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ORD 84-27 VACATING CERTAIN PROPERTY IN THE CITY OF WINSLOWWDT: j t lll61S4 ORDINANCE NO. 84-27 AN ORDINANCE OF THE CITY OF WINSLOW, WASH- INGTON, VACATING CERTAIN PROPERTY IN THE CITY OF WINSLOW, WASHINGTON, BEING A PORTION OF WALLACE WAY EAST OF ERICKSEN AVENUE AND WEST OF SR 305 PLUS A PORTION OF WALLACE WAY WEST OF ERICKSEN AVENUE A DISTANCE OF APPROXIMATELY 330 FEET; AND RETAINING A UTILITY EASEMENT OVER THE AREA VACATED AND OTHER PROPERTY. WHEREAS, pursuant to resolution, the City Council of the City of Winslow, Washington, held a public hearing on October 4, 1984, to consider the proposed vacation of certain property in the City of Winslow, Washington, being a portion of Wallace Way East of Ericksen Avenue and West of SR 305 plus a portion of Wallace Way West of Ericksen Avenue a distance of approximately 330 feet and more particularly described as set forth on Exhibits A and B attached hereto and incorporated in full by this reference, and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no significant adverse environmental impacts, and WHEREAS, at the conclusion of said public hearing the City Council found that it is the best interest of the public health, safety and general welfare that said property dedicated for street purposes should be vacated and the City Council does hereby determine to vacate the same as herein- after set forth, and WHEREAS, the City Council has determined to accept the adjoining property owner's proposal to dedicate additional 20' of right of way on Knechtel Street as compensation, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following parcels of property, pre- viously dedicated for street purposes are hereby vacated. Said parcels are located in the City of Winslow, Kitsap County, Washington, and legally described as set forth on 8607250129 Exhibits A and B attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Upon receipt of a deed dedicating 20' of right of way on Knechtel, the City Clerk is hereby directed to record a certified copy of this ordinance and the deed with the Kitsap County Auditor. Section 3. The Land Use Administrator is hereby directed to amend the official street maps of the City to be consistent with this ordinance. Section 4. The City of Winslow shall retain an easement for construction, operation, repair and replacement of utilities, including the right of reasonable access over the property being vacated and set forth on Exhibits "A" & "B" of this ordinance, as well as adjoining property. Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, ALICE B. TAWRESE~ ATTEST/AUTHENTICAT - /' ? - ~ ~ '. . FILED WITH~HE CITY CLERK: November 14, 1984 PASSED BY THE CITY COUNCIL: POSTED: EFFECTIVE DATE: ORDINANCE NO. 84-27 8607250129 -2- LEGAL DESCRIPTION OF PUBLIC LAND VACATION PER CITY OF WINSLOW ORDINANCE 84-27 EXHIBIT A The North 50 feet of the following described property: That portion of the South half of the Northwest quarter, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Beginning at a point on the North line of said subdivision, 990 feet East of the Northwest corner thereof; thence South 660 feet; thence East 180 feet, more or less, to the West right-of-way line of State Highway 305 (21-A); thence Northerly along the Westerly right-of-way line to its intersection with the North line of said Section subdivision; thence Westerly 155 feet, more or less, to the point of the beginning. Except the West 30 feet. Except an easement in favor of the C,ty of Winslow for construction, operation, repair and replacement of utilities, including the right of reasonable access over the property being vacated, as well as adjoining property. Situated in Kitsap County, Washington EXHIBIT B The South 20 feet of the North 50 feet of the following described property: That portion of the South half of the Northwest quarter, Section 26, Township 25, North, Range 2 East, W.M., described as follows: Beginnin9 at a point on the North line of said subdivision 660 feet East of the Northwest corner thereof; Thence East 330 feet; thence South 660 feet, thence West 330 feet; thence North 660 feet to the point of the beginnin9. Except the East 30 feet. Except the South 20 feet. Except an easement in favor of the City of Winslow for construction, operation, repair and replacement of utilities, includin9 the right of reasonable access over the property bein9 vacated, as well as adjoinin9 property. Except that portion thereof lying within the following described tract of land: Beginning at a point N00°28'58'' West 662.53 feet and N89°28'39n East 815.22 feet from the West quarter corner of said Section; thence N00°31' 21"West 150.00 feet; thence N89°28°39'' East 50.00 feet; thence S00°31'21'' East 150.00 feet; thence S89°28'39'' West 50.00 feet to the point of beginning. 8 & 0 7 2 5 0 ! 2 9 E[384FR1383 Situated in Kitsap County, Washington. LEGAL DESCRIPTION OF PUBLIC LAND VACATION PER CITY OF WINSLOW ORDINANCE 84-27 EXHIBIT A The North 50 feet of the following described property: That portion of the South half of ,the Northwest quarter, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Beginning at a point on the North line of said subdivision, 990 feet East of the Northwest corner thereof; thence South 660 feet; thence East 180 feet, more or less, to the West right-of-way line of State Highway 305 (21-A); thence Northerly along the Westerly right-of-way line to its intersection with the North line of said Section subdivision; thence Westerly 155 feet, more or less, to the point of the beginning. Except the West 30 feet. Except an easement in favor of the C,ty of Winslow for construction, operation, repair and replacement of utilities, including the right of reasonable access over the property being vacated, as well as adjoining property. Situated in Kitsap County, Washington EXHIBIT B The South 20 feet of the North 50 feet of the following described property: That portion of the South half of the Northwest quarter, Section 26, Township 25, North, Range 2 East, W.M., described as follows: Beginning at a point on the North line of said subdivision 660 feet East of the Northwest corner thereof; Thence East 330 feet; thence South 660 feet, thence West 330 feet; thence North 660 feet to the point of the beginning. Except the East 30 feet. Except the South 20 feet. Except an easement in favor of the City of Winslow for construction, operation, repair and replacement of utilities, including the right of reasonable access over the property being vacated, as well as adjoining property. Except that portion thereof lying within the following described tract of land: Beginning at a point N00°28'58" West 662.53 feet and N89°28'39" East 815.22 feet from the West quarter corner of said Section; thence N00031' 21"West 150.00 feet; thence N89028'39'' East 50.00 feet; thence S00031'21" East 150.O0 feet; thence S89°28'39'' West 50.00 feet to the point of beginning. 8607250129 [ 384FR138: Situated in Kitsap County, Washington. RIGHT OP ~%~ DP:ED - S]'RE~YF Kl©Pa',' AS KNEUNTEL WAY N. E. K~ ALL ~N 6Y '~E PRESERES- T~T IAN~K PARTNERSHIP, 724 Erick~n A~nue E., ~inslow, of ~e ~unCy of Kitsap, in ~e S~te of ~shington, in ~nsi~ration of the ~nefits and other ~l~ble cgnsiderations Ms granted, ~rgined, sld and ~nveyeO, anO by these presents ~ grant, ~r~in, roll and ~nvey unto ~e City of Winslow the following ~scri~d ~rcel of hnd sit~ted the City of Winsly, Kitsap O~unty, S~te of Washington, to wit: outh 20 feet of the following described Drooerty: That portion of the South half of the Northwest quarter, ~ection 26, ~ownship 25 North, Range 2 East, W.M., c~scribed as follows: Beginning .t a point on the North line of said su~x~ivision 660 feet East of the ~ t. ~. corner thereof; thence. East 330 feet; thence South 660 feet; -hence ~st 330 feet; thence North 660 feet to the point of beginning; iM 1XCEPT t3~e North 50.0 feet, the P~st 30.0 feet, and the South 20.0 feet thereof; 'XCEPT that portion thereof lying within tahe following described tract of Lard: l~-~ginning at a point N 00~t28'58'' ~est 662.53 feet and N 89~28'39'' East 815.22 feet from the ~est quarter corner of said Section; thence N 00c31'21'' West 150.0 feet; thenc~ N 89~28'39" East 50.0 feet; thence S 0U~31'21'' East 150.0 feet; thence S 89¢28'39'' ~est 50.0 feet to the point of keginning; Situate in K~t. sa9 County, State of ~shington. The Grantors hereby agree to the establishment of said street as above descriked, and to the perpetual neintenance of the sax~ as a City Street, and wai~ all claim for damages of whatever kind which my be occasioned to adjacent land by the location, establishment, construction, drain3ge and inaintenance of s3id street, and agree and consent to the right of the City of Winslow to iP. ke all Deces~3ry slopes for cuts anO fills whenever they extend keyond the right-of-~ay line, upon ahDve mntioned road, all in conformity with standard practices of City street construction, and to the sam extent and purpose as if the rights herein granted had keen acquired by condemnation proceedings under Fminent Domain Statutes of the State of ~ashington. Said covenants s~aall run wit. h the land and ~e binding upon the grantors and successors or assigns. 'D HAVE AND ~iD HOLD the same, unto the City of Winslow for the purpose of a pub~lic road forever. ', IN WITNESS ~}qEREOF, we have hereunto set hands the day o~ ! 1986 .? ~ s, · ' E. Jo , Partner r ~ ~H hnson arther Eon M. Drury, Partner Allen D. ' , Partne~ . hryn K. Mowat, Partner 42- IAdhtV 487 %iLk?an E. Harader, Partner '8607230099 STATE OF WASHINGTON, ss. Cx~unty of King I, CindV E.Paulsen, a Notary P. blic i d for the State of Washington, do hereby certify that on this~ay ol~D~ , 1986, ersonall appeared before me Don M.DrurV, Gretchen E. Allen B. Hara~er, Susan E.Harader, Edward E. Johnson, Tanya H. Johnson,Donald W. Mowat & Kathryn K. 'to me known to be the individuals described in and who executed the within Mowat imstr~n~nt, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the purpose therein mentioned. Given under my hand and official seal this [~day of~986.  Notary Public in and for the ~ State of Wa~~ Residing STATE OF WASHINGTON, ss. County of King before me, Guy H. Bockus, to me known to ~ individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as his free and voluntary act and deed, for the purpose therein mentioned. Given ~.der my hand and official seal this ~day o~ 1986. -~ ~.~~ Notary Public in and for the State of Wa~~ Residing t JUt 23 E, EPUTY ~ Filed for record 1986 at __ M., request of the Winslow City Council. 8507230099 E[1.384 468