HomeMy WebLinkAbout4448 ORDINANCE NO. /7/~-/(W-W/~'~
AN ORDINANCE vacating a portion of the west side of
Montegomery Avenue 48 feet north of 9th Street.
WHEREAS, Safeway, Inc. in conjunction with the owner of Lots
17 and 18, Block 23, Third Addition to Chareleston according to the
plat thereof, recorded in Volume 4 of Plat(s) Page 67, of records
of Kitsap County, WA., which constitutes two-thirds the abutting
property owners of the requested portion of right-of-way has
initiated proceedings for vacation of the Montegomery Avenue right-
of-way abutting said lots; and $9,00K!TS~P COUNTY CHCK
FILED-BY: BREMERTON CITY OF
WHEREAS, notice has been posted and published according to law
and a public hearing held on February 9, 1994; and
WHEREAS, the Council finds that the portion of the right-of-
way set forth herein is not needed for present or future traffic
circulation and should be vacated to the adjoining property owners;
now, therefore, KAREN FLYNN AUDITOR
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way are hereby
vacated to the adjoining property owners:
CLER., FREEMAN
THAT PORTION OF "ONTGO. ERY AVENUE (.O~~ON~~~~~3
AS SHOWN AND SO DESIGNATED ON THIRD ADDITION TO CHARLESTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE
67, ~ECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 23, SAID PLAT, THENCE
NORTH 00°18'04'' EAST 48.00 FEET ALONG THE EAST LINE THEREOF TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00~18'04'' EAST 74.00 FEET ALONG SAID EAST
LINE;
THENCE SOUTH 89o41'56'' EAST 4.67 FEET;
THENCE SOUTH 00o18'04'' WEST 74.00 FEET;
THENCE NORTH 89°41'56'' WEST 4.67 FEET TO THE TRUE POINT OF BEGIN-
NING.
Section 2. Conditions. This right-of-way vacation shall be
subject to the following conditions and deed restriction:
1. The applicant shall pay compensation as established by
the City Attorney's office prior to second reading
hereof. REEL 0790 ER 0978
2. Easements necessary for existing and future utilities
shall be reserved.
3. This vacation shall become null and void and the right-
of-way remain dedicated should the sale of the abutting
property to Safeway, Inc., not occur prior to May 2,
1994.
Section 3. Effective Date. This vacation shall become
effective on May 2, 1994; Provided, That the applicant provides
satisfactory documents of its purchase of properties abutting the
right-of-way subject to this vacation prior to this date, otherwise
this ordinance shall become null and void and shall not be filed
with the Kitsap County Auditor.
APPROVED by the City Council of the City of Bremerton this
~-~ day of ~a~~ , 1994.
PASSED by the City Council of the City of Bremerton this
~ day of ~~ , 1994.
EILEEN FITZ, Council President
APPROVED this ~ day of %V~_~_v~ , 1994.
LYNN HORTON, Mayor
ATTEST:
KATHLE ~cCLUS erk ....... .,,