HomeMy WebLinkAbout4449 NO.
AN ORDINANCE vacating the alley ways within the block bound by
Callow Avenue and Montgomery Avenue between 9th Street and
llth Street.
W~EREAS, Safeway, Inc. in conjunction with the owners of Lots
15,16,17,18,21,22,24,25,26,27,28,29,and 30 (with minor exceptions),
Block 23, Third Addition to Charleston 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 Montgomery Avenue right-
of-way abutting said lots; and
W~EREAS, notice has been posted and published according to law
and a public hearing held on February 9, 1994; and
W-~EREAS, 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,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way are hereby
vacated to the adjoining property owners:
KA N FLYNN AUDITOR
TEAT PORTION OF THE ALLEY 12 FEET IN WIDTH IN BLOCX 23 OF THIRD
ADDITiON TO CH~ES?ON, ACCORDING TO THE PI~T THEREOF RECORDED
VOL~4~ 4 O~ ~I~T$, PAGE 6?, RECORDS OF XZTS~B CO~THTY~
LYING SOL~HEBLY OF THE PROLONG~TIOHS OF THE LINES CO~ON
12 ~D 13 ~D LOTS 28 ~D 29 IN SAID BLOCX
TOG~?HER WITE THE NORTE 12.00 FEET O~ LOT 14 IN S~ID BLOCX 23.
SITUATE IN TEE CITY OF BRt~RTON, ~ITSAP COUNTY, W~SHINGTON.
CLERK: FREEMAN
9 +03(50092
EEL 0790 ER 0975
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 ~y
the City Attorney's office prior to second reading
hereof.
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,
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.-- -- ---~1~L~7~~~~
APPROVED by the City Council of the City of Bremerton this
~ day of ~~ , 1994.
PASSED by the City Council of the City of Bremerton this
~ day of ~~~4 , 1994.
EIL~N FITZ, Cou~il~esident
APPROVED this ~ day of ~~ .~ , 1994.
LYNN HORTON, Mayor
ATTEST:
KATHL~EN McCLUSKEY, City Clerk