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HomeMy WebLinkAboutLaurel Ave. Return Address: City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton, VVA 98337 BREMERTON CITY OF 200806200016 Ordinance Rec Fee: $ 45,00 Page' 1 of 4 06/20/2008 10:04 AM , ' Walter Washington, Kltsap Co Audltor 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 j"'y ."!:"~~l'-A'X'" 1'''O~^''-~MP''r ,jUN 1 ~1 2t'1na i(..;,,-l,;i;:::' ~ j , 1,:'i\:C ,'; . ~. If' 00 . AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Vacation Ordinance 5048 with Reservation of Easement Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City of Bremerton D Additional names on page of document. --_._--_..~- ~---- --_.-._---~--------- ----""------- - -----.- ------ -----~~------_.__."-------- ~- Grantee(s): 1. Not applicable '"'- D Additional names on page of document. _.~------- Legal Description: Portion of Govt. Lot 5 (SE Y4, SE Y4) Sec. 4, T.24 N., R.lE, VV.M., Kitsap County, (abbreviated) VV ashington D Additional legal is on page of document. Assessor's Property Tax ParceUAccount Number: Not applicable ~--_._----~~-- \ p _..,~ - - -- d" ....J. , . U ~I 1 () flQQl:i' , "'-"a"C" Yi\\i' i;,Al:iVlP r l'~_ (.) l. ..\1 I:'j\ ""i~a:: j nr r,~ ORDINANCE NO. 50 4 8 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place, in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place, in the City of Bremerton.; and WHEREAS, the City passed Resolution No. 3050 setting a hearing date to consider the vacation of 50 feet of Laurel Avenue, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on May 21, 2008, in the City Council Chambers ofthe Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; 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. Vacation. That portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners. SECTION 3. Reservation of Easements. (a) An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. BREMERTON CITY OF 200806200016 Ordinance Rec Fee: $ 45.00 06/20/2008 10:04 AM Page 2 of 4 Walter Washington, Kitsap Co Auditor 111111111111111111111111111111111111111111111111111111111111111111111 ill 11111 !IIII 11111 1111 1111 (b) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION 40 Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 50 Severabilitv. 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 60 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 r:1./~ t; day of >tl!l(j- ,2008. Approved this O(~ dayof 7tA.Li1~ ,2008. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO. FORM: ~~~t~~ ~":tu ',220g~8.~- c~qf~ PUBLISHED the ~ Ird--A.J day of EFFECTIVE the .-):CA) day of ORDINANCE NO. ..!JZ) 4f R:\Legal\Legal\Ordinances\PubJic Works & UtiJities\Vacation - Laurel Avenue.doc BREMER TON CITY OF 200806200016 Ordinance Rec Fee: $ 45.00 06/20/2008 10:04 AM Page: 3 of 4 Walter Washington, Kitsap Co Auditor 1111111111111111I111111111111111111111111111111111111111111111111111111111111111111111111111111 2 Vacation - Portion of Laurel Avenue EXHIBIT A legal Description Right-Ot-Way Vacation A portion ot laurel Avenue THAT PORTION OF LAUREL AVENUE SITUATE WITHIN THE PLAT OF KEAN'S BEACH AS RECORDED IN VOLUME 3 OF PLATS, PAGE 43, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 5 (SE %, SE % ) OF SECTION 4, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 17 OF SAID PLAT OF KEAN'S BEACH AND THE WESTERLY RIGHT OF WAY OF LAUREL AVENUE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ON AN EXTENSION OF SAID SOUTH LINE OF LOT 17 TO THE EASTERLY RIGHT OF WAY OF SAID LAUREL AVENUE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO A POINT WHICH IS 163.08 FEET SOUTH OF THE MOST NORTHERLY CORNER OF LOT 22 OF SAID PLAT; THENCE N 7r20'34"WTO THE SAID WESTERLY RIGHT OF WAY OF LAUREL AVENUE; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY TO THE TRUE POINT OF BEGINNING. BREMER TON CITY OF g~1~8i2g68Rec Fee $ 45 00 200806200016 Walt W 10:04 AM 1llIlllllllllli~i Ilill ilil/illlli i,illlif/lim/II,'llllll ili~, ill IIIIIIIIIII,;'i;lilll' 0' , DATE SUBMITTED: May 7, 2008 ;.;j. BILL # 08 ., IJ-S- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: PUBLIC HEARING AND ORDINANCE # Solf'6 VACATING A PORTION OF LAUREL AVENUE, APPROXIMATEL Y MIDPOINT FROM MARINE DRIVE PLACE TO MADRONA PLACE Committee Meeting Date: May 14, 2008 COUNCIL MEETING Date: May 21, 2008 Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City received a petition from Kendra Scroggs to vacate a portion of Laurel Avenue approximately midpoint from Marine Drive Place to Madrona Place. No roadway has ever been constructed in this portion and the right of way currently has a driveway to the applicant's residence. Topography does not support roadway construction in this area as there is an approximate 1 to 1 slope for a 25-foot grade change at the end ofthe applicant's property to Madrona Place. This is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140. ATTACHMENTS: 1.) Ordinance # 5oLlB; 2.) Aerial Exhibit; and 3.) Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECT CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~~ COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance # 50'48 vacating a portion of Laurel A venue, approximately midpoint from Marine Drive Place to Madrona Place. COUNCIL ACTION: ~ve o Deny D Table o Continue 0 No Action T:\V ACATI0N\2007 Laurel Avenue - Madrona Point\Agenda Bill for Ordinance Laurel Avenue.doc >f) ~ ,II .;,; ~ EXHIBIT FOR VACATION OF PORTION OF "LAUREL AVENUE" SECA, T.24N.,R.1 E., W.M. CITY OF BREMERTON 02/08 - G.F.fS.J. APPLICANT - SCROGGS STREET VACATION REQUEST PORTION OF LAUREL AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: May 21,2008 Gunnar Fridriksson SUMMARY Applicant: Kendra Scroggs 4646 Marine Drive Place Bremerton, WA 98312 Location: Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place BACKGROUND The applicant has petitioned the City of Bremerton to vacate 50 feet of Laurel Avenue. The roadway was dedicated with the Plat of Kean's Beach (Vol. 3, of the book of plats Pg. 43) in June of 1908. No roadway has ever been constructed in this portion, and the right of way currently has a driveway to the applicant's residence. Topography does not support roadway construction in this area as there is an approximate 1 to 1 slope for a 25-foot grade change at the end of the applicant's property to Madrona Place. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R-Q-W Width · Proposed R-Q-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 20 feet N/A None Dirt/Gravel None None February 2008 Portion of Laurel Avenue Page 1 of 4 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 Laurel 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 February 2008 Portion of Laurel Avenue Page 2 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES No public utility is located within the vacation area. All private utilities were contacted and an easement for Puget Sound Energy and Cascade Gas will need to be retained. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 67% of the owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or in the acquisition or providing improvements. No compensation is required for Class III right-of-way. STAFF RECOMMENDATION City Attorney, Police, Engineering and Community Development staff notes no objections to the proposal. No comments from the vacation were received from the Fire Department. Staff recommends that this Street Vacation be approved as requested. February 2008 Portion of Laurel Avenue Page 3 of 4 Looking northerly from Marine Drive Place. Looking southerly from Madrona Place, approximately 25-feet in grade change. February 2008 Portion of Laurel Avenue Page 4 of 4 RESOLUTION NO. 3 0 5 0 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of Laurel Avenue. WHEREAS, the City has received a petition to vacate a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on May 21,2008, 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 immediately upon its passage. of SSED by the City Council of the City of Bremerton, Washington this ,2008. c2~ day ATTEST: ----'>- 1 Laurel Avenue - Resolution AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 08 - 070 DATE SUBMITTED: March 19, 2008 ........................................................................................ SUBJECT: RESOLUTION NO. 3050 TO ESTABLISH MAY 21, 2008 AS A HEARING DATE TO VACATE A PORTION OF LAUREL AVENUE. Committee Meeting Date: Mareh-26, 2008 ' 3h /08 COUNCIL MEETING Date: April 2, 2008 f Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City received a petition from Kendra Scroggs to vacate a portion of Laurel Avenue approximately midpoint from Marine Drive Place to Madrona Place. No roadway has ever been constructed in this portion and the right of way currently has a driveway to the applicant's residence. This is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140. ATTACHMENTS: 1.) Resolution No. 3D5(;2.) Aerial Exhibit; 3.) Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution No.3 050 setting a hearing date of May 21,2008, for vacating a portion of Laurel Avenue. COUNCIL ACTION: Lprove D Deny D Table D Continue D No Action ~ ,II I.U ~ EXHIBIT FOR VACATION OF PORTION OF "LAUREL AVENUE" SEC.4, T.24N.,R.1 E., W.M. CITY OF BREMERTON 02/08 - G.F.jS.J. APPLICANT - SCROGGS STREET VACATION REQUEST PORTION OF LAUREL AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: May 21,2008 Gunnar Fridriksson SUMMARY Applicant: Kendra Scroggs 4646 Marine Drive Place Bremerton, WA 98312 Location: Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place BACKGROUND The applicant has petitioned the City of Bremerton to vacate 50 feet of Laurel Avenue. The roadway was dedicated with the Plat of Kean's Beach (Vol. 3, of the book of plats Pg. 43) in June of 1908. . No roadway has ever been constructed in this portion, and the right of way currently has a driveway to the applicant's residence. Topography does not support roadway construction in this area as there is an approximate 1 to 1 slope for a 25-foot grade change at the end of the applicant's property to Madrona Place. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R-Q-W Width . Proposed R-Q-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 20 feet N/A None Dirt/Gravel None None February 2008 Portion of Laurel Avenue Page 1 of 4 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 Laurel 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 February 2008 Portion of Laurel Avenue Page 2 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES No public utility is located within the vacation area. All private utilities were contacted and an easement for Puget Sound Energy and Cascade Gas will need to be retained. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 67% of the owners abutting the property to be vacated. COMPENSATION This is a Class III right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement which is generally unimproved and for which no public funds have been expended in the acquisition or in the acquisition or providing improvements. No compensation is required for Class III right-of-way. STAFF RECOMMENDATION City Attorney, Police, Engineering and Community Development staff notes no objections to the proposal. No comments from the vacation were received from the Fire Department. Staff recommends that this Street Vacation be approved as requested. February 2008 Portion of Laurel Avenue Page 3 of 4 Looking northerly from Marine Drive Place. Looking southerly from Madrona Place, approximately 25-feet in grade change. February 2008 Portion of Laurel Avenue Page 4 of 4