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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. ---_._-----~---- 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 1111111111111111I 111111111111111111111111111111111111111111111111111111111111111111111111111111 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 r\iil~f\fI ,\~~i\i\ \i~m\\III1\\I \I\~i\i,\ ~,\ \\"\\~\, \~\i\I'I\i \111\ \l\ll \Ilil nIl 111\ 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 ~ ,II llj .... ~ lr) 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 ~ ,II L<i .... o lr) 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