ORDINANCE NO. O-20-12 (Edited)

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LEGAL NOTICE
CITY OF WARWICK
ORDINANCE NO. O-20-12
(Edited)

APPROVED March 16, 2021

 FRANK J. PICOZZI, MAYOR

        

AN ORDINANCE AMENDING THE ZONING ORDINANCE
 OF THE CITY OF WARWICK
MARINA REALTY, INC., PETITIONER
(EDITED)

     

Be it ordained by the City of Warwick:

     

Section I.  The Zoning Map and the Record Book of Lot Classifications which are a part of the Zoning Ordinance of the City of Warwick are hereby amended by changing the classification of the following described premises from Waterfront Business (WB) and Residential A-10 and A-7 to extend the existing Waterfront Zoning District to accommodate the existing marina uses which currently exist in the Residential Zone.

Lots 158-166 and 172, on Assessor’s Plat 365 as said plat appeared in the Tax Assessor’s office on December 31, 2019, located on Arnold’s Neck Road and Midgley Avenue, is hereby changed from Waterfront Business and Residential A-10 and A-7 to Waterfront Business. The Lots are set forth in the legal descriptions attached hereto as Exhibits A-H.

Subject to the following conditions, waivers and stipulations:

  1. That the Applicant shall reconfigure the subject lots through the Administrative Subdivision procedure as contained in the City of Warwick Development Review Regulations.

Section II.  The Clerk of the Zoning Board of Review is hereby authorized and directed to cause said changes to be made on the Zoning Map and the Record Book of Lot Classifications.

Section III.  This amended Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY:    COUNCILMAN MCALLISTER

COMMITTEE:           LAND USE

     

Lynn D’Abrosca, Acting City Clerk

     

EXHIBIT "A"

That tract of land, situated on the easterly side of Arnolds Neck Drive, City of Warwick, County of Kent, State of Rhode Island. containing 694.4 square feet of land, bounded and described as follows:

Beginning at a granite bound at the northeast corner of Lot 166, as shown on the Warwick R.I. Assessor Plat 365. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-50" East, Ten and 38/100 feet (10.38') to a point;
  2. THENCE South 01-00'-10" West, bounded Easterly by land of said grantee Fifty one and 89/100 feet (51.89') to a point;
  3. THENCE South 75-21'-42" West, Seventeen and 41/100 feet (17.41') to an iron rod;
  4. THENCE North 08-10'-20'' East, bounded westerly by remaining land land of said grantor, Fifty four and 28/100 feet (54.21') to the point of beginning.

Said lot being a portion of the easterly end of Lot 78 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1" 100' recorded in the Records of Land Evidence in said City of Warwick in Nat Book 4 at page 81 and on Plat Card 207. Also being a portion of Midgley Avenue that was abandoned by the City of Warwick on August 21, 1958.

EXHIBIT "B"

That tract of land; situated on the easterly side of Arnolds Neck Drive, City of Warwick, County of Kent, State of Rhode Island, containing 1,047 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Lot 165, as shown on the Warwick R.I. Assessor Plat 365 thence North 75-21 '-14" East along the northerly line of said Lot 165 Two hundred twenty three and 8/100 feet (223.89') to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Seventeen and 41/100 feet (17A1') to an iron rod;
  2. THENCE South 01-00'-I2" West, bounded Easterly by land of said grantee Fifty one and 96/100 feet (51.96') to an iron rod;
  3. THENCE South 75-21'-42" West, Twenty four and 44/100 feet (24A4') to an iron rod;
  4. TI1ENCE North 08-10'-20" East, bounded westerly by remaining land land of said grantor, Fifty four and 28/100 feet (54.28') to an iron rod at the point of beginning

Said lot being a portion of the easterly end of Lot 79 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1" - 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207. Also being a portion of Midgley Avenue that was abandoned by the City of Warwick on August 21, 1958.

EXHIBIT "C"

That tract of land, situated on the easterly side of ArnoIds Neck Drive, City of Warwick, County of Kent, State of Rhode Island, containing 1,397.1 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Lot 163, as shown on the Warwick R.I. Assessor Plat 365 thence North 75-21'14' East along the northerly line of said Lots 163 and 164 Two hundred and two and 841100 feet (202.84') to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Twenty four and 44/100 feet (24.44') to an iron rod;
  2. THENCE South 01-00'-12" West, bounded Easterly by Dickerson's Marina Inc. Fifty one and 89/100 feet (51.89') to a point;
  3. THENCE South 75-21-14" West, Thirty one and 47/100 feet (31.47') to an iron rod;
  4. THENCE North 08-10'-20" East, bounded westerly by remaining land of said grantor, Fifty four and 21/100 feet (54.21') to an iron rod at the point of beginning

Said lot being a portion of the easterly end of Lot 82 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1"      00' recorded in the Records of Land Evidence in said City of
Warwick in Plat Book 4 at page 81 and on Plat Card 20T Also being a portion of Midgely Avenue that was abandoned by the City of Warwick on August 21. 1958.

EXHIBIT "D"

That tract of land, situated on the easterly side of Arnolds Neck Drive. City of Warwick, County of Kent, State of Rhode Island, containing 2,141.3 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Iot 162, as shown on the Warwick R.I. Assessor Plat 365 thence North 75-21'-14" East along the northerly line of said Lot 161 One hundred eighty one and 82/100 feet (181.82')

to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Thirty one and 47/100 feet (31.47') to a point;
  2. THENCE South 16-33'-40" East, bounded Easterly by Dickerson's Marina Inc.. Fifty and 03/100 feet (50.03') to a point;
  3. THENCE South 75-21'-14" West, Fifty four and 18/100 feet (54.18') to an iron rod;
  4. THENCE North 8-10'-20" East, bounded westerly by remaining land of said grantor, Fifty four and 25/100 feet (54.25') to an iron rod at the point of beginning

Said lot being a portion of the easterly end of Lot 83 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef July 1909 by Frank Waterman 1"— 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207.

Also being a portion of Midgley Ave. was abandoned by the City of Warwick on August 21, 1958

EXHIBIT "E"

That tract of land, situated on the easterly side of Arnolds Neck Drive, City of Warwick, County of Kent, State of Rhode Island, containing 3,156.2 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Lot 161, as shown on the Warwick R.I. Assessor Plat 365 thence North 75-21'-14" East along the northerly line of said Lot 161 One hundred sixty and 78/100 feet (160.78') to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Fifty four and 18/100 feet (54.18') to a point;
  2. THENCE South 00-59'46" West, bounded Easterly by Dickerson's Marina Inc. Fifty one and 92/100 feet (51.92') to a point;
  3. THENCE South 75-21'-14" West, Seventy two and 07/100 feet (72.07') to an iron rod;

THENCE North 17-52'-59" East, bounded westerly by remaining land of said grantor, Fifty nine and 30/100 feet (59.3') to an iron rod at the point of beginning

Said lot being a portion of the easterly end of Lot 86 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1" 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207.

Also being a portion of Midgley!.., Avenue that was abandoned by the City of Warwick on August 21, 1958

EXHIBIT "F"

That tract of land, with the buildings and improvements thereon, situated on the easterly side of Arnolds Neck Drive, City of Warwick, County of Kent, State of Rhode Island, containing 3,559.2 square feet or land, bounded and described as follows:

Commencing at the northwest corner of Lot 160, as shown on the Warwick R.I Assessor Plat 365 thence North 75-21'-14" East along the northerly line of said lot 160 One hundred twenty eight and 89/100 feet (128.89') to an iron rod at the

Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East. Seventy two and 07/100 feet (72.07') to a point;
  2. T1TENCE South 00-59'-46" West, bounded Easterly by Dickerson's Marina Inc. Fifty one and 92/100 feet (51.92') to a point;
  3. THENCE South 75-21'14" West bounded southerly by Lot 159
    Seventy and 30/100 feet (70.3') to an iron rod;
  4. THENCE North 00-54'-OT' West, bounded westerly by remaining land of said grantor, Fifty one and 47/100 feet (51.47') to an iron rod at the point of beginning

Said lot being a portion of the easterly end of Lot 87 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1" = 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207. Also being a portion of Midgley Ave. that was abandoned by the City of Warwick on August 21, 1958

EXHIBIT "G"

That tract of land, with the buildings and improvements thereon, situated on the easterly side of Arnolds Neck Drive, City of Warwick, County of Kent, State of Rhode Island, containing 6,852.8 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Lot 159, as shown on the Warwick R.I. Assessor Plat 365 thence North 75-21'-I4" East along the northerly line of said Lot 159 One hundred sixteen and 66/100 feet (116.66') to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Seventy and 30/100 feet (70.3') to a point;
  2. THENCE South 00-59'-46" West, bounded Easterly by Dickerson's Marina Inc. One Hundred and three and 85/100 feet (103.85') to a point;
  3. THENCE South 75-21'-14" West, Sixty six and 76/100 feet (66.76') to an iron rod;
  4. THENCE North 00-54'-07" West, bounded westerly by remaining land of said grantor, One Hundred and two and 47/100 feet (102,95') to an iron rod at the point of beginning

Said Lot being a portion of the easterly end of lots 88 and 89 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef, July 1909 by Frank Waterman 1" 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207. Also being a portion of Midgley Avenue that was abandoned by the City of Warwick on August 21, 1958,

EXHIBIT "H"

That tract of land, situated on the northerly side of Midgley Avenue, City of Warwick, County of Kent, State of Rhode Island, containing 2,092.1 square feet of land, bounded and described as follows:

Commencing at the northwest corner of Lot 157, as shown on the Warwick R_I_ Assessor Plat 365 thence North 75-21'-14" East along the northerly line of

Lots 157 and 158 Ninety three feet (93') to an iron rod at the Point of Beginning. Said point being the northwest corner of herein described parcel.

  1. THENCE, North 75-21'-14" East, Twenty five and 96/100 feet (25.96') to a point.
  2. THENCE South 00-59'-46" West, bounded Easterly by Dickerson's Marina Inc. Ninety four and 43/100 feet (94.43') to a point at the easterly end of Midgley Avenue;
  3. THENCE North 58-13'-19" West bounded westerly by at the easterly end of Midgley Avenue, Twenty nine and 26/100 feet (29.26') to an iron rod;

4,  THENCE North 1-06'-18" East, bounded westerly by remaining land
land of said grantor, Seventy two and 46/100 feet (72.46') to an iron rod at the point of beginning

Said Lot being a portion of the easterly end of Lot 90 as shown on that plan entitled "Arnold's Neck Plat" belonging to Herbert Calef. July 1909 by Frank Waterman I" = 100' recorded in the Records of Land Evidence in said City of Warwick in Plat Book 4 at page 81 and on Plat Card 207. Also being a portion of Midgley Ave. that was abandoned by the City of Warwick on August 21, 1958

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