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
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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
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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
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(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:
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~":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
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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
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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