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HomeMy WebLinkAbout3998 AN ORDINANCE declaring the need for condemnation of an easement through certain real property for the purpose of constructing a sanitary sewer for the City of Bremerton and declaring an emergency. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION I. That for the public health, safety and welfare of the citizens of the City of Bremerton, said City is entering into a program to construct a sanitary sewer in the City of Bremerton, Kitsap County, and has caused to be prepared general and specific plans therefore. SECTION 2. To accomplish the said improvement, it is necessary to acquire an easement across the real property described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. The City Attorney is hereby authorized and directed to proceed immediately with the condemnation of the above-described easement in the Superior Court of the State of Washington in and for Kitsap County. SECTION 4. That an emergency exists, and it is hereby declared to exist, and this Ordinance is necessary for the immediate preservation of the public peace, health and safety of the citizens of the City of Bremerton, and this Ordinance should take and be effective immediately following passage and publication. PASSED unanimously by the City Council, City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ day of ~eccz~x_~_~_ , 1985. ATTEST: KATHLEEN L. McCLUSKEY,~lerk EXHIBIT "A" That portion of government lot 5, section 16, township 24 north, range 1 east, W.M., in Kitsap County, Washington, described as follows: Commencing at a point 478.60 feet north and 896.05 feet east of the southwest corner of said government lot 5, as shown on survey recorded under Auditor's File No. 8211180088 as filed in volume 18 of Surveys, page 150; thence north 40050, east 10.52 feet to the north line of Lower Oyster Bay Drive as described in right-of-way Deed recorded under Auditor's File No. 188851; thence continue north 40050' east 27.23 feet; thence north 10°58' east 104.0 feet to the True Point of Beginning; thence north t0°58' east 17.89; thence north 50°50, east 95.09feet; thence north 21°06'48'' east 68.60 feet to the shore of Oyster Bay; thence following the shoreline south 53054' east llO.02 feet to a concrete monument on the shore of Oyster Bay as described in boundary line agreement recorded under Auditor's File No. 959588; thence along said boundary agreement south 1°04'40'' west 107.60 feet to a concrete monument on said boundary agreement line; thence leaving said line run north 80°44'00" west 191.20 feet to the True Point of Beginning. TOGETHER WITH tidelands of the second class as conveyed by the State of Washington, fronting, abutting and adjoining thereon. The east boundary of said tidelands is as described in said boundary line agreement as recorded in Deed of Auditor's File No. 959588. EXCEPT that portion of the above described tract included in a boundary line adjust- ment recorded under Auditor's File No. 8209140008, said exception being more particularly described as follows: Beginning at a concrete monument at the southeast corner of the first above described tract; thence north 1°04'40'' east 27.44 feet; thence south 51°00' west 28.31 feet; thence south 39000' east 9.07 feet; thence south 80044'00" east 15.98 feet to the Point of Beginning. {Said property being designated as Lot A of City of Bremerton short plat recorded November 19, 1982 under Auditor's File No. 8211190092.) ALSO TOGETHER WITH an easement for ingress, egress and utilities over, under and across a strip of land 15.0 feet in width and being 7.5 feet on each side of the following described center line extendtn§ from the south tine of the above described tract to Lower Oyster Bay Drive and being more particularly described as follows: Con~nencing at the True Point of Beginning of the first above described tract; thence south 80044'00'' east 37.50 feet to the True Point of Beginning and centerline of said easement; thence along said center line on the following courses south 10058' west 54.90 feet; thence south 40°50, west 88.53 feet to the northerly margin of Lower Oyster Bay Drive and end of said easement. SAID easement to be below the line of Mean Higher High Water Situated in the City of Bremerton, County of Kitsap, State of Washington