Loading...
HomeMy WebLinkAboutBAYVIEW B ST. NEBRASKA ALLEY y .. PINAL ORDER OF VACATION RECEIVED AUG 2 5 1983 .~ City of Bremerton En~ineers WHEREAS, on the 3rd day of January 1983, a petition was filed with the Clerk of the Board of Commissioners of Kitsap County, Washington, by. Tl!:e City of Bremerton, requesting the vacation of the following described, County Road, Kitsap County, to-wit: 1) Bayview Drive, from the easterly right of way margin of Oyster Bay Avenue to the westerly projection of the south line of Lot 33 of Block 18 of said plat. 2) B Street, from the easterly right of way margin of Bayview Drive to the westerly right of way margin of SR 3. 3) Nebraska Avenue lying between Lots 4 through 6 of Block 19 and Lots 21 through 23 of Block 18 of said plat. 4) Nebraska Avenue lying between Lots 1 through 6 of Block 20 and Lots 35 through 40 of Block 17 of said plat. 5) The alley in Block 20 of said plat lying between Lots 1 through 6 and Lots 35 through 38. 6) The alley in Block 18 of said plat lying between Lots 9 through 20 and Lots 21 through 32. WHEREAS, said petitioner was referred to the County Road Engineer and the Department of Community Development for examination and report to the Board 'in writing; and '( WHEREAS, on the 3rd day of March, 1983, the ,County Road Engineer filed with the Board his report on the proposed vacation, giving as his opinion that said road should be vacated, said road is not now in use, and has not been in use; it will not be advisable to preserve this road system in the future; the public will be benefited by the vacation; that subject right-of-way is outside the limits of the presently maintained right-of-way; further, that the County reserve and retain an easement within, over and across such road for the construction, repair and maintenance of public utilities which heretofore were authorized and/or are physically located on any portion of such road; and WHEREAS, on the 8th day of February, 1983, the Department of Community Development filed with the Board its report on the proposed vacation, which said the proposed vacation, will not affect any potential recreational or Open Space use recommended approval, and WHEREAS, by Order of the Board of County Commissioners, the 22nd day of August 1983, at the hour of 2:00 P.M. was fixed as the date and hour of hearing on said petition. County Road Engineer's report and notice of the time and place of said hearing was given as provided by ~ ~ ~ law and WHEREAS, said matter now coming before the Board for hearing this 22nd day of August 1983, at the~houi of 2:00 P.M.it appears to the Board from affidavits on file in the proceedings that notice of hearing was duly given by publication and posting as required by law. The Board having examined the report of the Road Engineer and Department of Community Development and heard and considered all testimony presented, there being no objections made to the proposed vacation, and finding that the aforesaid County road is not useful as part of the County Road System and that the public will be benefited by the vacation, it is therefore RESOLVED by the Board of Kitsap County Commissioners, all members of the Board concurring, that the vacation petition of the City of Bremerton is hereby granted and said County road, Kitsap County, Washington, as herebefore set forth as described, be and the same is hereby vacated. BE IT FURTHER RESOLVED, according to RCW 36.87.140, that the County reserve and retain an easement within over and across such road for the construction, repair and maintenance of public utilities which heretofore were authorized and/or are physically located on any portion of such road. DATED this 22nd day of August, 1983. BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON ~ ,~ f""""'"""':;' I':"" ;, ,. .,,',,",\ ..,;;;;;,-;" '0' . '. :~. ~ -) ..'~(i._.-:::,t .~~~ l~/~': t.. l '\~ t--,,~:;: '~'<\.-:-''''-'lr;:_l~ ''';''; ~~, ,.,' ,AliG 31 1883 AGREEMENT PUB. \NKS.jENa COMES NOW KITSAP COUNTY, a county of the first class of the State of Washington, through its duly elected, qualified and acting Board of County Commissioners, hereinafter called "County", and the CITY OF BREMERTON, a city of the first class of the State of Washington, through its duly elected, qualified and acting City Council, hereinafter called "City"; and WHEREAS, the City desires to utilize dedicated county roads to facilitate construction of the wastewater treatment facility; and WHEREAS, the City presently owns all property abutting the above-mentioned county roads; and WHEREAS, the City is desirous of acquiring title to rights-of-way; and WHEREAS, in consideration therefor the City is willing to undertake certain additional commitments hereinafter referred to, NOW, THEREFORE, IT IS MUTUALLY AGREED: 1. The County hereby agrees to vacate and transfer title to the City in the following described rights-of-way situated in Kitsap County, State of Washington, to-wit: A. B Street. From the East margin of Bayview Drive to the West margin of State Highway 3. B. Nebraska Avenue. That portion abutting Lots 4 through 6, Block 19, and Lots 21 through 23, Block 18, Plat of Navy Yard City. C. Nebraska Avenue. That portion abutting Lots 1 through 6. Block 20, and Lots 35 through 40, Block 17, Plat of Navy Yard City. D. The alley in Block 20 abutting Lots 1 through 6 and 35 through 38, Plat of Navy Yard City. E. The alley in Block 18 abutting Lots ~ through 20 and Lots 21 through 32, Plat of Navy Yard City. F. That portion of Bayview Drive abutting the following described property: 1 That portion of the SW 1/4 of the SW 1/4, Section 22, Township 24 N, R 1, E., W.M., in Kitsap County, Washington, described as follows: Beginning at the NW corner of the SW quarter of the SW quarter; thence S 002'54" E along the W line of Section 22, a distance of 370.40 feet to the TPOB; thence N 89051'35" E, a distance of 172.95 feet to the County Road; thence S 20032'00" W, a distance of 477.06 feet along said road to the W line of said Section 22; thence N 002'54" W along the W line of said Section 22, a distance of 446.60 feet to the TPOB. ALSO: That portion of Bayview Drive abutting the following property: Lots 35 through 38, Block 20, Navy Yard City; Lots 1 through 6, Block 19, Navy Yard City. 2. The vacation of such rights-of-way shall be recorded with the Kitsap County Auditor. 3. The City hereby agrees to improve Oyster Bay Avenue from a point opposite the southwest corner of Lot 21, Block 20, Plat of Navy Yard City, and northerly to the intersection of the centerline of "C" Street and Oyster Bay Avenue. Said improvements shall consist of widening the roadway to 28 feet to provide two driving lanes and shoulders on each side. Pavement shall consist of a minimum of six inches of base material and two inches of asphalt concrete surfacing. 4. The County shall assume street maintenance of that portion of the proposed county road to be improved by the City at such time as the road is completed. IN WITNESS WHEREOF, this Agreement is executed this ~ day of ~~ UA...\- \ , 1983. CITY OF BREMER TON A Municipal Corporation BY~.h ~~~ ORRIE DAWKINS, ayor ATTEST: (lo.~ J' t\J\LLQ..~ KATHLEEN L. McCLUSKEY City Clerk 2 \ 1 < . . ATTEST: KITSAP COUNTY A Municipal Corpo 3