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ORD 91-42 VACATING SPARGUR LOOPORDINANCE NO. 91- 42 AN ORDINANCE of the City of Winslow, Washington, vacating the Spargur Loop Road End in the Port Madison area of the City. WHEREAS, by Resolution No. 91-30, the City Council implemented a plan pursuant to RCW 35.79.035(1)(c) to provide improved public access to Port Madison by acquiring the western 70 feet of a lot owned by Priscilla Cohen ("Cohen lot") for use as a passive park, in conjunction with the vacation of the road end contiguous to the western boundary of the Cohen lot and described in Exhibit A, attached hereto and made a part hereof ("Spargur Loop Road End"); and WHEREAS, by Resolution No. 91-28, the City Council initiated the vacation of the Spargur Loop Road End and set a hearing date for consideration of the vacation on December 19, 1991 at 7:30 p.m.; and WHEREAS, the hearing was held as scheduled on December 19, 1991; and WHEREAS, the Seattle Yacht Club has agreed to pay the sum of $137,752.00 toward the purchase price of the Cohen lot as consideration for the City's vacation of the Spargur Loop Road End, and the City Council finds that the amount to be paid by the Seattle Yacht Club exceeds the fair market value of the Spargur Loop Road End; now, therefore THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that the vacation of the Spargur Loop Road End and the purchase of the Cohen lot for use as a passive park will provide improved public access to Port Madison. Section 2. The City vacates the Spargur Loop Road End subject to and effective upon satisfaction of the following conditions: a. Receipt and recording of a Quit Claim Deed from the Seattle Yacht Club to the City transferring any interest the Yacht Club may have in the Spargur Loop Road End; b. Payment by the Seattle Yacht Club to the City of the sum of $137,752.00; and C. Receipt and recording of a statutory warranty deed from Priscilla Cohen conveying the Cohen lot to the City. - 1 - JFS/lo/cab/3274f 12/17/91 Section 3. The 1991 or 1992 City budget, whichever is applicable, is amended to appropriate the funds for purchase of the Cohen lot. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, publication and posting as required by law. PASSED by the City Council this 19th day of December, 1991. APPROVED by the Mayor this 19th day of December, 1991. Sam J ATTEST/AUTHENTICATE: Ralph W. Eells, City Clerk APPROVED AS TO FORM: ranato, Mayor Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: December 17, 1991 PASSED BY THE CITY COUNCIL: December 19, 1991 PUBLISHED: December 25, 1991 POSTED: December.. 23, 1991 EFFECTIVE DATE: December 30, 1991 ORDINANCE NO.: 91-42 2 - JFS/lo/cab/3274f 12/17/91