ORD 88-31 PROVIDING FOR PUBLIC ALLEYORDINANCE NO. 88-31
AN ORDINANCE OF THE CITY OF WINSLOW,
WASHINGTON PROVIDING FOR THE VACATION
OF A PUBLIC ALLEY, CONSISTING OF THOSE
PORTIONS ONLY SPECIFIED IN PUBLIC NOTICE
AND ABUTTING THE PROPERTY OF BAINBRIDGE
BOWL FROM MADISON AVENUE EAST-WEST, AND
THEN NORTH-SOUTH TO THE NORTHERN LINE OF
SAID PROPERTY, RESERVING A STORM SEWER
EASEMENT
WHEREAS, the City of Winslow has received a petition to vacate a
portion of a public alley abutting on or adjacent to the property
of Bainbridge Bowl, consisting of those portions east-west some
200-feet from Madison Avenue, and then north-south to its north
property line, which petition is in proper form, and calls for
an exchange of property in consideration, and
WHEREAS, the City of Winslow is permitted to vacate and convey
such property under RCW Section 35.79 et seq. and 35A.79.010 of
public street and alley rights-of-way thereon, and
WHEREAS, the contemplated vacation and exchange have been deter-
mined to be in the best public interest,
NOW, THEREFORE, the Mayor and Council if the City of Winslow do
ordain as follows:
Section 1. Pursuant to RCW Section 35.79 et seq., the City of Win-
low herewith determines that the portions 6f the public alley in
question were acquired for public street purposes and to the extent
they are now made subject to vacation in favor of the petitiohers
or their heirs, successors or assigns, as their interests may appear,
it is specifically determined and found that such portions are sur-
plus to the city and public's needs, and under the terms of the ex-
change, are not required for the providing of continued use as a
public right-of-way, except for reservation of a storm sewer easement
as set forth herein.
Section 2. Public notice was duly given and a public hearing on this
vacation was held on December 15, 1988. Further, public notice con-
sisted of newspaper notice as well as written notice to abutting
property owners and other forms as required by RCW Section 35.79.020.
Section 3. The terms and conditions of such vacation and the consid-
eration thereof are contained in Appendix 1 hereto, consisting of a
petition and agreement with supporting exhibits, incorporated herein
by reference.
The appropriate public officials are authorized to execute same
and sign all other necessary legal documents.
The public shall reserve a storm water easement in said vacated
right-of-way until it deems appropriate to vacate same, but without
need for further public hearing or process.
Section 4. Based u~on a professional appraisal and letter of opinion
by Richards and Associates dated November 15, 1988, contained in
Appendix 2 hereto, and incorporated herein by reference, it is deter-
mined and found that the City and public shall receive greater or
atleast an exchange of equal value as a result of the vacation and
exchanges contemplated under the petition and agreement in Appen-
dix ~in 5. From the information presented and the findings made above,
Sect~ ~uither determined and found that the vacation and exchange of
easements as set forth herein are in the best public interest, are
fair, are for the common benefit of all, and shall be approved-
Furthermore, it is determined and found that the consideration
as set forth herein is sufficient, adequate and in the best public
interest; and
that these proceedings and public notices given did reasonably
apprise interested parties of the matters under consideration, and
that no substantial detriment as a result of such notices has been
shown.
Section 6. This ordinance or a summary thereof contained in its title
shall be published in the official newspaper of the city, and shall
take effect and be in full force five (5) days after publication-
ApPROVED:
ATTEST/AUTHENTICATED:
CITY CLERK DONNA JEAN B~XT~'~
ApPROVED AS TO FORM:
CITY ATTORNEY ' LE
FILED WITH THE CITY COUNCIL: December9, 1988
pASSED BY THE CITY COUNCIL: December 15, 1988
pUBLISHED: December 21, 1988
EFFECTIVE DATE: December 26, 1988
ORDINANCE NO. 88-~1