An ordinance vacating two undeveloped rights of way located within the first and fourth blocks of the Town of Forks located within the NW ¼ of the SE ¼ of the NW ¼ of Sec. 9, T 28 N, R 13 W, Clallam County.



Section 1.  Recitals



A.            Whereas, the City received a request in the past from Sheila Wahlgren asking that an extension of 1st Avenue, which has never been developed, between blocks one and four of the Town of Forks plat be vacated; and



B.            Whereas, the City recently received a similar request from Bob Stark seeking the vacation of a partial alley way between lots one through four and lot five in block one of the Town of Forks plat; and



C.            Whereas, pursuant to RCW 35.79.010 the City Council passed Resolution 329 scheduling a public hearing on 10 Jan 2005 regarding the written request of Bob Stark but including the former request of Sheila Wahlgren; and



E.            Whereas, copies of Resolution No. 329 were posted on the property, in three places within the City of Forks, delivered and/or mailed to neighboring property owners;  and



6. Whereas, there were no by staff attendees on the 10th of January 2005 for the meeting and so the meeting was rescheduled for the 25th of January 2005;



7. Whereas, Council held a public hearing on the request at the later date and prior to that meeting had still not received any petition opposing the requested street vacation;



Section 2.  Findings.  Based upon the above information, and the information before the City Council, the following findings are made:



A.  The right of ways have served no transportation related function since their inception;



B.   The right of ways in question do not border a body of salt or fresh water and therefore would not serve as a means of providing public access to such types of water;



C.  The right of ways were created as part of the original Town of Forks plat and were obtained at no costs or at most a nominal fee;



D.  Bob Stark’s ownership is still required to maintain a delivery access to the rear of the existing building for purposes of delivery;



Section 3.  Vacation of right of way



A.   Finding no public need or purpose for the right of way that extends 1st Avenue and the right-of-way that established a partial alley in Blocks One and Four of the Town of Forks Plat located within the NW ¼ of the SE ¼ of the NW ¼ of Sec. 9, T 28 N, R 13 W, Clallam County, the City Council hereby vacates the City’s interest in those right of ways pursuant to RCW 35.79 et al.



B.            Council finds that there is no requirement for, nor need of, compensation for the vacating of the right of ways associated with the extension of 1st Avenue and the alley described above.



Section 4.  Effective Date



The City Clerk shall see that a copy of this ordinance is filed with the Clallam County Auditor’s Office.  Upon proper filing of the ordinance with the Clallam County Auditor, this ordinance shall become effective pursuant to RCW 35.79 et al.



Passed this 25th of January 2005.





_____________________________________

Nedra Reed, Mayor



Attested to:





_______________________________

R.    Daniel Leinan, Clerk/Treasurer



Approved as to Form:





_______________________________

William R. Fleck, Attorney/Planner