HomeMy WebLinkAboutALLEY- BURWELL - MID BLOCK ALLEY
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Return Address: City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, VVA 98337
BREMERTON CITY OF 200809170121
Ordinance Rec Fee: $ 46.00
09/17/2008 02:07 PM Page: 1 of 5
WaUF.'r Washil"ston. Ki tsap Ce. Auditor
111111111111111111111111111111I11111I11111111111 11111111111111 111111111111111 11111 1111111111111
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance 5055
Reference Number(s) of Documents assigned or released: Not applicable
Grantor(s): 1. City ofBremerton
o Additional names on page of document.
Grantee(s): 1. Not applicable
o Additional names on page of document.
Legal Description: Portions ofGovt. Lot 3 (SVV 1/4, SW 1/4) Sec. 13, T.24 N., RIE, W.M., Kitsap County,
(abbreviated) VVashington
o Additional legal is on page of document.
Assessor's Property Tax ParceUAccount Number: Not applicable
ORDINANCE NO. 5055
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of a portion of the
alley between Burwell Street and the existing mid-block alley in
downtown Bremerton.
WHEREAS, the City Council passed Ordinance 5013 vacating a portion of the
alley adjacent to the former City Hall properties located at 239 Fourth Street; and
WHEREAS, as partial consideration for the vacation, the owners of the abutting
former City Hall properties at the time of vacation, Han and Mibyung Kim, were required to
dedicate a new 20 foot alley right-of-way, which was dedicated by Quit Claim Deed and
recorded under Kitsap Auditor's Number 200707270110; and
WHEREAS, the Kims, have subsequently transferred their interest in the abutting
property to HCK2, LLC; and
WHEREAS, the City and HCK2, LLC, as owner and developer of the former
abutting City Hall properties, have been working together on the redevelopment of these
properties; and
WHEREAS, the City initiated this vacation in accordance with Bremerton
Municipal Code (BMC) 11.20.080 in order to reduce the new right-of-way to IS-foot as part of
the redevelopment; and
WHEREAS, the City passed Resolution No. 3066 declaring its intention to vacate
a portion of the alley between Burwell Street and the existing mid-block alley, which resolution
also set a hearing to take public comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent ofthe 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 August 20, 2008, in
the City Council Chambers at the Norm Dicks Government Center to take public comment or
consider written objections to the vacation; and
WHEREAS, this is a Class I right-of-way, however, because the City is initiating
the right-of-way vacation pursuant to BMC II.20.080(D), compensation is not required; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; NOW, THEREFORE,
I
Dn-hntl .f1l01. Vnrntinn al forme,. Lllv Hall _ Ordinance
BREMERTON CITY OF 200809170121
OrdInance Rec Fee: $ 46.00
09/17/2008 02:07 PM P .
Walter WaShington, Kitsap Co ~uditor age 2 of 5
1111111111111111111111111111111111111111111111111111 11111/1111111111111111111111111111111111111
THE CITY COUNCIL OF TIIE 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 easterly 5 feet of the right-of-way dedicated by Quit Claim
Deed under Kitsap Auditor's Number 200707270110 between Burwell Street and the existing
mid-block alley as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated to the abutting property owner, HCK2, LLC or its successors in
interest.
SECTION 3. The Mayor is hereby authorized to prepare, execute and record a
quit claim deed and any other documents necessary to convey the property to the abutting
property owner.
SECTION 4. Easements. The granting of this vacation is subject to no
easements.
SECTION 5. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 6. Severability. 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 ofthe remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 7. 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.
Approved this ~ &dJ day of
,2008.
PASSED by the City Council the ~tLW
')
BREMERTON CITY OF --.. ~ ~~-'_~n"
8g1tn7arnce Ree Fee: $ 46 00 200809170121
W It 2008 02:07 PM .
lilliill~niii"'lrillliililm 1IIIIIIfilliil/1 ' 0' 5
PUBLISHED the ~ day of q;;t;;:;.!;,uAJ
EFFECTIVE the ~ day of
ORDINANCE NO. Sass
,2008.
, 2008.
R\Legal\Legal\Ordinances\Public Works & Utilities\Vacation-portion of Alley belrind old City Hall.doc
BREI1ERTON
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Partial Alley Vacation atformer City Hall- Ordinance
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EXHIBIT A
The easterly 5 feet of the westerly 20 feet of Lot 14, Block 7 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, Section 24,
Township 24 North, Range 1 East, Willamette Meridian, Kitsap County,
Washington.
200809170121
BREMERTON cITY $Of6.1J0 Page: 5 of 5
. Ree Fee.
r~~f~~'ii~~\i\iI\li~i~I\I\\I\\Im\W
August 4, 2008
DA TE SUBMITTED: August 6, 2008
BILL # (}8., '167
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Public Hearing and Ordinance
# lJoCJSvacating a portion of the alley
between Burwell Street and the existing mid-
block alley
Committee Meeting Date: August 13,2008
COUNCIL MEETING Date: August 20, 2008
Department: Engineering/Economic
Development
Presenter: Michael Mecham!
Gary Sexton
Phone: 473-5288/473-5282
SUMMARY: As part of the redevelopment of the former City Hall properties, the City has initiated
the vacation of a portion of the alley to allow the current owner ofthe property, HCK2, LLC., better
use of the site. This date has been scheduled for a public hearing in accordance with state law and the
Bremerton Municipal Code on the proposed ordinance vacating the subject property. In accordance
withBMC l1.20.080(d), no compensation is required.
ATTACHMENTS: 1.) Ordinance #~; 2.) Aerial Map; 3.) Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DlRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA 0
GENER AL BI TSINES&Q
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance #5055 for vacating a portion of alley
between Burwell Street and the existing mid-block alley, adjacent to the former City Hall properties.
COUNCIL ACTION: ~pprove 0 Deny 0 Table
T:\V ACATJ0N\200S Alley Vacation bll:hind former City Hall. Part 2\Agenda Bill for Ordinance.doc
o Continue 0 No Action
\
/
EXHIBIT FOR
ALLEY V ACA TI ON
PORTION
SEC. 13 T.
R. 1.E., WM.
CITY OF BREMERTON
OF
24
N.
2/29/08
G.F.
City of Bremerton, Department of Public Works and Utilities
Engineering Division Staff Report
Proposed Partial Alley Vacation at Former City Hall Property
City Council/Public Hearing Date:
Report Prepared By:
August 20, 2008
Gunnar Fridriksson, Civil Engineer II
SUMMARY
A. Applicant: City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
Location:
The easterly 5 feet of the alley dedicated in conjunction with
Ordinance 5013 and recorded with Kitsap County Auditor's File No.
200707270110.
B. Attachment: Exhibit Map
BACKGROUND
The City of Bremerton originally vacated portions of the alleys adjacent to the former
City Hall to facilitate the redevelopment of the former City Hall properties. As part of the
requirements for these alleys being vacated, the City requested conveyance of a new
north-south alley connecting Burwell Street and the existing 14-foot alley.
This new alley was the westerly 20 feet of Lot 14 of the properties. The developer of
the former City Hall properties has requested that the new alley be reduced to 15-foot.
RIGHT-OF-WAY CONDITIONS
. Functional Classification
. Existing Right-of-Way Width
. Proposed Right-of-Way Width
. Pavement Width
. Surface Type
. Curb and Gutter
. Sidewalks
Alley
20 feet
15 feet
20 feet
Asphalt
N/A
N/A
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City Hall
Page 10f3
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.
Staff Position:
This portion of the right-of-way will not be 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:
Maintenance costs will be comparable to the cost to maintain the existing alley.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
N/A - Roadway is remaining, reduced width.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The relocated roadway will be consistent with future redevelopment of the site
and is expected to meet future public needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The former City property is the only property abutting the vacation.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City Hall
Page 2 of 3
UTILITIES
The Department of Economic Development has contacted and been negotiating with
the private utility companies to abandon or relocate their existing infrastructure. No
easements will be required for the private or City utilities.
SUFFICIENCY OF SIGNATURES
Not Applicable - The City initiated the vacation.
COMPENSATiON
Not Applicable - The City initiated the vacation.
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 these portions of the alley.
11'.:1'1"
1III
I ........
:....- ~:.~
----
r~-~~
Looking northerly from Burwell along new alley.
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City Hall
Page 3 of 3
RESOLUTION NO. .30 &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 the alley between Burwell Street
and the existing mid-block alley, bounded also by Fourth Street
and Washington and Pacific Avenues in downtown Bremerton.
WHEREAS, the City initiated the vacation in accordance with Bremerton
Municipal Code (BMC) 11.20.080 as part of the redevelopment of the former City Hall
properties; 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 August 20,2008, 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
~
day
APPROVED AS TO FORM:
ATTEST:
-\7.' / i '--,
" // I? - f',""
Y"'-::l1 1,,0' /",'
r.
ROGER A. LUBOVICH, City Attorney
/2v
,
tk/~A0
CAROL E ,CiCleu
I
Portion of Alley between Burwell Street and existing mid-block alley - Resolution
DA TE SUBMITTED: June 18, 2008
BILL # 08- /se::,
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Resolution # 30(JJ)
Vacation of a Portion of the Alley between
Burwell Street and the existing mid-block
alley bounded also by Fourth Street and
Washington and Pacific Avenues.
Committee Meeting Date: June 25, 2008
COUNCIL MEETING Date: July 2, 2008
Department: Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: As part of the redevelopment of the former City Hall properties, Economic
Development has initiated the vacation of a portion of the alley to allow the current owner of the
property, Hotel Concepts, Inc., better use of the site. This date has been scheduled for a public
hearing in accordance with state law and the Bremerton Municipal Code for first reading on the
proposed ordinance vacating the subject property. In accordance with BMC l1.20.080(d), no
compensation is required.
ATTACHMENTS: 1.) Resolution # 'bo~(q; 2.) Exhibit Drawing; 3.) Engineering Staff Report.
FISCAL IMP ACTS (Include Budgeted Amount): None.
APPROVALS: ~
DEPARTMENTDIRECTOi_ ~
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~e/.
?;Z . n. -~--:G.-~'
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to pass Resolution # 3oCo(P setting a hearing date of August 20, 2008 for vacating a portion of
alley between Burwell Street and the existing mid-block alley, adjacent to the former City Hall
properties.
COUNCIL ACTION: trl Approve D Deny D Table
{;-16-08 Agenda Bill for Resolution ~ vacation
D Continue D No Action
EXHIBIT FOR
ALLEY V ACA TI ON
PORTION OF
SEC. 13 T.24 N.
R. 1.E., WM.
CITY OF BREMERTON.
2/29/08
G.F.
City of Bremerton, Department of Public Works and Utilities
Engineering Division Staff Report
Proposed Partial Alley Vacation at FormeriCity Hall Property
City Council/Public Hearing Date:
Report Prepared By:
August 20,2008
Gunnar Fridriksson, Civil Engineer II
SUMMARY
A.
Applicant:
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
Location:
The easterly 5 feet of the alley dedicated in conjunction with
Ordinance 5013 and recorded with Kitsap County Auditor's File No.
200707270110.
B. Attachment: Exhibit Map
BACKGROUND
The 'City of Bremerton originally vacated portions of the alleys adjacent to the former
City Hall to facilitate the redevelopment of the former City Hall properties. As part of the
requirements for these alleys being vacated, the City requested conveyance of a new
north-south alley connecting Burwell Street and the existing 14-foot alley.
This new alley was the westerly 20 feet of Lot 14 of the properties. The developer of
the former City Hall properties has requested that the new alley be reduced to 15-foot.
RIGHT-OF-WAY CONDITIONS
· Functional Classification
. Existing Right-of-Way Width
· Proposed Right-of-Way Width
. Pavement Width
· Surface Type
. Curb and Gutter
. Sidewalks
Alley
20 feet
15 feet
20 feet
Asphalt
N/A
N/A
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City Hall
Page 10f3
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.
Staff Position:
This portion of the right-of-way will not be 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:
Maintenance costs will be comparable to the cost to maintain the existing alley.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
N/A - Roadway is remaining, reduced width.
5. Whether conditions may so change in the future as to provide a greater
public us.e or need than presently exists.
Staff Position:
The relocated roadway will be consistent with future redevelopment of the site
and is expected to meet future public needs.
6. Whether objections to the proposed vacation are made by owners of
private'property abutting the same.
Staff Position:
The former City property is the only property abutting the vacation.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City HaJJ'
Page 2 of 3
UTILITIES
, The Department of Economic Development has contacted and been negotiating with
the private utility companies to abandon or relocate their existing infrastructure. No
easements will be required for the private or City utilities. .
SUFFICIENCY OF SIGNATURES
Not Applicable - The City initiated the vacation.
COMPENSATION
Not Applicable - The City initiated the vacation.
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 these portions of the alley.
.".. -- -
rill
I. II
I ._---, c.
--',...-.'
.,.-.-....-..
Looking northerly from Burwell along new alley.
June 10, 2008
Engineering Division Staff Report
Proposed Alley Vacation at former City Hall
Page 3 of 3