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HomeMy WebLinkAbout2ND ST. S. SIDE - PARTIAL SUBTERRAN 11111111111111111111I111111111111111111111111111111 1111 :~~;:~aZ? ~~:€ C IT'l OF 8RD1ERTO!.j ORD t2J.00 Kitsap Co! ~jA Return Address: City ofBremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4907 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City ofBremerton o Additional names on page of document. Grantee(s): l. Not applicable o Additional names on page of document. Legal Description: Portion of Govt. Lot 1, (SW \4, SW \4) Sec. 13, T. 24 N., R. 1 E., W.M., Kitsap Co., W A (abbreviated) o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. f Cf () 7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating an area underneath the south side of Second Street from Washington Avenue westerly to the alley at mid-block, in the City of Bremerton. WHEREAS, the City has initiated the vacation of an area underneath the south side of Second Street, from W ashington Avenue westerly to the alley at mid-block, in the City of Bremerton; and WHEREAS,. the City passed Resolution No. 2932 declaring its intention to vacate this area underneath Second Street, from Washington Avenue westerly to the alley at mid-block, which resolution also set a hearing to take public comment or consider written objections to the partial underground 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 August 4, 2004, in the City Council Chambers ofthe Bremerton City Hall to take public comment or consider written objections to this vacation; and' WHEREAS, this vacation is sought to incorporate the area into the abutting property owned by Kitsap Federal Credit Union; and.." WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; 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 area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the ab_utting property owners subject to reservations of easements as set f01ih in Section 3 and conditions for construction of improvements as set forth in Section 4. 1 Second Street Partial Underground Vacation 11I1I11111i1 111111 """ III" 11111 11111 III "11111111111 :!~;;~1:~~ ~~:;p 1 CITY OF BF.:Et1ERTOtJ OF.:D :t23. 00 Ki !,Sctp Co! ~.JA SECTION 3. Reservation of Easements. 1. The following easements are reserved in the area vacated: a. An easement is reserved for the City ofBremerton, 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 construction, operation, maintenance and repair of gas lines and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Qwest Corporation to construct, reconstruct, modify, change, add to, operate, maintain, and remove telecommunication facilities, and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Puget Sound Energy to construct, reconstruct, modify, change, add to, operate, maintain, and remove electrical facilities, equipment and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. 2. The utilities within the above-reserved easements may be rerouted and relocated to an area outside the vacated area as requested by and at the cost of the abutting property owner subject to approval by the Department of Public Works and Utilities. 3. The Department of Public Works and Utilities is authorized to release and reconvey reserved City easement or easements within the vacated area when and if City utilities are rerouted and relocated. SECTION 4. Imorovements within Vacated Area. The construction of any underground improvements shall meet current vehicle loading requirements on the restored roadway, curb, gutter and sidewalk over the vacated area as required by AASHTO and WSDOT Design :Manuals. SECTION 5. Severa b ilitv. 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. 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 .1;/>>) day of PASSED by the City Council the / ~ day of ,2004. ,2004. 2 Second Street Partial Underground Vacation 1/11111111111111111111111111111111111111111111111111111 :;~:;:}o~~ ~~:;p 1 em' OF BF:ErlEF:TOtJ OF:O :t23 . 00 f<i t S<ip Co! ~jA Approved this Old/pC day of ~) ~4~ CARY BOZEMAN, Mayor - PA APPROVED AS TO FORlY!: PUBLISHED the~ rf:I-.Ju day of EFFECTNE the & d day of ORDINANCE NO. ~9o 1 :iJ~5~hl) ,2004. ,2004. R:\LEGAL\Ordinances\Public Works & UtilitiesWacation - 2nd St. Underground-ord.doc 3 Second Street Partial Underground Vacation 111111111111111111111111111111111111111 CITY OF BREMERTON 20041207031 F'al~e: 4 of 5 12/07/2004 02:3BF :t23 . 00 Ki t sap Co.. flA OF.:D EXHIBIT A Vacation of an underground portion of Second Street, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County Washington, situate in Govemment Lot 1, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Begimling at a point at the northwest comer of Lot 8, Block 9 of said plat, also being the True Point of Beginning; thence N 1035' 1 7" W 20.03 feet to a line parallel with and twenty feet north of the north line of said Block 9; thence S 88024'43" E 223.84 along said parallel line; thence S 63037'44" E 69.92; thence leaving said parallel line, S 26022'16" W 20.00 feet to the said north line of Block 9; thence along said north line N 63037'44" W 65.53 feet; thence N 88024'43" W 218.34 feet to the True Point of Beginning. EXCEPT for that portion of the area two (2) feet immediately below and running contiguous to the current surface grade of the above described property. Vacation of Porlion of Second Street, Subterranean Page 1 of 1 1111111/111/11111I11111111111111/11111/1111111/11111 :;~;r1}Q~~1~::p1 C!T'i' OF 8F:EtlEF:TmJ OPD $"23 . 00 K it sap Co) ~.JA DATE SUBMITTED: July 21,2004 BILL# 04-/50 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and Ordinance # A1 07 vacating an underground portion of Second Street SecoV'<:! t'<et6\ V\j Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: .---- ~UgHst 4,2004 ??--f8--oLj City Attorney's Office Brett Vinson 473-2345 SUMMARY: The City initiated the vacation of an underground portion of Second Street at the comer of Washington Avenue and Second 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. The proposed vacated area will be incorporated into the abutting property owned by Kitsap Federal Credit Union. This is a Class II right-of-way for which compensation will be paid by the Kitsap Federal Credit Union. ATTACHMENTS: 1.) Ordinance # 4- ~ 0 7 2.) Site Map; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): No Impact APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: (>~,) ~V\ II f 'f ~ r I CONSENT AGENDA D I ~- - v ~~ :t.f~. ~ Lv app'v. Ii tho uthuLui .:,.d~H"'H,",,", VB h,,,lI~ad~llb' Ydl"i:1L~llb all alv"- uBdvulvadI tIle; ::,uutlI ...A~ v[.3~l"UllU ;)lfeel, Trom Wa~ll111btvB :H~H~~ .\53tDIIJ tn tlilo Elll~~'lIt mirl 1-.1""Jr J B. Move to adopt Ordinance # 4-10 7 on second reading, vacating an area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block. COUNCIL ACTION: ~pprove 0 Deny 0 Table 0 Continue 0 No Action R:\LEGAL\Ordinances\Public Works & UtiIitiesWacation - 2nd St. Underground.ab.doc SUMMARY OF UNDERGROUND STREET VACATION FOR THE SOUTHERN PORTION OF SECOND STREET Between Washington Avenue and Pacific Avenue BACKGROUND The Kitsap Federal Credit Union recently purchased the parcel of property at the corner of Second Street and Washington Avenue to construct a new credit union office. In order to provide adequate parking for the new building, the credit union is proposing the construction of an underground parking lot. It is proposed that the parking lot extend into the underground portion of the second street right of way. SUMMARY Engineering staff, in cooperation with the Legal staff contacted all utility users of the right-of way to determine the potential impacts of the vacation. There are telephone, electric and natural gas facilities in the southern portion of Second Street. In the ordinance, easements were retained to accommodate these utilities. As a part of the construction some of these utilities will need to be removed. The utilities can either be placed in the ceiling of the underground parking or be relocated in the northern portion of Second Street. This is a decision that will need to be made during the design of the credit union building. At the conclusion of the construction, Second Street will function as part of the City street system as it does today. The south half of Second Street will actually be a structural part of the parking lot. The ordinance states that the street shall be constructed in accordance with state and national standards to accommodate the weight of typical traffic. EXHIBIT FOR 2ND STREET VACATION (SUBTERRANEAN) 2ND STREET ~ . ~~ .~ .~ 8 9 10 11 12 13 26 25 24 23 22 2 1 1ST StREET ~ L, c ..... I\) CD o .f>. o to .. I\) w OJ fT1 :J a-q .... :J m m , .... :J a-q t:j .... < .... Ln .... o :J w C1l o I .f>. --.J (Xl I (Jl W to CD "1l I\) City of Bremerton, Department of Public Works and Utilities Engineering Division Staff Report Vacation of an Area Underneath the South Side of Second Street City Council/Public Hearing Date: Report Prepared By: August 4, 2004 Gunnar Fridriksson, Civil Engineer SUMMARY A. Applicant: City of Bremerton 239 Fourth Street Bremerton, WA 98337 Location: An area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block. B. Attachment: Exhibit Map BACKGROUND The City of Bremerton has initiated the vacation of an area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block. Kitsap Federal Credit Union (KFCU) has proposed purchasing the abutting property to construct a new building with an underground parking garage. The design of the new underground parking garage requires a portion of the structure to be located within the right-of-way of Second Street. As this subterranean use of Second Street will not impair use of the surface improvements on Second Street to the traveling public, the City has initiated this vacation. The proposed vacation location is illustrated on the attached exhibit. RIGHT-OF-WAY CONDITIONS . Functional Classification . Existing Right-of-Way Width (surface) . Proposed Right-of-Way Width (surface) . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local street, non-arterial 60 feet 60 feet 36 feet Asphalt Yes 12 foot HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council shall determine following the Vacation Hearing. These issues and City staff positions are as follows: 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. City Staff Position: The surface of the right-of-way is required for local access and use, and will need to be retained by the City at the full 60 foot width. The City will relinquish use of an area underneath a portion of Second Street, below approximately 2 feet below existing finish grade at the curb and gutter on the south side of the street. 2. Whether the vacation is consistent with the City Comprehensive Plan. City Staff Position: The proposed vacation does not conflict with the City Comprehensive Plan. 3. Whether the continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. City Staff Position: Loss of the subterranean use of Second Street will not increase or decrease the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. City Staff Position: The roadway and its use shall remain and be unhindered by the loss of the area underneath Second Street. 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. City Staff Position: No future use of this portion of the area underneath Second St. is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. The abutting property owner is Bremer Trust, who will complete an agreement for sale of the property to KFCU at the end of July. Both the Bremer Trust and KFCU support the vacation. July 22, 2004 Engineering Division Staff Report Proposed Underground Vacation of a Portion of Second Street Page 2 of 6 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies were contacted. Cascade Natural Gas, Puget Sound Energy, and Qwest will retain an easement. Utility easements will be reserved for the existing City storm water and sanitary utilities. All easements for existing utilities will be released upon redevelopment of the property by KFCU and construction of the parking garage, and arrangements are made for the utility relocations. SUFFICIENCY OF SIGNATURES Not Applicable - The City initiated the vacation. COMPENSATION The City will receive compensation in the amount of $90,000.00 from KFCU for this vacation. This is in accordance with an agreement between the City, Kitsap Transit and KFCU for a "Kiss-n-Ride" drop off area for the Bremerton Transportation Center. STAFF COMMENTS The City Fire Department, Attorney, Department of Community Development, Police Department, and Engineering all support this vacation. Staff recommends approval of the vacation of an area underneath Second Street with easements reserved for all existing utilities. The construction of any underground improvements shall meet current vehicle loading requirements on the restored roadway, curb, gutter and sidewalk over the vacated area as required by AASHTO and WSDOT Design Manuals. July 22, 2004 Engineering Division Staff Report Proposed Underground Vacation of a Portion of Second Street Page 3 of 6 Looking westerly on Second Street from corner of Second and Washington. Looking easterly on Second Street from alley. July 22, 2004 Engineering Division Staff Report Proposed Underground Vacation of a Portion of Second Street Page 4 of 6 Looking from parking garage north of Second Street, south-easterly at vacation area and abutting property. July 22,2004 Engineering Division Staff Report Proposed Underground Vacation of a Portion of Second Street Page 5 of 6 RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed partial subterranean vacation of Second Street. WHEREAS, the City has initiated the partial subterranean vacation of a portion of Second 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 August 4,2004, 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. 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 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. day of ~ PASSED by the City Council of the City of Bremerton, Washington tbis 7;;t,,(, .J~_ , 2004. c- y~ . DAREN NYGREN, Counci OFO 1 Second Street Partial Vacation- Public Hearing DATE SUBMITTED: July 1,2004 BILL # 0'-( - I 3 tf AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................g.....g.......................................................... SUBJECT: Resolution No. ;J, q 3;< setting a hearing date of August 4, 2004, for vacating a subterranean portion of Second Street C 'tt M t' D t ~97BE4HEARD AT PRE-CQUNC I L omml ee ee mg a e: I /0 COUNCIL MEETING Date: July 7,2004 Department: City Attomey's Office Presenter: Brett Vinson Phone: 473-2345 SUMMARY: The City initiated the vacation of a subterranean portion of Second Street at the comer of W ashington Avenue and Second Street. The vacated area will be incorporated into the abutting property owned by Kitsap Federal Credit Union. This is a Class II right-of-way and compensation will be required in accordance with BMC 11.20.140. Staff requests that a hearing date of August 4, 2004 be established to consider the proposed vacation. ATTACHMENTS: Resolution FISCAL IMPACTS (Include Budgeted Amount): The City will receive up to 50% of the appraised value of the property pursuant to BMC 11.20.140 ~. , APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: / FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I RECOMMENDED MOTION: I move to approve Resolution No. ~ <13,;), setting a hearing date of August 4, 2004, to consider vacating a subterranean portion of Second Street. COUNCIL ACTION: ~pprove 0 Deny 0 Table o Continue 0 No Action