19th Place NE; thence
leaving said right of way, South 89°39'2011 West for a distance of 54.24 feet;
thence South 00°35'45 11 West for a distance of 23.00 feet; thence South 89°39'20 11 West
for a distance of 7.00 feet to the Westerly right of way of 19th Place NE; thence along said
right of way, North 00°35'45" East for a distance of 28.00 feet; thence leaving said right
of way, North 89°39'20" East for a distance of 30.00 feet to the True Point of Beginning.
Exhibit
r (_
·l ,,,. LOT 13 L_ ---------------~ --s LOT 13 Bl-····'---·-·············----·-----·---·············~ N89. 39' 20"£ 30.00' <b·· c:i 39.82' 't::~4 I'<") LN89" 39' 20"£ . ,--·---f---·--· N0'35' I. ·I ,~r~ --·--· 45"E~ I Q; ! L~I0.47, R~ -1·--·--_ 28 oo' . . .· CHORD 10.00 ! - • - -· : m • BRG ' ·-N89' 39· 20"£/. lr.• ~ .· CHORD LNGTH~5r 39· 12'~W _/: • Ll-60'0 ' 0.00 7.00' , I NB9' 39• 209 15" LU 54.24' E WENA l[) ~I -0 1 NO" 35' 45''£ 123.00' GOLF AND COUNTRY CLUB 22-20-02-··100 01 LOT 2 SCALE: 1 "=50' 0 50 100 ~riil~~ I ., Ail:; i Ail:; 1.1.j ~ a fil • ~.,..... ~ ::r: 1-/~ .... :<: 12 ~ ~ ~ ~ ~~~ ~ ~~N ~ ~~~ ~ ;:i ... s ~ ~ ~ (j ~ "<!-~ l! :2 S-i co a. I Cl -\i1 iS Iii 8% a:~ di ::: 1 .c ·-\ ~ ~·~-