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Home My WebLink About1ST ST. BETWEEN MARION & YANTIC Return Address: City of Bremerton 239 Fourth Street Bremerton, WA 98337 111111111111 111111111111 111111111111111111 1111111111111 ~~,04 ~:: ~ 0 1 20 BREllERT0t4 CITY OF ORO ,_ 1)?/18/21)1)4 1I):52A , $2,,1)& Kltsap Co, WA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance Number 4896 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City ofBremerton D Additional names on page of document. Grantee(s): 1. Not applicable D Additional names on page of document. Legal Description: Portion ofNW 1/4, NE 1/4 of SEC. 22, T. 24 N., R. lE., W.M., KlTSAP CO., W A (abbreviated) D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. -!i6Q(P AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of First Street located between Marion and Y antic Avenues in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton, and WHEREAS, the City passed Resolution No. 2922 declaring its intention to vacate a portion of First Street located between Marion and Y antic Avenues, 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 April 28, 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. A portion of First Street located between Marion and Yantic Avenues 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 owner including any and all easements contained therein. 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. 1 Street Vacation - First Street between Marion and Yantic Avenues 111111111111111I 111111 BREtlERTON CITY OF ORD :t22 . 00 200407190120 Pag!?: 2 of 4 07/19/2004 10:52A Ki tsar Co, ~JA c. An easement is reserved for Puget Sound Energy for operation, maintenance and repair of electrical facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for QWest for operation, maintenance and repair of utilities within the area vacated pursuant to this ordinance. SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. 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 ofthis ordinance and the same shall remain in full force and effect. SECTION 6. f[fective 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 d,i:l:1.) day of C?yu..L"-tJ PASSED by the City Council the IYJ,) day of ~a </_ ,2004. ,2004. Approved this I W.J day of '(JvV'"- DAREN NYGREN, Co 7zA/' ~g; -, CARY BOZEMAN, Mayor Paula Johnston, terim City Clerk PUBLISHED the / ttIu day of ~ EFFECTIVE the d.3:J;J) day of / ORDINANCE NO. 4(jQ(.,;, ._ APPROVED AS TO FORM: '- ~ ..JC) ~IL- ROGER A. LUBOVICH, City Attorney ,2004. ,2004. R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Marion & Yantic.doc 2 Street Vacation - First Street between Marion and Yantic Avenues 1111111111111111 1111 II BREllERTOt.l CITY OF ORD $22.00 200407190120 Page: 3 of 4 07/19/2004 10:52A Kitsap Co, ~JA r/ EXHIBIT A Legal Description Right-Ot-Way Vacation A portion at First Street located between Marion and Yantic Avenues THAT PORTION OF FIRST STREET SITUATE WITHIN THE PLAT OF CHARLESTON NAVY VIEW ADDITION AS RECORDED IN VOLUME 4 OF PLATS, PAGE 81, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 52, BLOCK 3, SAID PLAT OF CHARLESTON NAVY VIEW ADDITION ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRST STREET; THENCE WEST ALONG THE SOUTH LINE OF SAID FIRST STREET 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WEST 15.00; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID NORTH LINE 15.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR UTILITIES. I '!!!!~~ljl!.I' I UHIHIII HH UH ~~04~~; ~O 120 URD $2=' WI rO?f( 1.91,004 1fJ: ~;'A L.. ." \Lsap r. /I ..JL. . ~o) I'iA rl DATE SUBMITTED: April 6, 2004 BILL # 0'1- D7~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEARING AND ORDINANCE# 46q~ VACATINGA PORTION OF FIRST STREET LOCATED BETWEEN MARION AND Y ANTIC A VENUES. Committee Meeting Date: April 20, 2004 COUNCIL MEETING Date: APRIL 28, 2004 Department: PW &U, Engineering Presenter: Michael C. Mecham Phone: 473.5288 SUMMARY: The City received a petition from Victor Targett to vacate a portion of First Street located between Marion and Yantic A venues. 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 III right-of-way and compensation is not required in accordance with BMC 11.20.~ /1..10. ATTACHMENTS: 1.) Ordinance# lfB'1{o; 2.) Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEP ARTMENT DlRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: CONSENT AGENDA 0 A-.---fvfu yc; Lv i:tl-'l-'lU v e; the; atta\,hprl Otdi" Oluce on fir<;:t rp~rliTI e. V~('<>tiBg a p9rtinTI of First Strept J9~atetl ..betH/Ben ~fl\1 iOll <111J Y i:tlll~v A v vntlcs. B. Move to pass Ordinance # ~ on second reading, vacating a portion of First Street located between Marion and Y antic Avenues. . COUNCIL ACTION: ~prove o Deny o Table o Continue 0 No Action ab/Agenda Bills 2004/First Street Vacation, Agen<:ia Bill for Ordinance z~ ~~ ;... ~ "c::,.. ~ ~ z t:rj I---l' " ~ (fJ t:rj o . l\) l\) " I-j ~ '- 0'1 ., ~~ '" ~~ ~, - '. ~~ ,~~I ~~~~~~~ ~ '-:0~:\ ~~ ~~"~ ~~I - ~~ ~~~~ o~ ~ 'Y'd'Y ~ ~ ~ ~~~~ I' _ - 1 ~~~~~ I ~~~~~ ~ )~- ~' (~~~ ~ ~il'if ~~ ~'~h- """3 'ti ~ ~ ~~~~~.>:; ~ (;j'~ ~~~~ /1 3()~ ~~~~ ( ~ g s. ~~~~", ~ ~ ......C/) '::..::'~~~~ ~ 'tJ~~ ~~ .g .., () C/). ~~~~~ /'> ~ ,~[~ ~~ ~~ ,~r" 30' ~W~ ~0~ ~~' I "~~~ HARTFORD A . ~ VE. _ ~~ 11- -~~.~~ ~ ,~~~~~ EXHIBIT MAP ," ~g~D VACATION DEVELO:MOE~TEAST . L.L.C. ~, 00 ~ 1J..>- ~<?: OJ ~L.., J1':~C:> ( 0 90~ >~~ "'Y"n\~~ /\ <& /I iJI . /I ~(' ~.(' CD'0 Ji" l\) ~ ~ I " lti) , ~ , 0 I , . I ,- - " .>( , '...}.oJ I---l' I t:rj I . I " I ~ , I ~ o~ .~1-- I ~~"'YL I ,-> J... I I I <:. I I' I I I I I I ~ RESOLUTION NO. ;).. q d-d- A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of FIrst Street located between Marion and Y antic Avenues. WHEREAS, the City received a petition to vacate a portion of First Street located between Marion and Yantic Avenues; 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 April 28, 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 proct;:edings under this resolution. SECTION 3. Severabilitv. 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 ofthis Resolution and the same shall remain in full force and effect. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ~ ASSED by the City Council of the City of Bremerton, Washington this I '1/-4 t; of ~ ,2004. day :1?~,c~ 1 First Street - Public Hearing APPROVED AS TO FORM: ~~ ..' C__. '''R'' , R A. LUBOVICH, City Attome~ .' ab, Agenda Bills 2003, Dee Streetlight Standards, 12-03, Resolution 2 First Street - Public Hearing DATE SUBMITTED: March 11, 2004 BILL # 0'-1- 053 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution # ~ q ').~ Setting a Hearing Date of April 28, 2004, for Vacating a portion of First Street located between Marion and Yantic A venues. Committee Meeting Date: March 23, 2004 COUNCIL MEETING Date: March 31, 2004 Department: PW&U, Engineerin~~ Presenter: Michael Mecham ~ Phone: 473.5288 SUMMARY: The City received a petition from Victor Targett to vacate aportion of First Street located between Marion and Y antic Avenues. This right-of-way consists of steep vegetated hillside and is not being used by the public. The petitioner is requesting the vacation to correct a previously recorded short plat. This is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140. ATTACHMENTS: 1.) Resolution # ..2'J-~.) Site Map; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: --------- FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution #J. '\;),d- setting a hearing date of April 28, 2004, for vacating a portion of First Street located between Marion and Yantic Avenues. -u I CONSENT AGENDA 0 I COUNCIL ACTION: ~rove ab, Agenda Bills 2004, First Street Vacation, Reso D Deny D Table D Continue D No Action ~ ...... CJ1 \))~ -'}-)~ 01 <0 ~ ~I '\)A (0 z ~ I "'~ ~ ~ "'L. ~ Y: 00 ~ to 0-~~ i--> ( :, 't'0 "'- -y' n' -t-~ W A ~!'~ .p. l? (' \ '(' 'b '(\ 0, Z l? --- --- t::rj 0; 30' YANTIC A v.E. i--> "'- VACA TED PER A.F. #200103230042 li! .p. -i--T--\--i-- \)-\) <b 0 ..., I W. I v I d ~ t::rj () g I~ I ~;7(, I Q () (bO DJ I I '''''o~~ ," Q ,- - ," 1'""3 " I ,J ir ft' J' '.....J \ I~ l\) ,(...., ........ \ .... , , '0 ,'> ......' l\) ,,," I ~' 'P\;; , ').. 0 i~ t-3 I L-y I OO~ L0 -'}-) 0' ~ I ~(\i.( I . ~ I l\) t;:;, I .p. I Z I~ I I ::0 I 1 (.l ,-- " " I I ',}.' ......' ,'> " , , i--> I 1 t?:l I I I 30' ~ 1 I a;:: HARTFORD A v.E. NORTH: Assumed - ~ SCALE: 7 "=40' A~~Nj}I~~ EXHIBIT MAP ROAD VACATION FOR: DOWN EAST DEVELOPMENT, L.L.C. . <<<jl " <'.:~~'S'< <:. ",. ,~<~~ ~~~~~~~ ~~~~~~I\ '.. '..,~, ~.~~ .,,'..,,~ "~"" ~~~~ ~~:~~~ ~, '..~~~~>\ ,,'-.: ~", ,0: ~~?~ ,-:~~~~.,,~.~~ . ,,~~;.::.~~ ~~~::,,'-.: i~~~ ~~~~~. :J-'~~~0 ~ ~~~:\: ~I~~~ i. ~~~~~ ~~~ I. ~~~ '..~~~ ~~~ ~~~ II . w. o OWN BY: CHK. BY: R,L.J, SED, DATE: JOB No, 6/09/03 2975 STREET VACATION REQUEST 1st STREET AT YANTIC AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: April 28, 2004 PREPARED BY: Gunnar Fridriksson ~ SUMMARY A. Applicant: Downeast Development AUn: Victor TargeU P.O. Box 789 Bremerton, WA 98337 Location: West half of the South half of 151 Street at intersection with previously vacated Yantic Avenue. B. Attachment: Vicinity Map and Vacation Area Map BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of 151 Street which abuts their property (approximately 450 sf). This portion of 151 Street has a steep topography, and has never been developed for road purposes. The lead on this application is a development company, which has recently recorded a short plat on the abutting property (City of Bremerton Short Plat #PL02-0019). In that short plat, the previous right of way vacation for Yantic Avenue (City of Bremerton Ordinance #4758) was shown incorrectly. This vacation would correct the previously recorded short plat documentation. RIGHT-OF-WAY CONDITIONS . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Arterial 30 feet N/A N/A N/A N/A N/A 22 October 2003 1st Street at Yantic Avenue Page 1 of 4 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: Due to the topography of the area in question (steep slopes), it is unlikely that this portion of 1 st Street will be utilized for roadway purposes. 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: This portion of the right-of-way is not being used for public way purposes. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Substitution of a new and different thoroughfare would not be useful to the public. 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: There are no objections. All abutting property owners have signed the petition for the proposed vacation. 22 October 2003 1st Street at Yantic Avenue Page 2 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Cascade Natural Gas and Owest will retain easements. Utilities easements are to be reserved for the existing City water utilities. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or providing improvements. No compensation is required for Class III right-of-way. STAFF RECOMMENDATION Department of Community Development, Police, Fire and Engineering supports this vacation. City Attorney wishes to be assured the utility easements will be properly reserved. Staff recommends that this Street Vacation be approved as requested without modification. 22 October 2003 151 Street at Yantic Avenue Page 3 of 4 Standing on north edge of 1 st Street, looking south towards Yantic Avenue. Standing at north edge of vacation, looking east along 1st Street at slope. 22 October 2003 1st Street at Yantic Avenue Page 4 of 4