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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 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ;/ ) / / / / / / / / / / / / / // / / / / / ./ / > / , ~,~ / )~~' // /"..'- /rfV //~~ / .ilP / ,"'~~ /~'< / ,$-"'<) //0:> 0- / ~~ -. q ~~o /!'P~ . / , ~~<l' _ / ,~ ~D 0;00 g" //f~~ ',((,,7 / rf ! ~' ,~;~~" / ~{~ i ~b(../ ....---- /~'< ; __ ' / / 0'> ~=---= :-----__.L~_________/// PAAI( NEJU BOWWl BURWELl. MO ~ II =::.~:::.1:._.J~.~_ J , :~.':" -:: .~:' ; VIG\.Tm m USN 8'1' ORO:lWICE '$1Ie (.wousr~~ ' ! .' r .!l. ~ :> i I, " r" 'l :,1 ,tlll)olH:lf778(OCfl)8ERIIl23) !l '" I . I!ETUIlNED m CITY IN 0RDlN0\NCE 'Jg~l NoNl I ; ii' ~~ :rE~l~~~.~~)~~__ ._..l~ II; i : ! I I I I I I I I I I I I I I I I ) i'I"' 1_.1 WCATm ..vi KlTSlI> COUNTY c::ClW1SlOfI[f(S AlUnW. \'Oi..2, PG.m (~1900) 1IJlO'1l.$7 J~-- --- 141,3 21 ,"",m '.' \::J '.' - ,...-/ - 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 II D ~ ---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 ! I \ I \ EXHIBIT MAP I FOR \ VACA 710N OF STREETS & I \ ALLEYS 'MTHIN DOWNTOWN I SEC710N 13 & 24 I \ T..24N..R.1E.. W.M. \ CITY OF BREMER TON WA I 31 JUL Y 2006 I \ l~ I \ ~ I \ I \ I \ I \ ~~I \ ,-) \ ~ ) / / / / / / / / / / / / / / " / / ". ,,~, // / "\ / / , ~ // " ,~ /q~'/. / /,l~ /; ~.l /~ / >/>~ / d'~~ \ ~~J_ /,s.~ / rjl 0 /e;l{/ ... CJ r}"~'- 0 /,J> ,/ ,)-/& - /'~ bD O~DO' p" / /;~q(J- . : ~~!~7 / /~rf :~: ~.;.'/~-:-~ // /:;'+~ ~_===~ / // rY l r 11---;:: ' : / / '---' ~------_.L________~ SINCLAIR : - .j - ! - ~ PAAl( AVEHtL 8Olfl[~ BU/l'iIl'Eu. AND.. ~ II :~:~.;~-=;.;~~ ' ',..,; - ,,,,~=,,",",,,,-I j . ,: - :~.; i . r::> ~ ;, IlffiJRWfDTDCflTIl'l'~EIJlI~I: 1 ; i' - _~~.~~.~1)~~___".__[~~ ;: i !1 ~ - ----------.... - - ---- !-'!'!"!""!' ,!..i 1. ) .i__.LLi ~TEDPERKJtSN'COIJNTY COWWlSOEJ(S .JCIl.JfttW.. WL2, 1'0.728 (AI'RILliOO) I ,-- 11I.00'"' ; . ", 74L 21 BLllG'l9D < ~)- ~ I I L--~~~~ ........ .ll.. D ~ : ---CURRENT P.S.N.S. BOUNDARY -PROPOSED P.S.N.S.80UNDARY UlllIIlllJPROPOSED VACATIONS I / N L E T 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