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Home My WebLink AboutWYCOFF N. OF 26TH ST. ;/ .; Return Address: City Clerk City of Bremerton 345 6th Street; Suite 600 Bremerton, WA 98337 111111111111\1111\\ I\U\\I \111\111I111\ \\1 11111 IIII 1111 :~~~8~21~~~1~~:6 C I T'Y' OF BREt1ERTOt-l RESOL $:34. 00 ~,l t, sap Co! ~lA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): I. City of Bremerton Council Resolution Recognizing previous Vacation of Wycoff Ave. Reference Number(s) of Documents assigned or released: Grantor(s): I. City of Bremerton o Additional names on page of document. Grantee(s): I. o Additional names on page of document. Legal Description: PORTION OF GOV'T LOT 8 (SE QUARTER OF THE NE QUARTER) OF SEC. 10, T 24 (abbreviated) N, R 1 E, W.M., KITSAP COUNTY, W A o Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number: N/A RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, W ashin~ton, recognizing the 1896 vacation of Wycoff Avenue north of 26t Street. WHEREAS, a portion of Wycoff Avenue was dedicated as a county road in 1891 in an area that was subsequently annexed into the City ofBremerton in 1954; and WHEREAS, the laws in effect at the time of the dedication required the roadway to be opened for public use within five years of dedication. The road was not opened by 1896, therefore, the roadway was automatically vacated by operation of law; and WHEREAS, the City desires to recognize and acknowledge that the portion of Wycoff A venue depicted on Exhibit A attached hereto and by this reference incorporated herein has been vacated by operation of law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton hereby recognizes and acknowledges that, pursuant to the Laws of 1889-1890, Section 32, Chapter 19, the portion of Wycoff Avenue depicted on Exhibit A has been vacated by operation of law. SECTION 2. Severability. 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 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ~ED by the City Council of the City ofBremerton, Washington this /~ day of ,2006. ~ .- ~~~ CECIL McCO ELL, Council President APPROVED AS TO FORM: ATTEST: ~~ R ER A. ).JBOVlCH, Ci - ,,"reet" - R:\Legal\Legal\Resolutions\Public W orks\ Wycoff Vacation. doc 1 II ""1111111111l1li1 iinn:~~~21~?'~13:A6 'ion C I T'f OF BREt1ERTOtl RESOL $34 . (lO K 1 t, sap Co! WA .z, .z, ~~-;;rv .~____~ 0 ~ &: ro. 0 -=';:0 m b'8 w 0 _coom := ...,0 :D _ (.0 CD ..- 0 w ->- U1 ~ :D m '~ OF VACA710N \ \ GOVE:RNMENT LOT 8 \ Patented 11/20/1880 \ ~ Val 1 Pg 209 'ev:IS TlNG ~IORELlNE (~ \ \~ \ '.J \ \"\" . ---" cQ \ \. ~I\ \ '\ \~ \ 3 JzJJ \ \ \ \ \ VACA TED W'Y. p~ 277 \\ -11--/ \ 1\ \\";.-z- \ I I I \~)\ \ ~ \ I 0# 7 I 1\ I \ \ 6 \ di--14-.J~IL, I ~\ \~'~ \ 7 iq9f/O Vi ',:\Ji~ \ '6 ) I ~ \1 I I \ ~ 1\ \( Sz. I ",09 I I I 'J ,I \ \ ~ ~ - ~ \;r 26TH STREET \ \\ \ '\ (CLA Y STRITif\ \\ \\/~ EXHIBIT A FOR RECOGNlnON OF 1896 WYCOFF A VENUE VACA nON PORnON OF G.L. 8 SEC. 10, T25N, R1E, WM ~~ I 4/20/06 - G.F. ~ -. / DA TE SUBMITTED: May 1, 2006 BlLL# 0(0- to(o AGENDA BILL CITY OF BREMERTON CITY COUN ClL . . . II II III II . II II III . . . . II II II II B II II II II II!. II II . II B II II II B II II .. . II II . ii II II . II . . -Ii . II .. II _ II . II II. . II S II II II 1:1 III III II II II . II . D II . II a !II II II D III II 110 . B . SUBJECT: Resolution # :J.q9~ Rec?gnizi~[R the Vacation of Wycoff Avenue 1101111 of 26 Street. Committee Meeting Date: May 10, 2006 COUNClL MEETING Date: May 17 , 2006 Department: PW&U, Engineering Presenter: Luke Korpi Phone: 473.5342 SUMMARY: The portion of Wycoff Avenue depicted in Exhibit A of the proposed resolution was vacated in 1986, pursuant to the Laws of 1889-1890, Section 32, Chapter 19, which state that any county road, not opened for public use within five years of being dedicated, is considered to be vacated by operation oflaw. This resolution provides a formal recognition ofthe vacation and will allow the official County database to be modified to reflect the change in boundaries. ATTACHMENTS: 1.) Resolution # ;;.tf~~; 2.) Aerial Photo Exhibit; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None FISCAL/BUDGET: ~ #~ /J/Z/~ ~~~~..>. ~--eAA/~, C, .' , RECOMMENDED MOTION: Move to pass Resolution # aqq~ recognizing the vacation of Wycoff Avenue north of 26th Street. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: OPERATIONS: I CONSENT AGENDA Ji?! I COUNCIL PRESIDENT: COUNCIL ACTION: ~pprove ab, Agenda Bills 2006, Wycoff Vacation o Deny 0 Table o Continue D No Action ~ h ~ ~ ~ ~ "'CtO~ Lc.: ~ ~ It ~ 1lJ~ (j NO~~ I ~ULl..ct (Q ~ ~O~~ ~ 8 ~~ C) ~ l)Ll..O~ "1- LUOj:::c:)' LLi ct~O:::~ g~(j 1lJ o CI) ~ ENGINEERING STAFF REPORT RECOGNIZING VACATION OF WYCOFF AVENUE NORTH OF 26TH STREET PREPARED BY: Gunnar Fridriksson SUMMARY Applicant: City of Bremerton 3027 Qlympus Drive Bremerton, WA 98310 Location: Wycoff Avenue, from 26th Street to vacated State Street. BACKGROUND This section of Wycoff Avenue has technically already been vacated. In accordance with the Laws of 1889-1890, Section 32, Chapter 19, any county road which has not opened for public use within five years of being dedicated, is considered to be vacated by operation of law. This law was rescinded in 1906. However, since this portion of Wycoff Avenue was dedicated as a county road in 1891 by the Plat of Sheridan, and no roadway was constructed in the area by 1896, it is subject to that law. The City of Bremerton annexed this area from Kitsap County in 1954. The City desires to recognize the effect of this law by processing a formal vacation resolution. The resolution will correct official county and city records and mapping which still show this street as being right-of-way. 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 Varies, 30 to 60 feet N/A 18 feet asphalt None None April 2006 Portion of Wycoff Avenue Vacation 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: N/A. Street has been previously vacated. Existing roadway/driveway serves one parcel and was constructed for this property development in the early 1960's. The majority of the right of way is unimproved. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: N/A. 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: N/A. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: N/A. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: N/A. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: N/A. April 2006 Portion of Wycoff Avenue Vacation Page 2 of 4 SHORELINE ACCESS N/A. This portion of right-of-way does partially terminate on the shoreline access. However, the height of the bank to the shoreline is approximately 60 feet on a vertical slope. UTILITIES All private utility companies have been contacted. Easements for any utilities within the vacated right of way will need to be negotiated with the private property owner. SUFFICIENCY OF SIGNATURES N/A. Formalization of vacation. Right of way vacated in 1896 by operation of law. COMPENSATION No compensation is due. STAFF RECOMMENDATION Staff recommends that this Street Vacation be approved to formalize and complete the vacation of this portion of W co1} Avenue. Looking northerly from 26t Street along Wycoff Avenue April 2006 Portion of Wycoff Avenue Vacation Page 3 of 4 Looking northerly from top of bluff towards shore. Approximately 60 foot vertical drop to beach. April 2006 Portion of Wycoff Avenue Vacation Page 4 of 4