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HomeMy WebLinkAboutALLEY- BURWELL - MID BLOCK ALLEY "j 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 891f9~i8e Ree ~!TY OF lilmiliiiiiiii'l;;;::mu, , "' 5 3 Partial Alley Vacation atformer City Hall- Ordinance .. 10 r " 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