HomeMy WebLinkAboutHAZELWOOD ST. & WEST HILS BLVD
Return Address: City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, WA 98337
BREMERTON CITY OF 200806200017
Ordinance Ree Fee: $ 46.00
06/20/2008 10.04 AM Page: 1 of 5
Walter Washington, Kitsap Co Auditor
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
EXCISE TAX EXEMPT JUN 1 g 2008
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Vacation Ordinance 5049 with Reservation of Easements
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.
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Legal Description: NE 1;4 of the SE 1;4 and SE 1;4 of the NE 1;4, Sec. 21, T.24 N., R.lE, W.M., Kitsap County,
(abbreviated) Washington
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: Not applicable
~-----_._-----~
;;~XC'15E lAx EXEMPT JUN 1'8 2008_0
ORDINANCE NO. So tt. q
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, vacating Haselwood Street and West
Hills Boulevard, from Union Avenue to terminus, in the City of
Bremerton.
WHEREAS, the City received a petition to vacate Haselwood Street and West
Hills Boulevard, from Union Avenue to terminus, in the City of Bremerton.; and
WHEREAS, the City passed Resolution No. 3051 setting a hearing date to
consider the vacation ofthe entire roadways ofHaselwood Street and West Hill Boulevard, 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. That portion ofHaselwood Street and West Hills Boulevard, from
Union Avenue to terminus 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.
1
Vacation -
Hase/wood Street and West Hills Boulevard
BREMERTON CITY OF 200806200017
Ordinance Rec Fee $ 46.00 r-
06/20/2008 10.04 AM Page. 2 of 0
Walter Washington, Kitsap Co Auditor
i 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
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.
(b) An easement is reserved for Comcast for operation, maintenance and repair of
cable lines over, under and upon the entire area vacated pursuant to this ordinance.
(c) An easement is reserved for Qwest for operation, maintenance and repair of
telephone lines over, under and upon the entire area vacated pursuant to this ordinance.
(d) 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 4. Vested Rights. No vested rights shall be affected by the provisions
of this ordinance.
SECTION 5. 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 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 dlLt;
day of
,2008.
Approved this ~ day of
~"1'
, 2008.
ATTEST:
APPROVED AS TO FORM:
c~ct~~
GER A. LV
2
Vacation -
Haselwood Street and West Hills Boulevard
BREMERTON CITY OF 200806200017
Ordinance Rec Fee $ 46 00
06/20/2008 10 04 AM Page. 3 of 5
Walter Washington, Kitsap Co Audltor
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PUBLISHED the d4,~) day of
EFFECTIVE the .5"-t:J...) day of
ORDINANCE NO. 67'Jj~
1}:;t."
, 2008.
, 2008.
R:\Legal\Legal\Ordinances\Public Works & UtilitiesWacation - Haselwood.doc
200806200017
BREMERTON CITY OF
Ordinance Rec Fee $ 46.00 Page: 4 of 5
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3
Vacation -
Haselwood Street and West Hills Boulevard
, 0
EXHIBIT A
Legal Description
Right-Ot-Way Vacation
Ot Haselwood Street and West Hills Boulevard
ALL OF HASELWOOD STREET AND WEST HILLS BOULEVARD SITUATE
WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON.
BREMERTON CITY OF 2a080
OrdInance Rec Fee $ 46 00 6200017
06/20/2008 10:04 AM .
Walter Washington, Kitsap Co Auditor Page: 5 of 5
111111111111111111111111/11111111111111111111111111111111111111/111/1111/1111111111111111111111
DATE SUBMITTED: May 7, 2008
BILL #
09 - (J-(p
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: PUBLIC HEARING AND
ORDINANCE # 50 'fer VACATING
HASEL WOOD STREET AND WEST
HILLS BOULEVARD, FROM UNION
AVENUE TO TERMINUS
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 Rick Wiler, HMI, to vacate the entire roadways of
Haselwood Street and West Hills Boulevard. These roadways were constructed and deeded to the
City (Kitsap County AFN 20016280162) with the surrounding commercial development by HMI, and
services only the development. These roadways service the private development and are not required
for public use. This is a Class III right-of-way as defined in BMC 11.20.140. This type of right-of-
way is limited to a public easement for which no public funds have been expended in the acquisition
or providing improvements. No compensation is required for Class III right-of-way.
ATTACHMENTS: 1.) Ordinance #50'('(; 2.) Aerial Exhibit; and 3.) Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
-,
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA D
GENERAL BUSINESS D
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance #SoLltt vacating Haselwood Street and
West Hills Boulevard, from Union Avenue to terminus.
COUNCIL ACTION: ~pprove D Deny D Table
D Continue D No Action
T:\V ACA TI0N\2007 Haselwood\Agenda Bill for Ordinance Haselwood.doc
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EXHIBIT
FOR VACATION 01
PORTION OF
"H ASEL WOOD STREE
&
"WEST HILLS BLVD
SEC.21, T.24N.,R.1 E., W.M.
CITY OF BREMERTON
02/08 - G.F./S.J.
APPLICANT - HMI
STREET VACATION REQUEST
PORTION OF HASELWOOD STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
May 21,2008
Gunnar Fridriksson
SUMMARY
Applicant: Rick Wiler
HMI
500 Union Avenue
Bremerton, WA 98312
Location: Haselwood Street and West Hills Boulevard, from Union Avenue to
terminus.
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate the entire roadways of
Haselwood Street and West Hills Boulevard. These roadways were constructed and
deeded to the City (Kitsap County AFN 200106280162) with the surrounding
commercial development by HMI, and services only the development.
RIGHT OF WAY CONDITIONS
. Functional Classification
. Existing R-Q-W Width
. Proposed R-O-W Width
. Pavement Width
. Surface Type
. Curb and Gutter
. Sidewalks
Local Access
50 feet
N/A
30 feet
Asphalt
Both sides
5 foot sidewalk both sides
February 2008
Haselwood Street and West Hills Boulevard
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:
These roadways service the private development and are 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 these right-of-ways will reduce the City's maintenance responsibility in
the area, along with costs for street lighting.
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. All
parcels with the exception of one are owned by HMI. An easement and road
maintenance agreement for the one independent property owner has been
recorded by HMI in anticipation of the vacation.
February 2008
Haselwood Street and West Hills Boulevard
Page 2 of 5
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
City utilities within the existing right of way include sanitary sewer, storm sewer and
water. An easement for sanitary sewer and water will be retained. Storm sewer will
become private with the vacation and an agreement for maintenance with HMI will need
to be recorded.
All private utilities were contacted and an easement for Puget Sound Energy, Comcast,
Qwest and Cascade Gas will need to be retained.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% 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 for which no public funds have been expended 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
Haselwood Street and West Hills Boulevard
Page 3 of 5
Looking easterly from Union down Haselwood Street.
Looking northerly from cul-de-sac on West Hills Boulevard towards Haselwood Street.
February 2008
Haselwood Street and West Hills Boulevard
Page 4 of 5
New dealership under construction between Union and West Hills Boulevard, south of
Haselwood Street.
February 2008
Haselwood Street and West Hills Boulevard
Page 5 of 5
RESOLUTION NO.
3051
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of Haselwood Street.
WHEREAS, the City has received a petition to vacate a portion of Haselwood
Street and West Hills Boulevard, from Union Avenue to terminus; 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.
/y;:~~?D by the City Council of the City of Bremerton, Washington this ~ day
of ~ ,2008.
APPROVED AS TO FORM:
ATTEST:
54:~~
.. R GER A. L1JBOYICH, Cit~. o~
~~~
CAROL GEN, Cit~ lerk
R:\Legal\Legal\Resolutions\Public Wo
1
Haselwood Street and West Hills Boulevard - Resolution
DATE SUBMITTED: March 19, 2008
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
08- 071
........................................................................................
SUBJECT: RESOLUTION NO. 305 [ TO
ESTABLISH MAY 21,2008 AS A
HEARING DATE TO V ACA TE A
PORTION OF HASEL WOOD STREET.
Committee Meeting Date: Mare;n 26, 2008 3;( / /08
COUNCIL MEETING Date: April 2, 2008 T
Department: Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The City received a petition from Rick Wiler to vacate the entire roadways of
Haselwood Street and West Hill Boulevard, from Union Avenue to terminus. These roadways were
constructed and deeded to the City (Kitsap County AFN 200106280162) with the surrounding
commercial development by HMI, and services only the development. This is a Class III right-of-way
and compensation is not required in accordance with BMC 11.20.140.
ATTACHMENTS: 1.) Resolution No.3 05(; 2.) Aerial Exhibit; 3.) Staff Report.
FISCAL IMP ACTS (Include Budgeted Amount): None.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
Move to pass Resolution No. 305 I setting a hearing date of May 21, 2008, for vacating a portion of
Haselwood Street.
COUNCIL ACTION: 'APprove
o Deny
o Table
o Continue 0 No Action
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EXHIBIT
FOR VACATION 01
PORTION OF
"H ASEL WOOD STREE
&
"WEST HILLS BLVD
SEC.21, T.24N.,R.1 E., W.M.
CITY OF BREMERTON
02/08 - G.F.jS.J.
APPLICANT - HMI
STREET VACATION REQUEST
PORTION OF HASELWOOD STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
May 21,2008
Gunnar Fridriksson
SUMMARY
Applicant: Rick Wiler
HMI
500 Union Avenue
Bremerton, WA 98312
Location: Haselwood Street and West Hills Boulevard, from Union Avenue to
terminus.
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate the entire roadways of
Haselwood Street and West Hills Boulevard. These roadways were constructed and
deeded to the City (Kitsap County AFN 200106280162) with the surrounding
commercial development by HMI, and services only the development.
RIGHT OF WAY CONDITIONS
. FunctionalClassification
· Existing R-O-W Width
· Proposed R-Q-W Width
· Pavement Width
· Surface Type
. Curb and Gutter
. Sidewalks
Local Access
50 feet
N/A
30 feet
Asphalt
Both sides
5 foot sidewalk both sides
February 2008
Haselwood Street and West Hills Boulevard
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:
These roadways service the private development and are 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 these right-of-ways will reduce the City's maintenance responsibility in
the area, along with costs for street lighting.
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. All
parcels with the exception of one are owned by HMI. An easement and road
maintenance agreement for the one independent property owner has been
recorded by HMI in anticipation of the vacation.
February 2008
Haselwood Street and West Hills Boulevard
Page 2 of 5
SHORELINE ACCESS
This portion ot right-ot-way does not provide shoreline access.
UTILITIES
City utilities within the existing right ot way include sanitary sewer, storm sewer and
water. An easement tor sanitary sewer and water will be retained. Storm sewer will
become private with the vacation and an agreement tor maintenance with HMI will need
to be recorded.
All private utilities were contacted and an easement tor Puget Sound Energy, Comcast,
Qwest and Cascade Gas will need to be retained.
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 tor which no public tunds have been expended in the
acquisition or providing improvements. No compensation is required tor Class III right-
ot-way.
STAFF RECOMMENDATION
City Attorney, Police, Engineering and Community Development staff notes no
objections to the proposal. No comments trom the vacation were received trom the Fire
Department.
Staff recommends that this Street Vacation be approved as requested.
February 2008
Haselwood Street and West Hills Boulevard
Page 3 of 5
Looking easterly from Union down Haselwood Street.
Looking northerly from cul-de-sac on West Hills Boulevard towards Haselwood Street.
February 2008
Haselwood Street and West Hills Boulevard
Page 4 of 5
New dealership under construction between Union and West Hills Boulevard, south of
Haselwood Street.
February 2008
Haselwood Street and West Hills Boulevard
Page 50f 5