ORDINANCE No. 994

AN ORDINANCE OF THE CITY OF LONG BEACH, PACIFIC COUNTY, WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF

4th STREET NORTHWEST RIGHT-OF-WAY,

AND REPEALING ANY ORDINANCES IN CONFLICT.

WHEREAS, RCW 35.79 allows for the vacation of city streets; and,

WHEREAS, the City of Long Beach has been requested to vacate a section of right-of-way; and,

WHEREAS, the City of Long Beach Unified Development Ordinance provides for a process by which owners of any real property abutting upon any street or alley may petition the City Council to make vacation of the right-of-way; and,

WHEREAS, the City Council adopts the following Findings of Fact:

1. Petition. The City Council finds the petition comprises the following:

1.1 A letter from petitioner Hrutfiord received June 28, 2020.

1.2 All other information contained in Case Files No. VAC 2021-01.

2. Procedures. The Council finds the following procedures were followed:

2.1 On June 28, 2020 petition (Hrutfiord) was received by the City.

2.2 City Council considered the vacation during an on-site workshop. The progress of this was postponed since WSDOT was coming to do curbs throughout the highway that abuts this property. The city wanted to make sure the vacation would not interfere with the WSDOT project and notified the petitioner.

2.2 Soon after receipt of petitions, the Community Development Director consulted with City Department heads, Public Utility District No. 2 of Pacific County, and CenturyTel regarding this ROW. There were no conflicts reported.

2.3 On April 5, 2021 the City Council approved Resolution 2021-03 setting the time and place for a public hearing on the matter.

2.4 On or soon after April 6, 2021 the City posted notice of the hearing at the subject site, the Long Beach post office, the Long Beach police station, and Long Beach City Hall. The notice included a statement of the proposal and a description of the land proposed to be vacated. The notice also included instruction on how to submit comments on the proposal.

2.5 On May 3, 2021 the Long Beach City Council opened and conducted a public hearing at or soon after 7 pm to take public comment on this matter. There were no comments made.

2.6 The Council decided to continue the hearing to the May 17, 2021 meeting. Again, there were no comments made and the Council decided to close the hearing. This ordinance will be presented at the June 7, 2021 meeting as the city was waiting for information from the applicant.

WHEREAS, the City Council has adopted Resolution 2021-03 setting the time and place for the public hearing to determine the vacation request; and,

WHEREAS, the City has provided the required notification and publication of the public hearing; and,

WHEREAS, the subject portion of 4th Street Northwest has been part of a dedicated City right-of-way for a period of twenty-five years or more; and,

WHEREAS, the abutting property owner will pay the City of Long Beach up to ½ the fair market value as provided for in RCW 35.79.030 and the City’s Unified Development Code at 11-6C-4(A): Payment of Fair Market Value;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LONG BEACH DO ORDAIN AS FOLLOWS:

Section 1. Right-of-Way Vacated

The following described right-of-way, northern twelve and a half feet (12.5’) of the right-of-way of 4th Street Northwest, from the southwestern property corner of parcel No. 73011012302 to the southeastern property corner of said parcel approximately 100 feet; Block 12, S ½ of Lots 2 & 3, Plat of Tinkers Second North Addition, according to the Plat thereof on file in the office of the Auditor in Volume D-1 of Plats, Page 45, of Pacific County, Washington is hereby vacated and ownership shall be transferred to the abutting property owner, Steve Hrutfiord. The area to be vacated comprises approximately 1,170 square feet. The legal description for the vacated right-of-way is:

Beginning at the southeast corner of Block 12 in the plat of Tinkers Second North Addition to Long Beach;

thence South 04°23’39” West, along the southerly extension of the east line of said Block 12, a distance

of 3.00 feet;

thence North 85°30’15” West 4.30 feet;

thence South 45°50’00” East 12.65 feet to a point that is 12.50 feet south of, when measured at right

angles to, the south line of said Block 12;

thence North 85°30’15” West, parallel to said south line, a distance of 87.34 feet;

thence North 04°23’29” East 12.5 feet to the southwest corner of Lot 2 in said Block 12;

thence South 85°30’15” East 100.02 feet to the Point of Beginning.

Containing 1,170 square feet, more or less.

Subject to Easements and Restrictions of Record.

Bearings based on survey filed in Book 15, Page 39, Survey Records of Pacific County, Washington

Section 2. Severability Clause.

If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances is not affected.

Section 3. Repeal of conflicting ordinances

All existing Ordinances are hereby repealed insofar as they may conflict with this ordinance.

Section 4. Effective Date.

This Ordinance shall be in full force and effect five days from and after its passage, approval, and publication in the manner required by law only when the following conditions have been met:

1. The petitioner shall pay for all costs associated with this partial right-of-way vacation.

2. The petitioner shall cause to have a market-value appraisal made of the subject property at petitioner’s expense or agree to a recent valuation of the property via a real estate professional.

3. The petitioner shall pay the City of Long Beach up to 50% of the market value of the subject property.

Passed this 7th day of June 2021.

Published June 16, 2021

Legal No. 159-21