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HomeMy WebLinkAbout3999 ORDINANCE NO, ,~~ 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 1. 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. au ~norlzeG and SECTION 3. The City Attorney is hereby +~ ' ~ 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 ~~, 1985. ~R/RIE DAWKINS, May~r ATTEST~ KATHLEEN L. McCLUSKEY, Clerk EXHIBIT "A" That portion of government lot 5, in section 16, township 24 north, range 1 east, W.M., in Kitsap County, Washington, described as follows: Beginning at the northeast corner of said government lot 5; thence south along the east line of said section 16 to the northerly margin of Old State Highway No. 21; thence westerly along said northerly margin 223 feet; thence north to the government meander line; thence southeasterly along said meander line to the point of beginning; EXCEPT that portion thereof conveyed to the city of Bremerton by Quit Claim Deed bearing Auditor's File No. 868174, described as follows: Beginning at the northeast corner of said government lot 5; thence south along the east line of said government lot 5 a distance of 52 feet to the true point of beginning; thence continuing south along said east line 34 feet; thence west at right angles to said east line 30 feet; thence north parallel to said east line 34 feet; thence east 30 feet to the true point of beginning; EXCEPT that portion, if any, lying between the shore line as same existed on October 15, 1912, and the government meander line. AND EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by Deed bearing Auditor's File No. 361682; TOGETHER WITH that portion lying east of a line as described under Auditor's File No. 959588, as follows: Beginning at the southeast corner of section 16, township 24 north, range 1 east, W.M., in Kitsap County, Washington, which is a brass monument imbedded in concrete in the center line of Oyster Bay Avenue; thence north 1°08'30" east along the east line of said section 16, a distance of 1720.68 feet; thence north 88°37' west 229.37 feet to a concrete monument on the north margin of State Highway No. 21, the true point of beginning of the above mentioned agreement line; thence north 1°04'40'' east 130.00 feet to a one-half inch iron pipe set against the east side of a 16-inch cedar tree; thence continue along said agreement line north 1°04'40'' east 70.00 feet to a concrete monument; thence north 51°00' east 19.60 feet to a concrete monument; thence north 1°04'40" east 65.12 feet-to-a concrete monument; thence north 1°04'40" east 42.48 feet to a concrete monument set on the shore of Oyster Bay; thence continue north 1°04'40'' east to an intersection with the government meander line as mentioned in above described property of Curtis B. Bay, Jr. in Deed of Auditor's File No. 731539 and the end of said agreement line; TOGETHER WITH the following described property: That portion of government lot 5, section 16, township 24 north, range 1 east, W.M., in Kitsap County, Washington, described as follows: Con~nencing at a concrete monument on the north margin of Kitsap Way, formerly State Highway No. 21, the true point of beginning of that certain Agreement Line described in instrument recorded under Auditor's File No. 959588;' thence north 1°04'40'' east along said Agreement Line 200.00 feet to a concrete monument; thence north 51°00' east along said Agreement Line 8.96 feet to the true point of beginning; thence continuing north 51°00' east along said Agreement Line 10.64 feet to a concrete monument; thence north 1°04'40" east along said Agreement Line 27.44 feet; thence south 51°00' west 28.31 feet; thence south 39000' east 21.00 feet to the true point of beginning. SAID easement to be below the line of Mean Higher High Water Situated in the City of Bremerton, County of Kitsap, State of Washington