HomeMy WebLinkAbout13TH/16TH-ALLEY:15TH,BROADWAY-WARRE
Return Address:
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337-1873
1111111111111111111111
ORD
200501140236
Page: 1 of 5
Sl!14!2SS5 S2:5BP
Kitsap Co! WA
BREMERTON CITY OF
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s}: 1. Ordinance 4912
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: NE Y4 of the NE ~ and SE ~ of the NE ~ Sec. 14, T. 24 No., R. 1 E., W.M.located in Kitsap
(abbreviated) Co.,WA
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: Not applicable
ORDINANCE NO. t.{ q I~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of the north/south alley between 13th and 16th
Streets, and a portion of 15th Street between Broadway and Warren
A venues and further reserving easements for utilities within the
vacated area.
WHEREAS, the City received a petition to vacate a portion of the north/south
alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren
A venues in the City of Bremerton, and
WHEREAS, the City passed Resolution No. ;;Z q4~ declaring its intention to
vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street
between Broadway and W arren 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 October 20,2004, 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 the north/south alley between 13th and 16th Streets, and
a portion of 15th Street between Broadway and Warren 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 ("Property Owner") including any and all easements
contained therein.
1
Street Vacation-
Alley 15th Street, Broadway Ave
11111111111111111111111111111111111111111111111111111 ::j~~2:~i 1~~:p6
8REMERTON CITY OF ORD $2~:. 88 Ki t.s~p Co.' WA
SECTION 3. Easements. The granting of this vacation is subject to and
conditioned upon 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 Puget Sound Energy for operation, maintenance
and/or repair of electrical facilities and appurtenances over, under and upon the existing facilities
within the area vacated pursuant to this ordinance.
d. An easement is reserved for Qwest for operation, maintenance and/or repair of
telecommunication 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:
a. Property Owner shall dedicate Broadway Avenue between 15th and 16th Streets for
public use.
b. Property Owner shall dedicate a public access easement between the existing alley
and Broadway Avenue.
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-
Alley 15th Street, Broadwa)! Ave
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8REMERTON CITY OF ORD $23, BB Kit. s~p Ce,,< WA
SECTION 7. 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 dlJdu day of (f~..I.:tJ..IJ-IA )
PASSED by the City Council the ~ 7f)) day of ~12-I.uA)
,2004.
,2004.
Approved this I4t
DAREN NYGREN,
day of 7.t k/,t'.-..J' .>-.0. -' . 20~
Elmo . Mayor
-
ATTEST:
APPROVED AS TO FORM:
PA LA JOHN ON, City Clerk GER A. LUBOVIC
PUBLISHED the ~ day of ~~j ,2004.
EFFECTIVE the /d.:t::A..J day of__ _- _J' , 2004.
ORDINANCE NO. LI '11~
R:\LEGAL\Ordinances\Public Works & UtilitiesWacation - Olympic College. doc
3 Street Vacation-
Alley 15th Street, Broadway Ave
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8REMERTON CIW OF ORD t::3. &S Ki tsap Co, WR
EXHIBIT A
THAT PORTION OF LOTS 1, 2 AND 3 OF TRACT 6 AND LOT 5 OF TRACT 7 OF WARREN
SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS
OF KITSAP COUNTY, WASHINGTON, AND OF THAT PORTION OF 15TH STREET LYING
WITHIN A STRIP OF LAND 14 FEET IN WIDTH, THE EAST LINE OF WHICH IS DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT 144.38 FEET NORTH 88026'26" WEST OF THE NORTHEAST
CORNER OF SAID LOT 3; THENCE SOUTH 01005'14" WEST A DISTANCE OF 63.59 FEET
TO THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 3, SAID POINT ALSO BEING A
POINT ON THE NORTH LINE OF THE PLAT OF JOHN ROLSTADT'S, 1ST ADDN. TO
BREMERTON AS RECORDED IN VOLUME 4 OF PLATS PAGE 38; THENCE NORTH
88025'55" WEST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET TO THE
NORTHWEST CORNER OF LOT 1 OF SAID PLAT OF JOHN ROLSTAD'S, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF ALLEY IN SAID PLAT; THENCE SOUTH
01005' 14" WEST ALONG THE EAST LINE OF SAID ALLEY A DISTANCE OF 127.17 FEET TO
THE SOUTHWEST CORNER OF LOT 4 OF SAID PLAT OF JOHN ROLST ADT'S, SAID POINT
ALSO BEING ON THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 2 OF TRACT 6;
THENCE SOUTH 88024'54" EAST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET;
THENCE SOUTH 01005'14" WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF
SAID LOT 2 OF TRACT 6; THENCE NORTH 88024'23" WEST ALONG SAID LINE A
DISTANCE OF 2.00 FEET; THENCE SOUTH 01005'14" WEST A DISTANCE OF 127.17 FEET
TO THE SOUTH LINE OF SAID LOT 1 OF TRACT 6, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF THAT PORTION OF VACATED 15TH STREET, AS RECORDED
UNDER AUDITOR'S FILE NUMBER 200102280038; THENCE SOUTH 01005' 14" WEST
ALONG THE NORTH LINE OF SAID VACATION A DISTANCE OF 30.00 FEET TO THE
SOUTHWEST CORNER THEREOF SAID POINT ALSO BEING ON THE NORTH LINE OF
SAID LOT 5 OF TRACT 7; THENCE SOUTH 01005'23" WEST A DISTANCE OF 56.00 FEET;
TO THE TERMINUS OF THIS DESCRIBED EAST LINE.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO
TERMINATE AT THE SOUTHERLY BOUNDARY OF PARCEL AS DESCRIBED UNDER
AUDITOR'S FILE NUMBER 9403070248 AND THE SOUTH RIGHT-OF-WAY LINE OF 16TH
STREET.
ALSO TOGETHER WITH A PORTION OF 15TH STREET DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7, A DISTANCE
OF 156.49 FEET SOUTH 88023'23" EAST OF THE NORTHWEST CORNER THEREOF, SAID
POINT ALSO BEING ON THE SOUTH RIIGHT-OF-WAY LINE OF SAID 15TH STREET;
THENCE NORTH 88023'23" WEST ALONG SAID LINE A DISTANCE OF 39.92 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS OF WHICH
BEARS NORTH 22038'21" WEST A DISTANCE OF 68.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5r54'35" AN ARC LENGTH OF
68.73 FEET TO THE WEST LINE OF AN ALLEY 14.00 FEET IN WIDTH; THENCE ALONG
SAID WEST LINE SOUTH 01005'14" WEST A DISTANCE OF 52.73 FEET TO THE POINT OF
BEGINNING.o
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BREMERTON em' OF l '1\:._'. IN -
DATE SUBMITTED: October 12,2004
BILL# 0 if - .;l;LD
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
..............................................B....................B....a...............
SUBJECT: Hearing and Ordinance #
if1 l;t Vacating a Portion of the
North/South Alley Between 13th and 16th
Streets, and a Portion of 15th Street Between
Broadway and Warren Avenues.
Committee Meeting Date: .5'eprefYIher- d.1, J-ot>i
COUNCIL MEETING Date: October 20, 2004
Department: PW &U, Engineering
Presenter: Michael C. Mecham
Phone: 473.5288
SUMMARY: The City received a petition from Olympic College to vacate a portion of the
north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and
Warren Avenues. 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.
ATTACHMENTS: 1.) Ordinance # tfq r:)...; 2.) Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
/Ietrrd 1 /Jq /04
A#c;;l?~
I CONSENT AGENDA 0 I
RECOMMENDED MOTION:
A Mmre to :!lppro"~ tb~ attached ordin~ce gn fin:t nmdiRg, v<1valing a portion uf lll'-' north/south-
:'1l1Py np.twppu 11th <IT'd 1 gth Stroots, and a P<ht~Ull uf 15th Sllt;eL beTWeen BruaJday-ftnd V',T:;Jrren
Avenues.
B. Move to pass Ordinance # ~n second reading, vacating a portion of the north/south alley
between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues.
COUNCIL ACTION: ~rove
o Deny
D Table
D Continue D No Action
ab/Agenda Bills 2004/Broadway 15th St, Agenda Bill for Ordinance
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RESOLUTION NO. ;Z q L{-;}-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of the north/south alley between
13th and 16th Streets, and a portion of 15th Street between
Broadway and Warren A venues.
WHEREAS, the City received a petition to vacate a portion of the north/south
alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren
Avenues.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on October 20,2004, 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.
PASSED by the City Council of the City of Bremerton, Washington this ta;tJ J day
of (~f..t>l~ , 2004.
=o~~-
DAREN NYGREN, C n 11 Presldent
APPROVED AS TO FORM:
~~ R~
ROGER A. LUBOVICH, City Attorney
C:\Documents and Settings\SWEM\Local Settings\Temp\Resolutl.doc
1
Alley IStll Street, Broadway Ave - Public Hearing
1000 SUBMITTED: September 22, 2004
BILL# OLt - ;)05
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
..s.aa.mBas.aammDBODaumsa..aas.msaamSBsuma..ma.ssamDS.aBgaaa..maammmamaamggmB..mmmasa..aaam,
SUBJECT: Resolution # a ~ l\ 'l. Setting
a Hearing Date of October 20, 2004, for
Vacating a portion of the north/south alley
between 13th and 16th Streets, and a portion
of 15th Street between Broadway and Warren
Avenues.
Committee Meeting Date: September 29,2004
COUNCIL MEETING Date: October 6, 2004
Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: 473.5288
SUMMARY: The City received a petition from Olympic College to vacate a portion ofthe
north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and
Warren A venues. Olympic College incorporated the proposed vacated area into the new student
parking lot. Olympic College is granting a public access easement to the City. In addition, Olympic
College is dedicating Broadway Avenue for public use. Therefore, no compensation is required for
this right-of-way vacation. Since Olympic College is a governmental agency, compensation may also
be waived for that reason. The City Council is being requested to establish a hearing date of October
20, 2004, to consider the proposed vacation.
ATTACHMENTS: 1.) Resolution # a Q4d.;.2.) Site Map; 3.) Engineering Staff Report
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Resolution #~q L\ a... setting a hearing date of October 20,2004, for vacating a portion
of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway
and Warren Avenues.
~
I CONSENT AGENDA 0 I
COUNCIL ACTION: ~ve
<:)"h Aru:.rulQ U ill " ')()OA Jl-rn'.lf'luf':nr 1 ",th ~trpat
o Deny
o Table
o Continue 0 No Action
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· ...., '~~'~;~N~"'" .'..,'"7r"'~'~:~~:::~~."';#~"..;" "~:::'; '~'::~:~ ~1'.''',..;,..~.;~~;~'81:1 c ACCESS EASEMENT
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Exhibit Map for Portion of A\1ley and 15th Street Vacation for
Olympic College March 2004
STREET VACATION REQUEST
OLYMPIC COLLEGE ALLEY VACATION
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 20, 2004
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Olympic College
Attn: Robert Holmes
1600 Chester Avenue
Bremerton, WA 98337
Location:
Portion of the alley running north-south on east side of Broadway
Avenue, from 13th Street to 16th Street, and portion of 15th Street
from Broadway to previous vacation of 15th Street (City of
Bremerton Ordinance #4753) west of Warren Avenue.
B. Attachment: Vacation Area Map
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate a portion of the alley that
runs north-south beside their property, between 13th and 16th Street and Broadway and
Warren Avenues. No other properties abut this portion of the alley. This portion of the
alley was mistakenly thought to be included in the previous 15th Street vacation (City of
Bremerton Ordinance #4753) and was incorporated into the design of the new student
parking area. Upon submittal of the design to the City, the error was noted, along with
several other issues involving public access to the remainder of the alley, and the
missing Broadway Avenue dedication. The applicant has worked with the City of
Bremerton to resolve all of the right of way issues in this area.
The proposed vacation also includes a small portion of 15th Street between Broadway
Avenue and the previously vacated portion of 15th Street, west of Warren Avenue.
In vacating the rights-of-way, the applicant will grant an ingress and egress easement
across their property to allow access between the remainder of the alley south of the
property and Broadway Avenue. The applicant will also properly dedicate the existing
Broadway Avenue between 15th and 16th Streets to the City. See the attached exhibit.
March 11, 2004
Olympic College Alley Vacation
Page 1 of 4
RIGHT -OF-WAY CONDITIONS
. Functional Classification
. Existing R-Q-W Width
. Proposed R-Q-W Width
. Pavement Width
. Surface Type
. Curb and Gutter
. Sidewalks
Alley/Local Access
14 feet (alley), 30 feet (15th Street)
N/A
14 feet (alley), approx. 20 feet (15th St.)
Asphalt
None
None
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 alley and 15th Street is not required for public use, provided the
ingress and egress easement is granted.
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:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No change in thoroughfare would be useful.
March 11, 2004
Olympic College Alley Vacation
Page 2 of 4
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:
The petitioner, Olympic College, is the only abutting property owner.
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 Qwest will reserve easements. Utilities easements are to be reserved
for the existing City water, storm and sewer utilities.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSA liON
Since Olympic College will be granting the public access easement, and properly
dedicating Broadway Avenue to the public, no compensation is required for the
proposed vacation. Olympic College is a governmental agency, compensation may
also be waived for that reason.
STAFF COMMENTS
City Attorney, Department of Community Development, Police, Fire and Engineering
supports this vacation.
Staff recommends that this portion of the Alley and 15th Street Vacation be approved as
requested with easements reserved for all existing utilities and an easement to the
Public for ingress and egress to the remainder of the existing alley.
March 11, 2004
Olympic College Alley Vacation
Page 3 of 4
~.,
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Looking North from 15th Street along alley.
Looking South from alley towards intersection of 15th and Broadway Avenue.
March 11, 2004
Olympic College Alley Vacation
Page 4 of 4
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