HomeMy WebLinkAboutRUSSELL RD. N. 850 FT.
Return Address: City Clerk
City ofBremerton
345 Sixth Street, Suite 600
Bremerton, VVA 98337-1873
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 4948
Reference Number(s) of Documents assigned or released: Not Applicable
Grantor(s): 1. City of Bremerton
D Additional names on page of document.
Grantee(s): 1. Not Applicable
D Additional names on page of document.
Legal Description: NE 1/4 & SE 1/40F SE 1/4, SITUATED IN SEe 16, 1'. 24 N., R 1 E., W.M., INKITSAP
(abbreviated) CO., VV A.
D Additional legal is on page of document.
Assessor's Property Tax ParceUAccount Number: Not Applicable.
ORDINANCE NO. 49L1f
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating the northerly 850 feet of Russell Road to Oyster Bay
Avenue.
WHEREAS, the City received an application from the Bremerton Housing
Authority to vacate the northerly 850 feet of Russell Road to Oyster Bay A venue in the City of
Bremerton, and
WHEREAS, the City passed Resolution No. 2976 declaring its intention to vacate
the northerly 850 feet of Russell Road to Oyster Bay Avenue, which resolution also seta hearing
to take public comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on September 21,2005,
in the City Council Chambers at the Norm Dicks Government Center to take public comment or
consider written objections to the vacation; and
WHEREAS,the City Council has determined that it is in the best interest ofthe
public to proceed with the vacation; and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated; NOW, THEREFORE,
~ THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The northerly 850 feet of Russell Road to Oyster Bay Avenue in
the City ofBremerton, as described in Exhibit A, which is attached and incorporated herein by
this reference, is hereby vacated to the abutting property owner including any and all easements
contained therein.
1 Street Vacation ~
200511010099 Russell Road
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SECTION 3. Easements. The granting of this vacation is subject to the
following:
a, An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and/or repair of City utilities and
appurtenances over, under and upon the entire area vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas for operation, maintenance
and/or repair of gas lines and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
c. An easement is reserved for Comcast for operation, maintenance and/or repair of
cable and appurtenances over, under and upon1:he existing facilities within the area vacated
pursuant to this ordinance.
d. An easement is reserved for Qwest for operation, maintenance and/or repair of
telecOlmnunication cable and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
e, Improvements within Easement. Property Owner shall maintain the area over,
under and upon the easement in a condition so as not to interfere with the ability of the City and
other grantees of the easement( s) herein ("Grantee") from constructing, operating, maintaining
and/or repairing their utilities. Any and all improvements placed or constructed within the
easement by the Property Owner shall be at the Property Owner's sole risk and responsibility,
Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter
replace, at Property Owners cost and expense any such improvements interfering with Grantees
ability to construct, operate maintain and/or repair its utilities. No notice is required in the event
of an emergency situation. Should Property Owner fail to remove said improvements as
requested or in the event of an emergency, Grantee may remove the improvements at the
Property Owner's cost and expense.
SECTION 4. Additional Conditions. The granting of this vacation is further
subject to and conditioned upon the following:
As compensation for the vacation, applicant or its successor in interest shall dedicate
property of like-kind in Westpark to the satisfaction of the City for the relocation of the roadway
for the anticipated redevelopment of Westpark. If a like-kind dedication is not made within five
(5) years, then the City may, upon demand, require payment of $62,222.58.
SECTION 5. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 6. Severability. If anyone or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
2 Street Vacation-
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SECTION 7. Efftctive Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the ~l.&t dayof 01~~~/.) , 2005.
7
Approved this / ~ day of
ATTEST: APPROVED AS TO FORM:
~~~
RO ERA.LUB~VI, ~ ~mey
PUBLISHED the .J.~ day of ~. ~ , 2005.
EFFECTIVE the 7+J J day of ,~, ' 2005.
ORDINANCE NO. J/94f
R:\LEGAL\Ordinances\Public Works & UtilitiesWacation-Westpark.doc
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3 Street Vacation -
Russell Road
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF RUSSELL ROAD RIGHT-OF-WAY, 43 FEET IN WIDTH,
SITUATED IN SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE
WILLAMElTE MERIDIAN IN KITSAP COUNTY, WASHINGTON AND LYING
21.50 FEET EACH SIDE OF THE FOl.LOWING DESCRIBED CENTERLINE:
BEGINNING AT THE CORNER COMMON TO SECTIONS 15, 16, 21, AND 22,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., THENCE NORTH 00016'54"
WEST ALONG THE CENTERLINE OF OYSTER BAY A VENUE AND THE LINE
BETWEEN SECTIONS 15 AND 16, A DISTANCE OF 1223.69 FEET; THENCE
NORTH 89052'39" WEST A DISTANCE OF 151.09 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE
IN A CLOCKWISE DIRECTION ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 12054'48", A DISTANCE OF 67.61 FEET;
THENCE NORTH 76057'51" WEST A DISTANCE OF 150.36 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET;
THENCE IN A COUNTER-CLOCKWISE DIRECTION ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 84055'05". A DISTANCE OF
407.58 FEET TO A POINT ON THE EXISTING CENTERLINE OF RUSSELL
ROAD RIGHT-OF-WAY AS SAID EX1STING CENTERLINE IS DESCRIBED IN
DECLARATION OF TRUST FILED UNDER AUDITOR'S NO. 9004240098 IN
KITSAP COUNTY, WASHINGTON, AND TRUE POINT OF BEGINNING;
THENCE IN A CLOCKWISE DIRECTION ALONG THE ARC OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 450.50 FEET,
THROUGH THE ARC SUBTENDED BY A CHORD THE LENGTH OF WHICH IS
354.77 FEET AND WHICH BEARS NORTH 41"11'27" EAST TO THE POINT OF
TANGENCY OF SAID CURVE; THENCE NORTH 64"22'45" EAST 247.90
FEET TO THE POINT OF TANGENCY OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 397.00 FEET; THENCE ALONG SAID CURVE THROUGH AN
ARC SUBTENDED BY A CHORD THE LENGTH OF WHICH IS 174.14 FEET
AND WHICH BEARS NORTH 77002'55" EAST TO THE POINT OF TANGENCY
OF SAID CURVE; THENCE NORTH 89043'06" EAST 59.18 FEET TO THE
POINT OF INTERSECTION WITH THE CENTERLINE OF OYSTER BAY
AVENUE, SAID LINE BEING ALSO THE UNE BETWEEN SECTIONS 15 AND
16, ALSO SAID POINT OF INTERSECTION BEING NORTH 1495.99 FEET
AND WEST 7.35 FEET OF THE CORNER COMMON TO SECTIONS 15, 16,21
AND 22, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE
MERIDIAN. EXCEPT ANY PORTION L YINGWITHIN THE RIGHT-OF-WAY
fOR OYSTER BAY AVENUE.
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CITY OF BREMERTON OF.:O $38.00 f<itsap Co, WA
I I DATE SUBMITTED: July 6, 2005 BILL # 05 -;l.-d-l
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Hearing and Ordinance # Committee Meeting Date: Av..~u.s+- l/,1...00 5
~ Vacating the northerly 850 feet of COUNCIL MEETING Date: September 21, 2005
Russell Road to Oyster Bay Avenue. Department: PW &U, Engineering
Presenter: Michael C. Mecham
Phone: 473.5288
SUMMARY: The City received a petition from Bremerton Housing Authority to vacate the
northerly 850 feet of Russell Road to Oyster Bay Avenue for the development of an assisted senior
housing complex within Westpark. The road will be relocated southerly of its current position. This
date has been scheduled for a public hearing in accordance with state law and the Bremerton
Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a
Class I right-of-way and compensation will be paid by dedication oflike-kind right of way in the
anticipated redevelopment of Westpark.
ATTACHMENTS: 1.) Ordinance # 1-q 1-B; 2.) Aerial Photograph
FISCAL IMP ACTS (Include Budgeted Amount): No hnpact.
APPRO V ALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR: 2'-\ ?)J2
MAYOR: l
FISCAL/BUDGET: CoM 1t'v\A,~.p - T. '8/ n /0> CONSENT AGENDA 0
OPERATIONS: CbVV\W\iitee. M.+5 9f 7/0.5
COUNCIL PRESIDENT: --p~ \~r---
RECOMMENDED MOTION:
L Mews toapF];Q"e the attached Ul\li...la.ll~C un fiI::;llCa.J~u~, vacating tho nOlthcrl, 850 feet ofR1:tf38€l11
R.3~ to Oyotef Bay .V:eHtle.
~, Move to pass Ordinance # ..ff40 on secOlu;! F8a.diftg, vacating the northerly 850 feet of Russell
Road to Oyster Bay Avenue.
COUNCIL ACTION: ~ve o Deny o Table D Continue D No Action
ab/Agenda Bills 2005/Rusell Rd Ord/Vac
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RESOLUTION NO. Q.Q7W
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of the northerly 850 feet of Russell Road to
Oyster Bay Avenue.
WHEREAS, the City received a petition to vacate the northerly 850 feet of
Russell Road to Oyster Bay Avenue.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on September 21,2005, at 5:30 p.m.
or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345
Sixth Street, Bremerton, Washington, to take public comment or consider written objections to
the vacation.
SECTION 2. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public hearing herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION 3. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council ofthe City of Bremerton, Washington this J7~,(J day
of ql~jL~ A:h , 2005.
J2~,c~ent
APPROVED AS TO FORM:
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1
Russell Road - Public Hearing
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DATE SUBMITTED: July 28, 2005 BILL # 05 ~ I ~t.f
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................J
SUBJECT: Resolution # ~ '11 ~ Setting Committee Meeting Date: August 10, 2005
a Hearing Date of September 21,2005, for COUNCIL MEETING Date: August 17,2005
Vacating the northerly 850 feet of Russell Department: PW &U, Engineering
Road to Oyster Bay Avenue. Presenter: Michael Mecham
Phone: 473.5288
SUMMARY: The City received a petition from Bremerton Housing Authority to vacate the
northerly 850 feet of Russell Road to Oyster Bay Avenue for development of an assisted senior
housing complex in Westpark. The road will be relocated south of its current position. Bremerton
Housing Authority is dedicating like-kind right-of-way in the anticipated redevelopment of West park.
Therefore, no compensation is required for this right-of-way vacation. The City Council is being
requested to establish a hearing date of September 21,2005, to consider the proposed vacation.
ATTACHMENTS: 1.) Resolution # ;>.91(,; 2.) Aerial Exhibit; 3.) Engineeling Staff Report
FISCAL IMPACTS (Include Budgeted Amount): There is no immediate budget impact. The City
will receive like-in-kind property or payment as compensation.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: ,
CONSENT AGENDA 0
OPERATIONS:
-
COUNCIL PRESIDENT: ~-~
RECOMMENDED MOTION: .
Move to pass Resolution # 2.'\ 1ft, setting a hearing date of September 21, 2005, for vacating the
northerly 850 feet of Russell Road to Oyster Bay Avenue.
COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action
ab, Agenda Bins 2005, Russen Rd ResolVac
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:E CI TY OF BREMERTON EXHIBIT FOR
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STREET VACATION REQUEST
PORTION OF RUSSELL ROAD
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: September 21,2005
PREPARED BY: Gunnar Fridriksson
SUMMARY
Applicant: Bremerton Housing Authority
c/o Ted Johnson, Marathon Senior Living Services
P.O. Box 4460
Bremerton, WA 98312
Location: The northerly 850 feet of Russell Road to Oyster Bay Avenue
BACKGROUND
The applicant for this right of way vacation is also the developer of the Firs II assisted
senior housing complex within Westpark.. The project occupies portions of the existing
right-of-way of Russell Road. The applicant petitioned the City to vacate the right-of-
way within the project and relocate the street southerly of its current position. No other
property owners abut this portion of the right-of-way. The connection to Oyster Bay
Avenue from Russell Road is currently within 100 feet of the intersection of Kitsap Way
and Oyster Bay Avenue. The relocated street will provide better sight distance for the
two intersections, better overall operating characteristics and superior function to the
existing Russell Road.
RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
. Functional Classification Local Access Local Access
. R-O-W Width 43 feet 74 feet
. R-O-W Areas ~~5, 154 sq. ft. 55,781 sq. ft.
. Pavement Width ~~4 feet 50 feet
. Surface Type Concrete Asphalt
. Curb and Gutter Standard curb Standard curb
. Sidewalks 4 foot sidewalk 5 foot sidewalk
August 2005
Portion of Russell Road Vacation
Page 1 of 5
I
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
With the relocation of Russell Road, this portion of the right-of-way will not be
required for public use. The relocated roadway will be superior in public access
and function, and will be designed to be consistent with future redevelopment of
Westpark.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan, and
facilitates development of the Westpark project.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
I, Staff Position:
Maintenance costs of the newly constructed portion of Russell Road will be
comparable to the cost to maintain the existing street.
I 4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Russell Road is being relocated. Traffic circulation characteristics for the new
alignment are superior to the existing streets.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The relocated roadway will be consistent with future redevelopment of Westpark
and is expected to meet future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Bremerton Housing Authority, is the only abutting property owner.
August 2005
Portion of Russell Road Vacation
Page 2 of 5
, SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Cascade Natural Gas, Qwest,
Comcast and Wave will retain easements. Permanent utilities easements are to be
reserved for the existing City water, sewer and storm lines. All existing utilities will be
relocated when Russell Road is reconstructed. Said easements will be vacated upon
dedication of the new alignment for Russell Road.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
This right-of-way is Class 1, as it was conveyed to the City in fee title by quit claim dated
August 10, 1951. The value of the vacated right of way is $62,222.58, which is based
on the average property value of the abutting properties weighted on a front footage
basis. Compensation will be paid in the form of a dedication of like-kind in Westpark to
the satisfaction of the City for the relocation of the roadway for the anticipated
redevelopment of Westpark. If a like-kind dedication is not made within five (5) years,
then the City may, upon demand, require payment of the then current assessed value.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing and future utilities. Said easements to be vacated upon
relocation of the roadway and utilities.
August 2005
Portion of Russell Road Vacation
Page 3 of 5
Looking northeasterly from approximate end of vacation along Russell Road
Looking northerly along Oyster Bay from approximate location of new intersection.
August 2005
Portion of Russell Road Vacation
Page 4 of 5
Looking southerly from Oyster Bay/Kitsap Way intersection towards existing Oyster Bay/Russell
Road intersection. Note short distance between two intersections. New intersection will be
approximately 270 feet southerly of existing.
August 2005
Portion of Russell Road Vacation
Page 5 of 5
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