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Home My WebLink AboutNAVAL/OLYMPIC/11TH/10TH - ALLEY Return Address: City of Bremerton 239 Fourth Street Bremerton, WA 98337 \ \\\U\\\ ~~~ \~\\ \\\\ \~\\~\\~\\\'!~ \~\\ ~m~~i~r :~ 1 I:: BRE\"\(Rl0H d 1 ( or AUDITOR/RECORDER'S INDEXING FORM Document Title(s): J. Ordinance Number 4888 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: NW 1/4 OF THE SW 1/4, SEe. 14, T. 24 N., R. IE., W.M., KITSAP CO, WA ( abbreviated) D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not Applicable ORDINANCE NO. 4888 AN ORDINANCE of the City Council of the City of Bremerton, Washington,. relating to the vacation of streets, vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11 th Street and 10th Street in the City of Bremerton. WHEREAS, the City has initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and 10th Street in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2917 declaring its intention to vacate the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and 10th Street, which resolution also set a 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 February 11,2004, in the City Council Chambers of the Bremerton City Hall 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 of the 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 portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and 10th Street in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and all easements contained therein. 11111111 J 1111111111111 ~;~;;::~: ~~,~:p9 BREt1ERTOH C I h or ORO iC2 . (l(l K it sap Co I ~JA 1 Street Vacation- Alley Naval, Olympic, 11th Street, J(jh Street SECTION 3. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and repair of City utilities 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 repair of a gas line and appurtenances within the area vacated pursuant to this ordinance. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabilitv. 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 ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective 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. APPROVED by the City Council the I/:J=J. j day of \ PP I JJ...LUJ. 1. t-' PASSED by the City Council the liflJ day of LPpl./-o'Lu. ~ ,2004. ,2004. Approved this ~ daYOf~~_e:oo~~ CARY BOZEMAN, Mayor APPROVED AS TO FORM: -- PUBLISHE he O!~ day of *~A'I EFFECTIVE the ~ day of ORDINANCE NO. ~R fP ,2004. ,2004. R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Naval, 11th & 10th.doc 2 Street Vacation - Alley Naval, Olympic, 1 fir Street, 1 rflr Street \ \l\II\ "Ill 111\1\ 111\\ \1"\ 111\ \\II\\m ,,\\~~ \~~\ i~l;~;~i ~~ 11:9 BREt1ERTOH CITY OF ' . -- EXHIBIT A That portion of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more particularly described as follows: Beginning 30 feet South and 30 feet West of the Northeast corner of said Northeast quarter; thence West along the south margin of 11 th Street, 100 feet to the True Point of Beginning; thence leaving said south margin, South 46 feet; thence West 12 feet; thence North 46 feet to said south margin of 11th Street; thence East 12 feet along said south margin to the True Point of Beginning. Alley West of Naval Vacation - Legal Description 111111111111 IIIIII IIIII 11111 IIII 1111111 11111111 III 1111 ~~;7~~:ri~11:p9 BREI'1ERTON C IT'y OF ORO t:2 . 00 K 1 t, sap Co i ~lA DATE SUBMITTED: January 28, 2004 BILL # DLj - 0 ~ 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ....................B..........................................................a........ SUBJECT: HEARING AND ORDINANCE # " BSB VACATING THE NORTHERLY PORTION OF THE ALLEY BOUNDED BY NAVAL AVE, 11 TH ST. & 10TH ST. Committee Meeting Date: Febmary 3, 2004 COUNCIL MEETING Date: FEBRUARY 11, 2054 ~/18IDf Department: PW &U, Engineering Presenter: Michael C. Mecham Phone: 5288 SUMMARY: The City initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, 11 th Street and 10th Street. 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 right-of-way would eliminate an entrance onto a busy urban arterial and improve traffic and pedestrian safety. This is a Class II right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: 1.) Ordinance # 1./888 2.) Site Map; 3) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: A, I mOve to approve ths attached ordinafico on first reading, y,raCJating thg b1nrtherIy portiGn ofthe ,.alley bOttIlded by NaT,ral Avcnue, Olympic /i.T{cnue, 11 th Street and 10th Street. .-......... B. I move to pass Ordinance # t.lBt3B on second reading, vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and 10th Street. COUNCIL ACTION: ~prove 0 Deny 0 Table D Continue 0 No Action ab/Agenda Bills 2004/ROW Vac Alley west of Naval, Agenda Bill for Ordinance EXHIBIT MAP FOR STREET VACATION OF PORTION OF ALLEY BETWEEN NA V AL/OL YMPIC AVENUES AND IlTH/lOTH STREETS STREET VACATION REQUEST PORTION OF ALLEY BETWEEN NAVAL A VENUE/OL YMPIC AVENUE AND 11 TH STREET/10TH STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: February 11,2004 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicants: City of Bremerton 3027 Olympus Drive Bremerton, W A 98310 Location: North portion of the alley running north-south between 11 th and 10th Streets, lying west of Naval Avenue. BACKGROUND The City of Bremerton has initiated the vacation process to vacate the north portion of the alley running north-south between 10th and 11 th Streets, lying west of Naval Avenue. The City seeks this vacation to eliminate an entrance onto a busy urban arterial. This entrance is characterized with limited sight visibility and a close proximity to the Naval Avenuel11 th Street intersection. Vacating the alley and eliminating the entrance will improve visibility and safety. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R-O-W Width . Proposed R -0- W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Alley 12 feet N/A 12 feet Asphalt N/A N/A November 6, 2002 Alley Vacation West of Naval Avenue and South of 11th Street Page 1 of4 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: This portion of the alley is not required for public use. Residents may exit onto 10th Street instead of 11 th Street, which is a residential street having much lower traffic volumes. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 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. Staff Position: Vacation of the alley would reduce the City's maintenance in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right of way is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. November 6, 2002 Alley Vacation West of Naval Avenue and South of 11th Street Page 2 of4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. An easement for Cascade Gas will be required, along with an easement for City utilities. SUFFICIENCY OF SIGNATURES N/ A. This is a City initiated vacation of right-of-way. COMPENSATION N/A STAFF COMMENTS No objections were noted from Police, Fire, Engineering, City Attorney or Community Development staff. Staff recommends that this Street Vacation be approved as requested without modification. November 6, 2002 Alley Vacation West of Naval Avenue and South of 11 th Street Page 3 of4 ~~... -.' - ~ ~,-'- -- _ . " ;::'-::'-..:,.;"- ,-~ ~__'-. _ _ k~ ...... ~~~~:~.-~ _..,> \ I " '0 \; ,I, I, . '. a;- y '). ~. "," " . '-. :>;,. Entrance of alley to 11lli Street, looking west. Note narrow sidewalk, sight obstructions from fences, landscaping, mailboxes, etc.. November 6, 2002 Alley Vacation West of Naval Avenue and South of 11th Street Page 4 of 4 RESOLUTION NO. ~17 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11 th Street and 10th Street. WHEREAS, the City has initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and 10th Street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on February 11, 2004, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth 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. Severa b ilitv. 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 of the City. ofBremerton, Washington this ~ day of , 2004. j)~ ~~ Council President . APP~. _.~ ~ ATTE R:\LEGAL\Resolutions\Vacation Naval Olympic 11th and lOth.hrg.doc 1 Alley Naval, Olympic, Ji" & J Oth Vacation - Public Hearing DATE SUBMITTED: December 23,2003 BILL # 04- Oo~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL ............................................................................................. SUBJECT: Resolution # ~1/7 Setting a Hearing Date of February 11, 2004 for Vacating the Northerly Portion of the Alley Bounded by Naval Avenue, Olympic Avenue, 11111 Street and lOtlt Street. Committee Meeting Date: January 13, 2004 COUNCIL MEETING Date: January 21,2004 Department: PW&U, Engineering Presenter: Michael C. Mecham Phone: 360-473-5288 SUMMARY: The City is initiating the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11tlt Street, and 10tlt Street. This right-of-way vacation would eliminate an entrance onto a busy urban arterial and improve traffic and pedestrian safety. This is a Class IT right-of-way and compensation is not required in accordance with BMC 11.20.080. The recommended action is to set a public hearing date of February 11, 2004 for this proposed vacation. ATTACHMENTS: 1.) Resolution # ~ ~ 17 FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAUBUDGET 1{~ · - I CONSENT AGENDA 01 OPERATIONS. : -'~-----= _ -. . COUNCIL PRESIDENT: ~ y". \ !\A'l~ ~ . RECOMMENDED MOTION: I move ~: p~~ R~so~tion # J..~ 17 ' setting a hearing date of February 11, 2004, for vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 1] tlt Street, and 10tlt Street. ~ ~tz~ ~