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Home My WebLink AboutLAFAYETTE AVE SOUTH OF 6TH ST. Return Address: City Clerk City ofBremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 111111111 II 11I1111 "' II II 111111 II BRnlERTON CITY OF ORD 200608070013 Page: 1 of 4 G8!87!2886 88:46A Kitsap Co, WA $35.88 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4974 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City ofBremerton D Additional names on page of document. Grantee(s): 1. Not applicable D Additional names on page of document. Legal Description: SE Vi, SE Vi, SEe. 15, T. 24N, R. 1 E., W.M. (abbreviated) D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. 4974 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of 240 feet of Lafayette Avenue lying just south of 6th Street in the City of Bremerton. WHEREAS, the City received an application and petition from Kuntheary P. Goodson to vacate 240 feet of Lafayette Avenue lying just south of 6th Street in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2996 declaring its intention to vacate 240 feet of Lafayette Avenue lying just south of 6th Street, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, one hundred percent of the property owners abutting said right-of- way signed a petition to vacate said right-of-way prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on June 7, 2006, in the City Council Chambers ofthe Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The 240 feet of Lafayette Avenue lying just south of 6th Street in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the petitioner, Kuntheary P.Goodson. ordinance. SECTION 3. -No vested rights shall be affected by the provisions of this SECTION 4. Severability. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1111111111111111111111 BREMER TON CITY OF ORD $35 , SS 200608070013 Page: 2 of 4 G8/G7/2GG6 G8:46A Kitsap Co, WA 1 Street Vacation - Lafayette Avenue South O{6TH Street SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 1:tI. ) day of ~UV1,fU ,2006. .~~/;7~ . /; ~~/~~~4'/ CECIL McC NNELL, Council President Approved this IJ/.:;t;Iu day of ATTEST: APPROVED AS TO FORM: PUBLISHED the /dfi. , day of ~ EFFECTIVE the ~ dayof ) ORDINANCE NO. <f97'1- ,2006. ,2006. R:\Legal\Legal\Ordinances\Public Works & UtilitiesWacation - Lafayette Street.doc I I\~II \~\\ IIII~I \\\11 1\ \~\\ ~\\\!\\\\~~ \~~ ~TI~~t;f:~04:: BRE.t1ER10\4 Gn~ Of 2 Street Vacation- Lafayette Avenue South of 6TH Street EXHIBIT A Legal Description_ Right-Of-Way Vacation A portion of Lafayette Avenue southofSthStreet THAT PORTION OF LAFAYETTE AVENUE SITUATE WITHIN THE PLAT OF FIRST ADDITION TO CHARLESTON AS RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, ABUTTING THE FOLLOWING: LOTS 1 THROUGH 8, INCLUSIVE, AND THE NORTH 10 FEET OF LOT 9, OF BLOCK 1 OF SArD PU\T; LOTS 1 THROUGH 8, INCLUSIVE, OF BLOCK 2 OF SAID PLAT. 1111111111111111111 111111 ::~~ ~zr~~ ~;R3 BREtlERTON CITY OF ORD $35. ~~ Ki tsap Co, WA DATE SUBMITTED: May 30, 2006 BILL # oG -l :;;""0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .............................................................................~..B.a....1 SUBJECT: HEARING AND ORDINANCE#~ VACATING 240 FEET OF LAFAYETTE AVENUE LYING TUS~ n"Urr"TT r...... ,-TH rlr-r'nT"T"'T J 1;:'V 111 v.r 0 L::>1KJ:j.J::j. Committee Meeting Date: COUl-.JCIL MEETING Date: Department: Presenter: Phone: mo..~ to) ;)...00 to June , 2006 PW&U, Engineering Michael C. Mecham 473.5288 SUMMARY: The City received a petition from Kuntheary P. Goodson and signed by 100% of the abutting property owners to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. This date has been scheduled for a public hearing on the proposed ordinance vacating the subject property in accordance with state law and the Bremerton Municipal Code. This is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: 1.) Ordinance # 4q74 ; 2.) Aerial Exhibit FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~ ~~ \~ P RECOMMENDED MOTION: Move to pass Ordinance # 1111 vacating 240 feet of Lafayette Avenue lying just south of 6th Street. I CONSENT AGENDA 0 I COUNCIL ACTION: ~prove o Deny 0 Table o Continue 0 No Action ab/Agenda Bills 2006/ROW Vac Lafayette/Ag Bill for O,d ~. [.- __c_ -, - ~ r'" -~'~---_. ~ \ I \. . ~ t. \ 1 ~ .. c I ';;~~f&; IN. ", ~~\.,. ~I r ~~:-;~~,r2~'" !'A~--'.<r:.~.. ~?:::=:~-,"-=-,- #" ~ I EXHIBIT FOR VA CA T/ON OF POR T/ON LAFA YETTE A VENUE SEC 15J T24NJ R1EJ WM C/ TY OF BREMER TON 4/20/06 - GF r APPLICANT - GOODSON RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of 240 feet of Lafayette Avenue lying just south of 6th Street. WHEREAS, the City received a petition signed by the owners of more than two- thirds of the property on a front footage basis to vacate 240 feet of Lafayette Avenue lying just south of 6th Street. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on June 7, 2006, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force iro.mediately upon its passage. ~,ASSED by the City Council of the City of Bremerton, Washington this /:z:I:.Iu . day of ~1 ,2006. 7-e;/C;;d(;~ CECIL McCONNELL, CouncIl President APPROVED AS TO FORM: ~~~}'UUIlleY = ab/2006 Agenda Bills/ROW Vac Lafeyette/Reso ATTEST: 1 Lafayette Avenue, Public Hearing ---.l ~ I I -0. '- QJ o > L. <[ NE CORNER OF - 1/ S"'l.SE~ 1 ,c~",,-RI1l< . !. \-I(RCt.R - 1/2 ----;!- OJ >1 <[ 1f3--r 01 61 1!4-~+ LL ~~ -;:- 'C\-IRIS1!-lGt.R' + +- / - 10 --,I- 111 :~~ w ~~~ ~ w<(~ ~ 12~t:;-U-- ~--'D - ~y>- w /173 114 'CR~-.lL'-~' ;!-- I I I l ARE~iACA TION 6TH STREET 1 I bo07-00 h-=--- /4003-00- 15 fb--- ~ ~ /9 /10 ~ a '" / 'GI1011S0l<' -i!---l 3 -i!--i 4 ~ 5 ~ I 6 'GOOllSOl<' 7 'GOOllSI1l<' 8 9 IwLi I ~17(T i-.;--I ~77 -I ~12---l <[ ~73 -----] ~ 12 ~~ 13 1/1 1 /I /""\ EXH/B/ T FOR VACA T/ON OF PORT/ON LAFA YETTE A VENUE SEC 75) T24N) R7 E) WM CITY OF BREMERTON 4/20/06 - G.F. APPL/CAN T - GOODSON ~1 .... !! l. Ij , i EXHIBIT FOR VACA T/ON OF PORT/ON LAFAYETTE A VENUE SEC 15y T24Ny R1 Ey WM C/ TY OF BREMER TON 4/20/06 - GF APPL/CAN T - GOODSON ENGINEERING STAFF REPORT STREET VACATION REQUEST PORTION OF LAFAYETTE AVENUE SOUTH OF 6TH STREET CITY COUNCIL HEARING DATE: PREPARED BY: June 7,2006 Gunnar Fridriksson SUMMARY Applicant: Kuntheary P. Goodson 342 N. Lafayette Avenue Bremerton, WA 98312 Location: Lafayette Avenue, from 6th Street to approximately 240 feet south thereof BACKGROUND The applicant has petitioned the City of Bremerton to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. The roadway was dedicated with the plat of the First Addition to Charleston (Vol. 4, of the book of plats Pg. 57) in April of 1916. No roadway has ever been constructed, and the right of way currently has a dirt driveway to the applicant's residence. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R-Q-W Width . Proposed R-Q-W Width . Pavement Width e Surface Type o Curb and Gutter o Sidewalks Local Access 36 feet N/A None Dirt/Gravel None None April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 1 of 5 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of Lafayette Avenue is not required for public use. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this unimproved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public use. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 2 of 5 SHORELINE ACCESS This portion ot right-ot-way does not provide shoreline access. UTILITIES No public or private utilities are located within the vacation area. SUFFICIENCY OF SIGNATURES The request tor the vacation was made by 100% ot the owners abutting the property to be vacated. COMPENSATION This is a Class III right-ot-way as detined in Ordinance 4664. This type ot right-ot-way is limited to a public easement which is generally unimproved and tor which no public tunds have been expended in the acquisition or in providing improvements. No compensation is required tor Class III right-ot-way. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 3 of 5 Looking southerly from across 6t Street at proposed vacation. Looking westerly along 6 Street at intersection with proposed vacation. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 4 of 5 Looking southerly at proposed vacation from south of 6 Street. Blooming tree in background is located at the top of approximate 40 foot steep slope in right of way. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 5 of 5 DATE SUBMITTED: May 1, 2006 BILL # O~-, ~7 AGENDA BILL. CITY OF BREMERTON CITY COUNCIL .......m.m.s.......aa.aa.....a.a...........a.......a..m.........sDaa...DD.a..Ba...m.amal SUBJECT: Resolution # ~ Setting a Hearing Date of June 7, 2006, for Vacating 240 feet of Lafayette Avenue lying just south of 6th Street. Committee Meeting Date: May 10,2006 COUNCIL MEETING Date: May 17, 2006 Department: PW&U, Engineering Presenter: Luke Korpi Phone: 473.5342 SUMMARY: The City received a petition from Kuntheary P. Goodson and signed by 100% of the abutting property owners to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. The road was dedicated with the plat of the First Addition to Charleston in April of 1916. No roadway has ever been constructed, and the right of way currently has a dirt driveway to the applicant's residence. The City Council is requested to establish a hearing date of June 7, 2006, to consider the proposed vacation. ATTACHMENTS: 1.) Resolution # aqqlo; 2.) Site Map; 3.) Aerial Exhibit 4.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): There is no budget impact. APPROVALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ A%;;~ I CONSENT AGENDA ~ I ~f;:~ RECOMMENDED MOTION: Move to pass Resolution # ~ setting a hearing date of June 7, 2006, to consider the proposed vacation of 240 feet of Lafayette Avenue, lying just south of 6th Street. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: ~prove 0 Deny ab, Agenda Bills 2006, ROW Vac Lafayette/Agenda Bill for Reso D Table D Continue D No Action