HomeMy WebLinkAboutS. BURWELL/W. PACIFIC/S. 1ST
Return Address:
City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton W A 98337
//11/11/1111/111 II 11111 II/ III / "
BREt1ERTON CITY OF
ORD
200610020165
P<ige: 1 of 4
1&/&2/28&6 11:12A
ki tS<ip Co, WA
$35.88
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance 4978
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: Govt. Lot 3 (SW v.., SW v..) Sec. 13 & Govt. Lot 1 (NW v.., NW v..) Sec. 24, all ofT.24 N.,
(abbreviated) R.IE., W.M.
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: Not applicable
ORDINANCE NO. 1/97r;
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of various streets
and alleys lying south of Burwell Street, west of Pacific Avenue,
and south of 1 s1 Street in downtown Bremerton.
WHEREAS, the City, in a collaborative effort with the U.S. Navy, initiated the
vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and
south of 1 s1 Street in downtown Bremerton; and
WHEREAS, the street proposed to be vacated is not presently used nor is it
suitable for use and access to the waterfront; and
WHEREAS, the proposed street vacation will assist with the implementation of a
plan that will provide access to the waterfront not currently available to the general public
through realization of the City's Comprehensive Plan; and
WHEREAS, the City passed Resolution No. 3005 declaring its intention to vacate
various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 s1
Street in downtown Bremerton, 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 have agreed 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 September 6, 2006,
in the City Council Chambers of the 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 area ofthe downtown core in the City of Bremerton, as
described in Exhibit A, which is attached and incorporated herein by this reference, is hereby
vacated to the adjacent property owners, the City of Bremerton and the U.S. Navy.
111111111111111111111111111111111111111111111111111 ::~~~2}~9~~ ,11~A5riousl Slreels and Alleys in now;;;:: ~;;:::::
BREMERTON CITY OF ORD $35.88 Kitsap rOI WA
SECTION 3. Easements: The granting of this vacation is subject to the
following:
a. An easement is reserved for Cascade Natural Gas for operation, maintenance
and/or repair of gas lines and appurtenances over, under and upon the existing facilities within
the area vacated pursuant to this ordinance.
SECTION 4. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 5. Severabilirv. 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.
SECTION 6. 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 taL;
day of ~~~ ,2006.
I
Approved this Jd#u day of
~~
CECIL McCO
CARY BOZEMAN, Mayor
APPROVED.AS TO FORM:
PUBLISHE ilie /~ day of ~
EFFECTNE the d~3AJJ- day of ~
ORDINANCE NO. J..fq7~
,2006.
,2006.
R:\Legal\Legal\Ordinances\Public Works & UtilitiesWacation - Downtown.doc
2 Street Vacation -
11111111111111111111111111111111111111111111 ::~:;~2}9~~~~,~:5 'ous Streets and Alleys in Downtown Bremer/on
BRE~lERTON CITY OF ORD $35,88 Kits<ip COI WA
EXHIBIT A
Vacation of those portions of the streets and alleys of the Plat of the Town of
Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County
Washington, situate in Government Lot 3, Section 13, and Government Lot 1, Section
24, all of Township 24 North, Range 1 East, Willamette Meridian, Kitsap County,
Washington, lying southerly of the following described line:
Beginning at a point of intersection of the south line of the said Plat of the Town of
Bremerton and the east margin of Park Avenue (Dock Street per plat), also being the
True Point of Beginning; thence northerly along said east margin to its intersection with
the south margin of Burwell Street (Third Street per plat); thence along said south
margin easterly to its intersection with the west margin of Pacific Avenue; thence
southerly along said west margin to its intersection with the southerly margin of 1st
Street (Front Street per plat); thence easterly along said southerly margin and its
extension to its intersection with easterly margin of Washington Avenue; thence
southerly along said easterly margin to its intersection with the northerly margin of said
1 st Street; thence southeasterly along said northerly margin to its intersection with the
original Outer Harbor Line as established by the State of Washington Board of State
Land Commissioners in February of 1913, also being the terminus.
Together with an easement to Cascade Natural Gas over the easterly 10 feet of the
alley lying adjacent to and between Blocks 12 and 13 of said Plat of the Town of
Bremerton.
11\\111 \\1\\ 111\\11 III \1\11\\ 11\ II\I\\\~\ \\111 ~~ \!!I ~~~;:~~;~ ~~: 1::
BREMERTON CITY OF
DATE SUBMITTED: August 28, 2006
BILL # 0 (0- I 88
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.............a..........a....................................B.a...a.a............aa..al
SUBJECT: Public Hearing and Ordinance
# 4l'(18 Vacating Various Streets and
Alleys Lying South of Burwell Street, West
of Pacific Avenue, and South of 1 st Street in
Downtown Bremerton.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
~~tf~ 9, ;J.ot>I,
Sep ember 6, 2006
PW&U, Engineering
Michael C. Mecham
473.5288
SUMMARY: The City, in a collaborative effort with the U.S. Navy, initiated the vacation of various
streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 st Street in
downtown Bremerton in the continued revitalization of the downtown corridor. The City and the
Navy are the only abutting property owners. This is a Class II right-of-way and compensation has
been waived in accordance with BMC 11.20.080.
ATTACHMENTS: 1.) Ordinance # '1'179 2.) Exhibit Drawing
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
APPROVALS~--- d. .--- .._~.
DEP ARTMENT DIRECTOR~
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Ordinance # .!i11S- vacating various streets and alleys lying south ofBul)Vell Street,
west of Pacific Avenue, and south of 1 st Street in Downtown Bremerton. a.J ~a....
...
I CONSENT AGENDA D .
COUNCIL ACTION: ~pprove
o Deny
o Table
o Continue 0 No Action
ab/Agenda Bills 2006/ROW Vac Downtown w Navy
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EXHIBIT MAP
FOR
VACA T10N OF STREETS '"
ALLEYS 'M7HIN DOWNTOWN
SECTION 1 J '" 24
T..24N..R.1E.. W.M.
CITY OF BREMER TON WA
31 JUL Y 2006
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---CURRENT P.S.N.S. BOUNDARY
- PIWPOSED P.S.N.S.BOUNDARY
Illll1I1I1JPIWPOSED VACA T10NS
SINCLAIR
INLET
RESOLUTION NO. 3005
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of various Streets and Alleys lying south of
Burwell Street, west of Pacific Avenue, and south of 15t Street in
downtown Bremerton.
WHEREAS, the City initiated the vacation in accordance with Bremerton
Municipal Code (BMC) 11.20.080 in as part of a collaborative effort with the U.S. Navy in the
continued revitalization of the downtown corridor.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on September 6, 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. Severabilitv. 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
immediately upon its passage.
f7 PASSED by the City Council of the City of Bremerton, Washington this /~ day
of ~L r .A :f:; , 2006.
~~~~oddent
APPROVED AS TO FORM:
1
Harborside Park and U.S. Navy Downtown -
. ----- Vacation Hearing Date
DATE SUBMITTED: August 2,2006
BILL # 0 C, - /7 ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
......am................................a...a......m....aa..aa..........................
SUBJECT: Resolution # 3005 Setting a
Hearing Date of September 6, 2006, for
Vacating Various Streets and Alleys lying
south of Burwell Street, west of Pacific
Avenue, and south of 1 st Street in Downtown
Bremerton.
Committee Meeting Date: August 9, 2006
COUNCIL MEETING Date: August 16 , 2006
Department: PW&U, Engineering
Presenter: Mike Mecham
Phone: 473.5288
SUMMARY: The City, in a collaborative effort with the U.S. Navy, has initiated the vacation of
various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 st Street
in downtown Bremerton in the continued revitalization ofthe downtown corridor. The City Council
is requested to establish a hearing date of September 6, 2006, to consider the proposed vacation.
ATTACHMENTS: 1.) Resolution # 3005 ; 2.) Exhibit Drawing; 3.) Engineering Staff Report
FISCAL IMPACTS (Include Budgeted Amount): There is no budget impact.
:)
APPROV ALS:
DEPARTMENT DIRECT
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
~.
CONSENT AGENDA Jl:J I
FISCAL/BUDGET:
. OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Resolution # ~ setting a hearing date of September 6, 2006, to consider the
proposed vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue,
and south of 1 st Street in downtown Bremerton. .
COUNCIL ACTION: Love
ab, Agenda Bills 2006, Downtown Vacation w Navy
o Deny 0 Table
o Continue 0 No Action
I 1 i !
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\ VACA 710N OF STREETS &
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I SEC710N 13 & 24
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\ CITY OF BREMER TON WA
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---CURRENT P.S.N.S. BOUNDARY
-PROPOSED P.S.N.S.80UNDARY
UlllIIlllJPROPOSED VACATIONS I
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City of Bremerton, Department of Public Works and Utilities
Engineering Division Staff Report
Proposed Vacations of Various streets and Alleys lying south of Burwell Street,
west of Pacific Avenue, and south of 1st Street in Downtown Bremerton
City Council/Public Hearing Date:
Report Prepared By:
September 6, 2006
Gunnar Fridriksson, Civil Engineer
SUMMARY
A. Applicant: City of Bremerton
345 Sixth Street
Bremerton, WA 98337
Location:
As listed:
. Alley south of Burwell, between Pacific and Park Avenues.
. Alley west of Pacific, between Burwell and Outer Harbor line.
. 1 st Street west of Pacific Avenue.
. Pacific Avenue south of 1st Street.
. Alley south of 1 sl Street, between Pacific and Washington
Avenues.
. Washington Avenue, between Pacific Avenue and above Alley.
B. Attachment: Exhibit Map
BACKGROUND
The City of Bremerton initiated the vacation on behalf of the U.S. Navy and the City
Parks Department. The City and Navy are cooperating on several projects in the
downtown area, including Harborside Park and. the new Naval Museum, SR 304
Downtown Pedestrian Improvements, and security improvements for PSNS.
The City is also completing this vacation to comply with a Presidential Proclamation
(No. 1493) dated November 4, 1918 which dealt with the expansion of PSNS into a
portion of the original Plat of the Town of Bremerton.
RIGHT-OF-WAY CONDITIONS
. Functional Classification
. Existing Right-ot-Way Width
. Proposed Right-of-Way Width
. Pavement Width
_ ~._ Surface Type
. Curb and Gutter
. Sidewalks
Alley and Street
Alley- 14 feet, Street- 70 feet
N/A
Alley- 14 teet, Street- 44 feet
__ Asphalt _
Yes
. 12 foot
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council shall determine following the
Vacation Hearing. These issues and City staff positions are as follows:
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.
City Staff Position:
Majority of the right of way is already incorporated within the existing PSNS
fence or will be shortly. No public use for the streets and alleys is allowed within
PSNS. The remainder of the right of way will become part of Harborside Park,
which will better serve the public good.
2. Whether the vacation is consistent with the City Comprehensive Plan.
City Staff Position:
The proposed vacation does not conflict with the City Comprehensive Plan.
3. Whether the continued use of the proposed vacation as a public way is not
of such public benefit as to justify the costs of maintenance.
City Staff Position:
Loss of these roadways will not increase or decrease the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
City Staff Position:
The SR 304 Downtown Pedestrian Improvements and Harborside Park will be of
more use to the public than the current street configuration.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
City Staff Position:
The majority of the vacations are already interior to the existing PSNS fence. No
future use is anticipated.
6. Whether objections to the proposed vacation are made by owners of
private property (exclusive of petitioners) abutting the same.
The abutting property owners are the U.S. Navy and the City of Bremerton; both
entities support the vacation.
July 31~. 2006- ____~m -
Engineering Division Staff Report
Proposed Alley and Street Vacations Downtown Bremerton
Page 2 of 4
SHORELINE ACCESS
While Pacific Avenue is theoretically to provide shoreline access, access has been
unavailable since approximately 1920 due to PSNS use of this area. Therefore, this
portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies were contacted. Cascade Natural Gas will retain an
easement. No easements will be required for the City utilities.
SUFFICIENCY OF SIGNATURES
Not Applicable - The City initiated the vacation.
COMPENSATION
This is a Class 1 right-of-way and compensation is not required in accordance with BMC '
11.20.080.
STAFF COMMENTS
The City Fire Department, Attorney, Department of Community Development, Police
Department, and Engineering all support this vacation.
Staff recommends approval of the vacation of all the listed streets and alleys.
July 31, 2006~---'~~-~-" ~
Engineering Division Staff Report
Proposed Alley and Street Vacations Downtown Bremerton
Page 3 of 4
Looking southerly from 1 s Street on Pacific Avenue.
Looking southerly towards 1 st Street down alley west of Pacific Avenue.
July 31,2006
Engineering Division Staff Report
Proposed Alley and Street Vacations Downtown Bremerton
Page 4 of 4