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Home My WebLink AboutCOONTZ, CALLOW-CHARLESTON:ALLEY COO Return Address: City ofBremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 1111111111111111111111111111111111111111111111111111111 ::~~~~~&~; 1~~:p7 BREMERTON CITY OF ORD $23.BB Kitsap Co! WA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4913 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: Port. of the NE 1/4, Sec. 22, T. 24 N., R. 1 E., W.M., located in Kitsap Co., W A (abbreviated) D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. J!Jq i3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of Coontz Street lying between Callow A venue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard and further reserving easements for utilities within the vacated area. WHEREAS, the City received a petition to vacate a portion of Coontz Street lying between Callow A venue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard in the City of Bremerton, and WHEREAS, the City passed Resolution No. aq'-t~ declaring its intention to vacate a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard, 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 Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard 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- Coontz Street 1111111111111111111111111111111111111111111111111111 ::j~~21;~i 1~~:7 BREMERTON ern OF ORD $23.88 Ki t.SdP 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 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. 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. 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 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~at-L day of ! t~.AJ PASSED by the City Council the ~"l:t/tJ day of f/~ ~ DAREN NYGREN, Cou ,2004. Approved this u..t day of ,2004. 2 Street Vacation - Coontz Street 1I111I1111111111I11I11111111I111111I11II1I1111111111111 ::j~~J;;; 1~~:p7 BREMERTON CITY OF ORD $23.88 Kits~p Co, WA ATTEST: APPROVED AS TO FORM: P A A JOHNS N, City Clerk 0 R A. LUBOVICH, C PUBLISHED lhe~ day of ~ ,2004. EFFECTIVE the Jc4:t:i-J day of ~ ' 2004. ORDINANCE NO. .tI9 /:3 R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Coontz. doc 3 Street Vacation- Coontz Street 111I1I11111111111111111111111111111111111111111111111 ::j~~2:,~i 1~~:p7 BREMERTON cn)' OF DRD f23. 88 Ki tsap Co.. WA EXHIBIT A A PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. DESCRIBED AS FOLLOWS: THE PORTION OF COONTZ STREET (FIFTH STREET) BETWEEN THE EAST MARGIN OF CHARLESTON BLVD. (WYCOFF AVENUE) AND WEST MARGIN OF CALLOW AVENUE SOUTH (WASHINGTON AVENUE); THE ALLEY BETWEEN LOTS 15 THROUGH 24 AND LOTS 25 THROUGH 33, IN BLOCK 9; ALL IN THE PLAT OF "CHARLETON", RECORDED IN VOLUME 2, PAGES 16 AND 17, RECORDS OF KITSAP COUNTY, WASHINGTON I IUIII IIIU II II llll IIUIl 1\I\l lllUI III UIlI l\~ IU\ ~;~~4~~:~i \:25:p7 BREMERTON CITY OF ORD $2~.8~ Klts~p lu! WA DATE SUBMITTED: October 12, 2004 BILL # D'/ -- ;)..~I AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...aDm...ma.........m.........a.m..........a.......a.a...m....m.......a...............a) SUBJECT: Hearing and Ordinance # if q /3 Vacating the portion of Coontz Street lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and Charleston Blvd. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5tptllh1be1r,) 1 ;}..oo'f October 20, 2004 PW &U, Engineering Michael C. Mecham 473.5288 SUMMARY: The City received a petition from Kitsap Transit to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and Charleston Blvd. 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 II right-of-way and compensation has been paid by Kitsap Transit. ATTACHMENTS: 1.) Ordinance # '-I c; I ,~ 2.) Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I IletLnf 1/ J.. 9/ D<I . ~;Z4 RECOMMENDED MOTION: , A. ]\'.fo"~ tn ~rrrnVf~ thp. ~ttacheQ nrrlin~nce on first reading~ '!-aeat~llg the portIOn of Cuuutz ~treet lying betweon CallO\v }~~vGnLlc; amI ClldtlU:tOfi Blvd. and tho aIlE) lyill.::, 'ueLween Coontz Stregt..and -Charlestel"l Dl vd.- B. Move to pass Ordinance # -1!/13 on second reading, vacating the portion of Coontz Street lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and Charleston Blvd. COUNCIL ACTION, Lv, D Deny D Table D Continue D No Action ab/Agenda Bills 2004/Coontz St, Agenda Bill for Ordinance ~UuU 7' ST STREET JUL AREA TO BE VACATED ~. ~. n. .n ,.. _n.__"_'" ._ '" _n.__n._ ...__...__..__ C _n___"'_ ...__...__..._ ONTZ. STREET -...--...--..--.-.--...- -...--...--...--...--...- -...--...--...--...--.,,- -...--.,.--..,--.-.--.-.- -",--,"--"'--"'--'..- -...--.,.--...--...--...- ... ... _n.__...__"'_ ~, CJ) "i- KITSAP Lu ~ C) CS ~ ~, S >- CS "'C ~ TRAN S IT s G 'Z >- ~. ~ --.. =t: ~. ~ ~ ~ C) N C) 2 ;::s --.J I --.J <: N.T.S. V) G C) ~ RODGER STREET - CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION DRAWN BY: MJW . DESIGN BY: GF DATE. 9/10/02 DATE 9/10/02 EXIBIT MAP FOR PROPOSED VACATION FOR PORTION OF COONTZ STREET AND ALLEY RESOLUTION NO. ;A q L.( 3 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. WHEREAS, the City received a petition to vacate the portion of Coontz Street lying between Callow A venue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard in the city of Bremerton; 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 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. t.O PASSED by the City Council of the City of Bremerton, Washington this k::blJ of -UIf.~izrU-uJ ,2004. y~~ DAREN NYGREN, C04mc1l President day APPROVED AS TO FORM: ATTEST: r ..A-- r-u ROGER A. LUBOVICH, City Attorney ~~ R:\LEGAL\Resolutions\Public Works\Vacation - Coontz. doc 1 Coontz Street - Public Hearing DATE SUBMITTED: September 22, 2004 BILL # Dlf"'- J-O (0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..B.......................B...........................B&a&B.B~.BB&.&B...Ba.aaaa.&.&aa&GI SUBJECT: Resolution # ~ q ~ 3 Setting a Hearing Date of October 20, 2004, for Vacating the portion of Coontz Street lying between Callow Avenue and Charleston Blvd. and the alley lying between Coontz Street and Charleston Blvd. 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 Kitsap Transit to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. With the completion of the Gateway Project, Coontz Street and the alley became dead end rights-of-way with no public circulation needs. This is a Class II right-of-way. The petitioner paid compensation in the amount of $13,628.55 in accordance with BMC 11.20.140. The City Council is being requested to establish a hearing date of October 20, 2004, to consider the proposed vacation. ATTACHMENTS: 1.) Resolution # ~l\43; 2.) Site Map; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~~ · I CONSENT AGENDA D I y~~ RECOMMENDED MOTION: Move to pass Resolution # ~ setting a hearing date of October 20, 2004, for vacating the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. COUNCIL ACTION: Lve ab, Agenda Bills 2004, Coontz Street D Deny D Table D Continue D No Action ~LJ LJU Ju L l' ST STREET ~. ~. C ONTZ" STREET ~, CJ) "'i- K ITSAP lJJ ::J CJ ~I C5 ~ s >-- ~ ~ TRANSIT s :::t ~ >-- (.') ~. Es --- :::t ~. ~ f=:! ~ a ~ a ~ ;:s --J --J <: N.T.S. lr) G a ~ RODGER STREET - CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION DRAWN BY: MJW DESIGN BY: GF DATE 9/10/02 DATE 9/10/02 EXIBIT MAP FOR PROPOSED VACATION FOR PORTION OF COONTZ STREET AND ALLEY STREET VACATION REQUEST COONTZ STREET AND ALLEY ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: October 20, 2004 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Kitsap Transit Attn: Wendy Clark-Getzin 200 Charleston Boulevard Bremerton, WA 98312 Location: Coontz Street between Callow Avenue and Charleston Boulevard (SR 304) and the alley lying between Coontz Street and Charleston Boulevard. B. Attachment: Exhibit Map BACKGROUND Kitsap Transit has initiated the vacation process to vacate the portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard. With the completion of the Gateway Project in 2002, Coontz Street and the alley became dead end right-of-ways with no public circulation needs. The proposed vacation location is illustrated on the attached exhibit map. RIGHT -OF-WAY CONDITIONS . Functional Classification . Existing R-Q-W Width . Proposed R-Q-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access Coontz St. -60 feet; Alley-12 feet N/A Coontz St.-28 feet; Alley-12 feet Combination of asphalt and concrete Standard curb on Coontz St. 5 foot sidewalks on Coontz St. May 17, 2004 Coontz Street and Alley Vacation Page 1 of 5 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 Coontz Street and the alley is not required for public use. 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: Completion of the Gateway Project made Coontz Street and the alley a dead end 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. 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. The only abutting property owner, Kitsap Transit supports the vacation. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. May 17, 2004 Coontz Street and Alley Vacation Page 2 of 5 UTILITIES All private utility companies were contacted. Cascade Natural Gas will retain an easement. Utilities easements will be reserved for the existing City storm and water utilities. All easements for existing utilities will be released upon redevelopment of the surrounding properties and alley, and arrangements made for the utility relocations. SUFFICIENCY OF SIGNATURES Kitsap Transit is the sole abutting property owner. COMPENSATION The compensation amount has been determined utilizing the Kitsap county Assessor's land value of the abutting properties. The amount is $13,628.55, which is equal to one- half of the average property value of the abutting properties weighted on a front footage basis. This amount has been paid by the applicant to the City of Bremerton. ST AFF COMMENTS The City Attorney, Department of Community Development, Police Department, and Engineering Division support this vacation. Staff recommends approval of this street vacation with easements reserved for all existing utilities. May 17, 2004 Coontz Street and Alley Vacation Page 3 of 5 Looking west from Callow Avenue to Coontz Street. ~ . , " ~~ -<;- :,\' . GO c- Looking north from Coontz Street to alley May 17, 2004 Coontz Street and Alley Vacation Page 4 of 5 Looking east at Coontz Street from back of sidewalk along Charleston Boulevard. Looking south at alley from end of concrete, concrete ends just south of slope for back of walk of Charleston Boulevard. May 17,2004 Coontz Street and Alley Vacation Page 5 of 5 ~ , - w' ~ 1ft 'I: ".","!),',', ~Al , ,.;,t, A' ~,' .... :;~ '.~, CP: ~ ,~- f .. ,II "~" ftiii"'a: , .."..~?:.. i~~\i ..i.~~ e... ""-" ~~. " '.~ , ~ ~~ 1,~, . , ~ -.. :::t' ,cd h L ~r:~ !~ 6 f=,t~;"" i"*-. 'j ,~ .11; ~ i.... I I: Ii -'j! Ii _ f!i ',./ de ~,':. ..'. &'., ., .~ .- " - ~- _'21 ~.~, tt " ~'" 'If. l~ .~ . " .. ,,1. ~,~ ) ...~&. C.C-c~,~/~.f~,'2_ \//-'. ~