HomeMy WebLinkAboutCHESTER - 16TH ST.
.'
Return Address:
City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, VVA 98337
BREMER TON CITY OF 200809080171
OrdInance Rec Fee' ~ 47 00
09/08/2008 02:20 PM .
Walter Washington, Kitsap Co Auditor .Page. 1 of 6
11111111 III 11111111111111111111 1111111111111 11I/IIIIIIIII 11I1I I1I1I1I III 11111 IIJII 1111 III/
AUDITOR/RECORDER'S INDEXING FORM
Document TIUe(s): 1. Ordinance 5045
Reference Number(s) of Documents assigned or released: Not applicable
Grantor(s): 1. City ofBremerton
D Additional names on page of document.
Grantee(s): 1. Not applicable
D Additional names on page of document.
Legal Description: Portions of Govt. Lot 3 (NE 1/4, NE 1/4) Sec. 14, T.24 N., R.IE, VV.M., Kitsap County,
(abbreviated) VVashington
D Additional legal is on page of document.
Assessor'. Property Tax ""Feel/Account Number: Not applicable
'...
ORDINANCE NO. 5oL/5
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating portions of Chester Avenue, from intersection with 16th
Street approximately 110 feet northerly, and portions of 16th Street,
from intersection with Chester Avenue approximately 130 feet
easterly thereof in the City of Bremerton.
WHEREAS, Olympic College has petitioned the City to vacate portions of
Chester Avenue and 16th Street to be able to re-construct the main entrance into the campus in
the City of Bremerton; and
WHEREAS, the City passed Resolution No. 3047 setting a hearing date to
consider the vacation of portions of Chester Avenue and 16th Street provided compensation is
paid, 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 April 2, 2008, in the
City Council Chambers of the Bremerton City Hall to take public comment or consider written
objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WEHREAS, this is a Class I and II right of way and compensation is required in
accordance with BMC 11.20.140; and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated; 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. The portions of Chester Avenue and 16th Street 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 subject to the following conditions:
1
Street Vacation -
Portions of Chester A venue and 16th Street
BREMERTON CITY OF 200809080171
Ordinance Rec Fee' $ 47.00
09/08/2008 02:20 PM . Page: 2 of 6
Walter WashIngton, KItsap Co Auditor
11111111 II! 1111111111111111111111111111111111111111111111111111111111111 11111111/111111111
(a) Compensation paid to the City in the amount of $74,160.00.
(b) Dedication by the abutting property of a new right-of-way as described in Exhibit
B attached hereto and incorporated herein by this reference, or as otherwise approved by the
City.
(c) Reservation of easements as set forth in Section 3 below.
(d) The street vacation herein shall be effective upon the recording of a deed
approved by the City dedicating the new right-of-way.
SECTION 3. Reservation of Easements.
(a) An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and repair of City utilities over, under and
upon the entire area vacated pursuant to this ordinance.
(b) An easement is reserved for Qwest for operation, maintenance and repair of
existing telephone lines and appurtenances within the area vacated pursuant to this ordinance.
(c) An existing street survey monument is to be maintained, or replacements for the
monument set and recorded. Proper. documentation filed with Washington State Department of
Natural Resources and the City of Bremerton.
SECTION 4. Vested Rif!hts. 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 ~ _
day of I(~~~)
, 2008.
Approved this "/;;C,l J
day of f{r LL1 )
2
Street Vacation-
Portions of Chester Avenue and 16th Strppt
BREMERTON CITY OF 200809080171
Ordinance Rec Fee: $ 47.00 P 3 f 6
09/08/2008 02.20 PM . . age: 0
Walter Washington, Kitsap Co Auditor
111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
ATTEST:
APPROVED AS TO FORM:
11 ~~ tl40 ~ C" ~ ~ '-----~ =:::
CAR~~~, Cit~ (;lrt .~R A. LUBOYICH, City AttornS -
PUBLISHED the 761) day of ~:t :t' ' 2008.
EFFECTIVE the 1];t:V day of . - , 2008.
ORDINANCE NO. StJt.j...5
R:\Legal\Legal\Ordinances\Public Works & UtilitiesWacation - Chester & 16th.doc
BREMERTON CITY OF 200809080171
OrdInance Rec Fee. $ 47 00
09/08/2008 02:20 PM .
Walter Washington, Kitsap Co Auditor Page. 4 of 6
1111/1/111111111111111111/1111111111111111111111111/1111111111111/111/11111111111111111111
3
Street Vacation-
Portions of Chester Avenue and 16th Street
EXHIBIT A
(PORTION TO BE CONVEYED TO OLYMPIC COLLEGE)
That portion of Chester Avenue and that portion of 16th street lying within Lot 7, Tract 6
of the plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of Plats, page 51,
described as follows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88027'27" East along the
centerline of said 16th Street a distance of 153.23 feet; thence South 1032'33" West
30.00 feet to the South right-of-way margin of said 16th Street and the True Point of
Beginning; thence North 88027'27" West along said right-of-way margin a distance of
183.01 feet to the West right-at-way margin of Chester Avenue; thence North 1007'22"
East along said right-of-way margin a distance of 29.77 feet; thence North 1006'30" East
along said right-of-way margin a distance of 126.21 feet; thence South 88053'30" East
24.17 teet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point of said curve bears North 73041'00" East; thence
southeasterly (counterclockwise) along said curve an arc distance of 76.00 feet through
a central angle of 21046'19" to the East right-of-way margin of said Chester Avenue;
thence South 1 006'30" West along said right-at-way margin a distance of 29.93 feet to
the North right-at-way margin of said 16th Street; thence South 88027'27" East along
said right-at-way margin a distance of 30.54 feet to a point on a curve, concave to the
Northeast, having a radius of 200.00 feet from which the radius point of said curve
bears North 39035'24" East; thence southeasterly (counterclockwise) along said curve
an arc distance of 102.35 feet through a central angle of 29019'12"; thence South
1 032'33" West 19.82 feet to the True Point of Beginning.
BREMERTON CITY OF 200809080171
Ordinance Rec Fee: $ 47.00
0910812008 02:20 PM Page 5 of 6
Walter Washington, Kitsap Co Auditor
1111111111I111111 111I111111111I11111I1 111111 111111111111111111111I11111111111111/111111111
. ,.. .
EXHIBIT .~
(PORTION TO BE CONVEYED TO THE CITY OF BREMERTON)
That portion of Lots 6 and 7, Tract 6 of the plat of Warren Smith's Acre Tracts, as
recorded in Volume 2 of Plats, page 51, described as follows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88027'27" East along the
centerline of said 16th Street a distance of 251.26 feet; thence North 1032'33" East
30.00 feet to the North right-of-way margin of said 16th Street and the True Point of
Beginning; thence North 88027'27" West along said right-of-way margin a distance of
190.94 feet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point of said curve bears North 39035'24" East; thence
northwesterly (clockwise) along said curve an arc distance of 43.01 feet through a
central angle of 12019'17" to the East right-of-way margin of said Chester Avenue;
thence North 1 006'30" East along said right-of-way margin a distance of 126.40 feet to a
point on a curve, concave to the Northeast, having a radius of 155.00 feet from which
the radius point of said curve bears South 88053'27" East; thence southeasterly
(counterclockwise) along said curve an arc distance of 237.48 feet through a central
angle of 87047'01"; thence South 86025'23" East 72.54 feet to the True Point of
Beginning.
BREMERTON CITY OF
Ordinance Rec Fee: $ 47.00 Page. 6 of 6
09/08/2008h02:~~nPMKitsap Co Auditor .
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200809080171
WHEN RECORDED RETURN TO:
City of Bremerton
Engineering -- Streets & Roads
c/o Citv Clerk
345 6th"Street. Suite 600
Bremerton. Washington 98337
BREMERTON CITY OF 200808200018 5
Deed Reo Fee: $ 46,00 Page: 1 of
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Grantor:
CL...Ls /\J &~-l ~-
Sbc-r/
-' -----
Grantee:
City of Bremerton
That portion of 16th Street lying within Lots 6 and 7, Tract 6 of
the plat of Warren Smiths Acre Tracts, as recorded in Volume
2 of Plats, page 51, as described in Exhibit A
Abbreviated Legal Description:
Additional Legal Description on Exhibits A & C of Document.
, 3804-006-001-0909
Assessor's Tax Parcel [0 ~o.
ST A TUTORY WARRANTY DEED
]>roject:_~I~rnPic College Campus Entry
The Grantor. {t.~-j-l/;> /0 f~......t ~~ 'S'Q{ Ie. for and in consideration of
the sum ofTen and NOll 00 ($ 1 0.00) Dollars. and other valuable consideration. receipt of which is
hereby acknowledged. conveys and warrants to the CITY OF BREMERTOl\'. a Washington
municipal corporation. and its successors and assigns. the following described real property situated
in Kitsap COUllty. Washington:
For legal description and any additional conditions
See Exhibit A attached hereto and made a part hereof.
Page I of 3
Statutory Warranty Deed
KITSAP COUNTY TREASURER EXCISE
Tot.al : $10.00
09/20/2008 Cj__
'--/ t
Clerk's Init.ial _____________
2008EX04837
To have and to hold the above described real property forever.
It is understood and agreed that the delivery of this deed is hereby tendered and that the terms
and obligations hereof shall not become binding upon the City of Bremerton unless and until
accepted and approved hereon in writing for the City of Bremerton by the Director of Public Works
& Ctilities
The grantors hereby covenant that they are the o\vner in iee simple and the property is free of
all liens and encumbrances. except any right title. easement, or encumbrance of record, they have
good and legal right to convey the real property above-described and they \\ill pay all taxes and
assessments due and owing on the property.
GRA~TOR:
/y} /) 'If ~ /J
{ /Evt JJ:L.d- / L ~ / (' tl/.(~
!?~t'{, /;i/'t' t~L/~ ctVt/
sJjc- Ie
DATE: s-f,9jCR
Page :2 of 3
Statutory Warranty Deed
BREMERTON CITY OF 200808200018
Deed Reo Fee: $ 46.00
08/20/2008 10:07 ~M
Walter Washington, Kitsap Co ~uditor Page. 2 of 5
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SlATE OF \V ASHINGTON )
~~ ) ss.
COUNTY OF KITSAI' )
On this Iq+\- day of. fJ\~_. 200~. before mea Notary Public in and for the State
of Washington. personally appeared ~l.ts N ,Ea....r\ . to me known to be the
~LA.tV'(, ~ ofS:i:r 'imnlFO.~~'1.~Y<4.T~CDIr:.~ a Washington corporation that executed the
foregoing instrument. and acknowledged It to be the tl'ee and voluntary act of said corporation. for the
uses and purposes mentioned in this instl1lmenL and on oath stated that they were authorized to execut~
said instrument.
I"J \\1ThESS WHEREOF. I have hereunto set my hand and official seal the day and year first
above written.
_~~~L
Amo .-,da L /5unc/,
~OTARY PCBUC. in and for the State
of Washington. residing at () {ywcptO-
My appointment expires J~-/t/.-Ih
(-c
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.200B
Accepted on behalfofthe City of Bremelton this
APPROVED AS TO FORM:
R iER A. LUBOVICH
City Attorney
R:' Legal ,I,egal' Forms',Public Work:;
day of
. YfER TON
/1- /
b' // /,- /J' <1>t//,------
y -~ .'
PhW illiams. Director
Public Works & Ltilities
Page 3 of 3
Statutory Warranty Deed
BREMERTON CITY OF 20080
Deed Rec Fee: $ 46 00 8200018
08/20/2008 10:07 AM
Walter Washington Kitsap Co A d't Page 3 of 5
111111/1111111'" 1111I1I1I1 I111 1111111111111 1111 11I1 IIIIII/lli "Iii/I 11/11111 11"1 111111111/111
EXHIBIT A
(PORTION TO BE CONVEYED TO THE CITY OF BREMERTON)
That portion of 16th street lying within Lots 6 and 7, Tract 6 of the plat of Warren Smith's
Acre Tracts, as recorded in Volume 2 of Plats, page 51, described as follows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88027'27" East along the
centerline of said 16th Street a distance of 251.26 feet; thence North 1032'33" East
30.00 feet to the North right-of-way margin of said 16th Street and the True Point of
Beginning; thence North 88027'27" West along said right-of-way margin a distance of
190.94 feet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point of said curve bears North 39035'24" East; thence
northwesterly (clockwise) along said curve an arc distance of 43.01 feet through a
central angle of 12019' 17" to the East right-of-way margin of said Chester Avenue;
thence North 1006'30" East along said right-of-way margin a distance of 126.40 feet to a
point on a curve, concave to the Northeast, having a radius of 155.00 feet from which
the radius point of said curve bears South 88053'27" East; thence southeasterly
(counterclockwise) along said curve an arc distance of 237.48 feet through a central
angle of 8r47'01"; thence South 86025'23" East 72.54 feet to the True Point of
Beginning.
BREMERTON CITY OF 200808200018
Deed Reo Fee: $ 46.00
08/20/2008 10:07 ~M . Page: 4 of 5
Walter Washlngton, Kltsap Co ~uditor
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Campus Entry - Phase 1
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Right-of-Way Exhibit C
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REAL ESTATE EXCISE TAX AFFIDAVIT
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back oflast page for instructions)
If multi Ie owners list
It~venue
, ':~,
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P-IE-
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Send all property tax correspondence to: 0 Same as Buyer/Grantee
Name
Mailing Address
City/State/ZIp
Phone No. (mcluJmg area code)
\
This form is your receipt
P-I
~ ~ Mailing Address 345 6th Street, Suite 600
~ ~ City/State/Zip Bremerton, WA 98337
Phone No. (including area code) (360) 473-2354
List all real and personal property tax parcel account
numbers - check box if personal property
List assessed val ue( s)
3804-006-001-0909
n
n
o
-D
II Street address of property: Olympus College Campus Entry
This property IS located in t3".::n..:::rt"ll
o Check box if any of the listed parcels are being segregated from a larger parceL
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
'SEE INSTRUCTIONS
, I CERnFY IINDER PENALTY OF PERJURY TlL" THE FOREC.OING IS TR1=lUlliCT; 1I1i
Sigoo"" of ~ At ~ Sigo'"", of . <jj;l,
Grantor or Grantor's Age ~~ r... Grantee or Grantee's Agent If
Name (print) BA.z.1'3A Name (print) Gunnar Fridriksso
Date & city of signing: 7/14 /tDg - g~~--r~J .,j~ Date & city of signing: 7/14/08 - Bremerton, WA
Select Land Use Code s :
45 . Hinh',,'.,ay and street riqht of way
enter any additional codes:
(See back of last page for instructions)
Is tillS property exempt from property tax per chapter
84.36 RCW (nonprofit organization)?
YES NO
o 0
YES
Is this property designated as forest land per chapter 84.33 RCW? 0
Is this property classified as current use (open space, funn and 0
agricultural, or timber) land per chapter 84.34?
Is this property receiving special valuation as historical property 0
per chapter 84.26 RCW?
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST lAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, farm and agriculture, or timber)
land, you must sign on (3) below. The county assessor must then determine
if the land transferred continues to qualifY and will indicate by signing below.
If the land no longer qualifies or you do not wish to continue the designation
or classification, it will be removed and the compensating or additional taxes
will be due and payable by the seller or transferor at the time of sale. (RCW
84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact
your local county assessor for more infonnation.
This land 0 does 0 does not qualifY for continuance.
DEPUTY ASSESSOR
DATE
(2) NOTICE OF COMPLIANCE (lllSIDRIC PROPERlY)
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. If the new owner(s) does not wish to continue, all
additional tax calculated pursuant to chapter 84.26 RCW, shall be due
and payable by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling
pnce.
NO
o
o
If claiming an exemption, list WAC number and reason for exemption:
WAC No. (Section/Subsection) 458-61A-205(4)
o
Reason for exemption
Type of Document Statutory Warranty Deed
Date of Document 6/2/08
Gross Selling Price $
*Personal Property (deduct) $
Exemption Claimed (deduct) $
Taxable Selling Price $
Excise Tax: State $
L ~C65() J Local $
* Delinquent Interest: State $
Local $
'Delinquent Penalty $
Subtotal $
*State Technology Fee $
'Affidavit Processing Fee $
Total Due $
0.00
0.00
0.00
0.00
5.00
10.00
Perjury: PerjUl)' is a class C felony which is punishable by imprisorunent in the state correctional institution for a maximum term of not more than five years, or by
a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisorunent and fine (RCW 9A.20.020 (I C)).
REV 84 000 I e (5/28/08) THIS SPACE - TREASURER'S USE ONLY T AXP A YER
'-f-~37
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EXHIBIT A
(PORTION TO BE CONVEYED TO THE CITY OF BREMERTON)
That portion of 16th street lying within Lots 6 and 7, Tract 6 of the plat of Warren Smith's
Acre Tracts, as recorded in Volume 2 of Plats, page 51, described as follows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88027'27" East along the
centerline of said 16th Street a distance of 251.26 feet; thence North 1032'33" East
30.00 feet to the North right-of-way margin of said 16th Street and the True Point of
Beginning; thence North 88027'27" West along said right-of-way margin a distance of
190.94 feet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point of said curve bears North 39035'24" East; thence
northwesterly (clockwise) along said curve an arc distance of 43.01 feet through a
central angle of 12019'17" to the East right-of-way margin of said Chester Avenue;
thence North 1 006'30" East along said right-of-way margin a distance of 126.40 feet to a
point on a curve, concave to the Northeast, having a radius of 155.00 feet from which
the radius point of said curve bears South 88053'27" East; thence southeasterly
(counterclockwise) along said curve an arc distance of 237.48 feet through a central
angle of 8r47'01 "; thence South 86025'23" East 72.54 feet to the True Point of
Beginning.
\
)
~, ****************************************
r~fI5lJPLICATE DUPLICATE DUPLICATE DUPLICATE
i CITY OF BREMERTON
FINANCE DEPARTMENT
345 Sixth Street Ste. 600
:"Bremerton, WA 98337-1873
****************************************
-~' Reg# # /Rcpt#: 005-00019454 [ MOIRA ]
Accounting Date: Thu, May 22, 2008
~- Dhein rile ;--Thu, ~lay 22, 2008 1: 46 PM
' ***i************************************
~8702\MISCELLANEOUS REVENUE
REF #: STREET VACATION
FEE AMOUNT: $74,160.00
----------------------
RECEIPT TOTAL - $74,160.00
****************************************
~,
Payment Data: .
Pmt# ;'1
Payer; OLYMPIC COLLEGE/RON EASTERDAY
Method: CK
Ref#: 184144 "
. AMOUNT =' $74,160.00
*~**************************************.
RECEIPT SUMMARY ~
****************************************
TOTAL TENDEg~D,_ = $74,160.00
RECEIPT TOTAL"" = $74,160.00
------------------
CHANGE DUE = ;, $0.00
****************************************
HAVE A 'NICE DAY!
****************************************
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PUBLIC WORKS & UTILITIES
Engineering Division
April 24, 2008
Olympic College
c/o Charles N. Earl
1600 Chester Avenue
Bremerton, WA 98337
Re: Completion of Vacation of Portion of 16th Street and Chester Avenue
Dear Mr. Earl:
City Council approved your vacation on April 2, 2008. To complete the vacation, the Council
Ordinance for the vacation is to be recorded with Kitsap County along with a deed transferring
the fee title portion of the street right-of-way from the City to Olympic College.
However, before this can be completed, the following conditions set by Council need to be met:
· Compensation for the vacation is to be received by the City. Payment would be to the
City Clerk and needs to reference the vacation. The Clerk will notify this department
once payment has been received.
· Conveyance of the new right-of-way to the City. A copy of the City's form for this
transfer is included. If you wish an electronic copy, please contact me.
Once these items are completed, the ordinance and transfer deed will be recorded. If you have
any questions or need additional information, please feel free to contact me at 360.473.2354 or
qunnar. fridriksson@ci.bremerton.wa.us.
nnar Fridriksson, P.L.S., P.E.
Civil Engineer II
gf/aw
enc.
cc: Larry Matel, P.E., Managing Engineer-Transportation
Roger A. Lubovich, City Attorney
Carol Etgen, City Clerk
Ron Easterday, Rice Fergus Miller Architecture and Planning
File
0408-34
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UTILITIES
All private utility companies were contacted. Owest will retain an easement, along with
the City of Bremerton for the existing telephone lines and City sewer, storm sewer and
water utilities. Easements may be released upon arrangements made. for _ utility
relocations. . -.
, -
The existing street monument will need to be maintained, or replacements for the
monument set and recorded. Proper documentation for work with the monument will be
0,./
filed with the Washington State Department of Natural Resources and the City of -~;
Bremerton.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSA liON
-::'1'....'
This vacation is a combination of Class I and Class" right-of-way as defined in City of
Bremerton Ordinance 4664. The Class I right of way is 9,500 square feet and the Class
11 right of way is 3,580 square feet. The College will convey 5,110 square feet for the
improvement, so that only 4,390 square feet will be included in the vacation.
Class I Right of Way
Class II Right of Way
4,390 sq.ft. x $12/sq.ft.
3,580 sq.ft. x (0.5) x $6/sq.ft.
TOTAL
=$52,680
=$21 .480
$74,160
Olympic College has requested the City to waive compensation and fees for this
vacation in accordance withBMC 11.20.140(E). Staff cannot support this request and
compensation should be required. .
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested once
compensation and the new roadway dedication has been completed.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 3 of 5
DATE SUBMITTED: March 19, 2008
BILL# 0 B - 08 'J-
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
........................................................................................
SUBJECT: HEARING AND
ORDINANCE #5~ S V ACA TING A
PORTION OF 16NSTREET AND
CHESTER AVENUE
Committee Meeting Date: March 26, 2008
COUNCIL MEETING Date: April 2, 2008
Department: PW &U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The College wishes to revise the intersection of 16th Street and Chester Avenue as it is
the main entrance to the school. As such, the College has petitioned the City of Bremerton to vacate
portions of Chester Avenue and 16th Street. Part of the upgrade will include the College conveying a
portion of property to the City for the revised roadway.
ATTACHMENTS: 1.) Ordinance #So4f5; 2.) Aerial Exhibit; and 3.) Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): The compensation for the vacation is $74,160 (net
of new dedicated property).
APPROV ALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
--
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 0
GENERAL BUSINESS 0
PUBLIC HEARING
RECOMMENDED MOTION:
Move to pass Ordinance #561{S' vacating a portion of 16th Street and Chester Avenue.
COUNCIL ACTION: 'APprove
D Deny D Table
o Continue D No Action
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COUNCIL EXHIBIT
FOR VACATION OF
16TH/CHESTER FOR
OLYMPIC COLLEGE
CITY OF BREMERTON
02/08 - G.F./S.J.
STREET VACATION REQUEST AND WAIVER OF COMPENSATION FOR
PORTIONS OF CHESTER AVENUE AND 16TH STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
April 2,2008
Gunnar Fridriksson
SUMMARY
Applicant: Olympic College
c/o Charles N. Earl
1600 Chester Avenue
Bremerton, WA 98337
Location: Portions of Chester Avenue, from intersection with 16th Street
approximately 110 feet northerly, and portions of 16th Street, from
intersection with Chester Avenue approximately 130 feet easterly thereof
BACKGROUND
The intersection of Chester Avenue and 16th Street is the main entrance to Olympic
College. The College wishes to upgrade the intersection to improve the functionality
and appearance of the entrance. As such, the College has petitioned the City of
Bremerton to vacate portions of Chester Avenue and 16th Street. Part of the upgrade
will include the College conveying a portion of property to the City for the revised
roadway. The College has also requested the City to waive any remaining
compensation and fees as part of this vacation.
Part of Chester Avenue was dedicated with the plat of Warren Smith's Acre Tracts (Vol.
2, of the book of plats Pg. 51) and the plat of Boe's 1st Addition to Bremerton (Vol. 6, of
the book of plats Pg. 28). The majority of the vacation request on both Chester and 16th
were purchased by the City by Warranty Deeds recorded under Kitsap County Auditor
File #583276 and #131289 in 1953 and 1926, respectively.
RIGHT OF WAY CONDITIONS
· Functional Classification
· Existing R-O-W Width
· Proposed R-O-W Width
. Pavement Width
Local Access
60 feet (Chester and 16th)
45 feet
42 feet (16th)
35 feet (Chester)
Asphalt
Yes
. Surface Type
· Curb and Gutter
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 1 of 5
. Sidewalks
Yes
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:
Public use of the intersection and portions of Chester and 16th will remain, but re-
routed.
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:
The improvements 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:
The new thoroughfare will be of better use to the public.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
Public use of the area will remain in the future.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
Olympic College is the only abutting property owner.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 2 of 5
UTILITIES
All private utility companies were contacted. Qwest will retain an easement, along with
the City of Bremerton for the existing telephone lines and City sewer, storm sewer and
water utilities. Easements may be released upon arrangements made for utility
relocations.
The existing street monument will need to be maintained, or replacements for the
monument set and recorded. Proper documentation for work with the monument will be
filed with the Washington State Department of Natural Resources and the City of
Bremerton.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
This vacation is a combination of Class I and Class II right-of-way as defined in City of
Bremerton Ordinance 4664. The Class I right of way is 9,500 square feet and the Class
II right of way is 3,580 square feet. The College will convey 5,110 square feet for the
improvement, so that only 4,390 square feet will be included in the vacation.
Class I Right of Way
Class II Right of Way
4,390 sq.ft. x $12/sq.ft.
3,580 sq.ft. x (0.5) x $6/sq.ft.
TOTAL
=$52,680
=$21 .480
$74,160
Olympic College has requested the City to waive compensation and fees for this
vacation in accordance with BMC 11.20.140(E). Staff cannot support this request and
compensation should be required.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested once
compensation and the new roadway dedication has been completed.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 3 of 5
'-::.:..,.--
Looking southerly along Chester Avenue to 16t Street.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 4 of 5
~rwv1ff&i"f'il!lj"""1~
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Looking northeasterly from existing college entrance to Chester and 161 .
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 5 of 5
RESOLUTION NO. 3047
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of 16th Street and Chester Avenue.
WHEREAS, Olympic College has initiated the vacation to be able to re-construct
the main entrance into the campus; 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 April 2, 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
d 0#1 day
,
APPROVED AS TO FORM:
ATTEST:
RO ER A. LUBOVICH, City Attorney
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rAROL ETGEN, City CI
R:\Legal\Legal\Resolutions\Public Works\Vacation healing - Olympic College.doc
1
Olympic College Entrance at 16tll and Chester - Resolution
06-- 035
DATE SUBMITTED: February 6, 2008
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: RESOLUTION NO. 3Qi7TO
ESTABLISH APRIL 2,2008 AS A
HEARING DATE TO VACATE A
PORTION OF 16TH STREET AND
CHESTER AVENUE
Committee Meeting Date: February 13, 2008
COUNCIL MEETING Date: February 20, 2008
Department: Engineering
Presenter: Mike Mecham
Phone: 473-5288
SUMMARY: The College wishes to revise the intersection of 16th Street and Chester Avenue as it is
the main entrance to the school. As such, the College has petitioned the City of Bremerton to vacate
portions of Chester Avenue and 16th Street. Part of the upgrade will include the College conveying a
portion of property to the City for the revised roadway.
ATTACHMENTS: 1.) Resolution NoJo47; 2.) Aerial Exhibit; 3.) Staff Report
FISCAL IMPACTS (Include Budgeted Amount): The compensation for the vacation is $74,160.
APPROVALS: ~
DEPARTMENT DIRECTOR:' _ <'
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Resolution No. 3ni1 setting a hearing date of April 2, 2008, for vacating a portion of
16th Street and Chester Avenue. ..
COUNCIL ACTION: ~rove 0 Deny D Table
D Continue D No Action
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V)
COUNCIL EXHIBIT
FOR VACATION OF
16TH/CHESTER FOR
OLYMPIC COLLEGE
CITY OF BREMERTON
02/08 - G.F./S.J.
STREET VACATION REQUEST AND WAIVER OF COMPENSATION FOR
PORTIONS OF CHESTER AVENUE AND 16TH STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
April 2, 2008
Gunnar Fridriksson
SUMMARY
Applicant: Olympic College
c/o Charles N. Earl
1600 Chester Avenue
Bremerton, WA 98337
Location: Portions of Chester Avenue, from intersection with 16th Street
approximately 110 feet northerly, and portions of 16th Street, from
intersection with Chester Avenue approximately 130 feet easterly thereof
BACKGROUND
The intersection of Chester Avenue and 16th Street is the main entrance to Olympic
College. The College wishes to upgrade the intersection to improve the functionality
and appearance of the entrance. As such, the College has petitioned the City of
Bremerton to vacate portions of Chester Avenue and 16th Street. Part of the upgrade
will include the College conveying a portion of property to the City for the revised
roadway. The College has also requested the City to waive any remaining
compensation and fees as part of this vacation.
Part of Chester Avenue was dedicated with the plat of Warren Smith's Acre Tracts (Vol.
2, of the book of plats Pg. 51) and the plat of Boe's 1st Addition to Bremerton (Vol. 6, of
the book of plats Pg. 28). The majority of the vacation request on both Chester and 16th
were purchased by the City by Warranty Deeds recorded under Kitsap County Auditor
File #583276 and #131289 in 1953 and 1926, respectively.
RIGHT OF WAY CONDITIONS
. Functional Classification
. Existing R-O-W Width
. Proposed R-O-W Width
. Pavement Width
Local Access
60 feet (Chester and 16th)
45 feet
42 feet (16th)
35 feet (Chester)
Asphalt
Yes
. Surface Type
· Curb and Gutter
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 1 of 5
. Sidewalks
Yes
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:
Public use of the intersection and portions of Chester and 16th will remain, but re-
routed.
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:
The improvements 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:
The new thoroughfare will be of better use to the public.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
SlaffPosition:
Public use of the area will remain in the future.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
Olympic College is the only abutting property owner.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 2 of 5
UTILITIES
All private utility companies were contacted. Qwest will retain an easement, along with
the City of Bremerton for the existing telephone lines and City sewer, storm sewer and
water utilities. Easements may be released upon arrangements made for utility
relocations.
The existing street monument will need to be maintained, or replacements for the
monument set and recorded. Proper documentation for work with the monument will be
filed with the Washington State Department of Natural Resources and the City of
Bremerton.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
This vacation is a combination of Class I and Class II right-of-way as defined in City of
Bremerton Ordinance 4664. The Class I right of way is 9,500 square feet and the Class
II right of way is 3,580 square feet. The College will convey 5,110 square feet for the
improvement, so that only 4,390 square feet will be included in the vacation.
Class I Right of Way
Class II Right of Way
4,390 sq.ft. x $12/sq.ft.
3,580 sq.ft. x (0.5) x $6/sq.ft.
TOTAL
=$52,680
=$21 ,480
$74,160
Olympic College has requested the City to waive compensation and fees for this
vacation in accordance with BMC 11.20.140(E). Staff cannot support this request and
compensation should be required.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested once
compensation and the new roadway dedication has been completed.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 3 of 5
Looking southerly along Chester Avenue to 16t Street.
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 4 of 5
.{.i':.-;'" ;;:f~--:.".,.:~"".; J" .
Looking northeasterly from existing college entrance to Chester and 16t .
February 2008
Portions of Chester Avenue and 16th Street Vacation
Page 5 of 5
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OLYMPIC COLLEGE
1600 Chesler Avenue, Bremerton, WA 98337 - 1699
360.792.6050 - Fox: 360.475.7151 - www.olympic.edu
February II, 2008
Gunnar Fridriksson, PLS, PE
City of Bremerton
Public Works and Utilities and Engineering Division
3027 Olympus Drive
Bremerton, W A 98310
RE: Final Staff Report: Vacation of a portion of 16fh Street and Chester Avenue
Dear Mr. Fridriksson:
We are in receipt of the final staff report and cover letter concerning the vacation of a portion of
16th and Chester Avenue requested by Olympic College dated February 6, 2008. This request is
to allow an upgrade to the intersection of the two streets, improving functionality and
appearance through realignment and construct a new campus entry drop-off lane and entry
plaza.
We have reviewed the six Hearing Considerations outlined in the report and concur with the
staff findings. The only exception we take to the report is the requirement for compensation.
We respectfully request the Council consider a waiver of the $74,160 in compensation identified
in the report in accordance with BMC 11.20.140 (E).
The reason for waiving the compensation for loss of City right-of-way area is quite
simple: The project is in the "public's interest and advantage", in accordance with
Brernerton Municipal Code. The public will receive a new roadway, sidewalks, and
street lighting free of cost. The City will also have less surface area to maintain in the
future, saving taxpayer dollars.
The City currently has a public right-of way that connects 16th Street to Chester Avenue.
The roadway is aged and ready for repairs. The public sidewalk on the north and east
sides are far from meeting accessibility standards, and handicapped accessible curb
ramps are 'non-conforming where they exist at all. In addition, the current sb'eet lighting
does not meet current Public Works standards.
RECEIVED
FEB 1 2 2008
ENGINEERIN@_~IVISION
At the completion of the project, the public will receive a new roadway that connecting
16th Street to Chester Avenue with over 4,900 square feet less pavement to maintain in
the future, plus new street lighting that meets City standards.
The public will also benefit from 670 linear feet of new, accessible sidewalks plus four
new handicapped accessible curb ramps at the intersection of 16th Street and Broadway
Avenue. The City will also have 50 linear feet less sidewalk to maintain.
The College, with State assistance, is providing all funds for design, engineering, and
construction -- over $ 25 million dollars. The College will also pay the City all required
plan review and inspection fees.
TI1e College is not requesting any direct funds from the City for this project.
The proposed new campus entry project is not required by any City mandate. It is
offered as a fully funded infrastructure improvement for use by the citizens of
Bremerton and students of Olympic College.
The College is prepared to provide a covenant stating that the City shall be compensated
for the vacated area at the time of any future sale or lease of the property, in accordance
with BMC 11.20.140. (E).
Thank you for your assistance in this process. Please confirm the tentative date for the first
hearing at City Council of February 13, 2008.
Sincerely,
p~~
Barbara M. Martin
Vice President for Administrative Services
Olympic College
Gunnar Fridricksson, City of Brernerton
Page 2
February 11,2008