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HomeMy WebLinkAbout4847 BRE~RTON CITY OF ORO ~3.88 Kitsa~ Co, ~R Return Address: Bremerton City Clerk 239 4111 Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4847 R~femnce Number(s) of Documents am~lgned or released: Grantor(s): 1. City of Bremerton [~ Additional names on page of document. Omnt~e): 1. City of Brc~nerton [] Additional names on page of document. LeGal Description: A portion of Second Street in the Plat of thc Town of Bremcrton, as recorded in Volume 2 of (abbreviated) plats, Page 30, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M. [] Additional legal is on page of document. A~em~or~8 Properb/T~x ParceUAccount Number: N/A AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of 2nd Street East of Washington Avenue in the City of Bremerton. WHEREAS, the City has initiated the vacation ora portion of 2nd Street East of Washington Avenue; and WHEREAS, the City passed resolution number 2879 declaring its intention to vacate a portion of 2nd Street, which resolution also set a hearing to take public commem 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 December 11, 2002, in the City Council Chambers of the Bremerton City Hall to take public commem or consider written objections to the vacation; and WHEREAS, the City Council finds that this vacation is sought to enable the City to implement a plan: adopted by Ordinance Nos. 4828, 4829 and 4830, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to he vacated abut, had the properties included in the plan not been vacated; and WHEREAS, the portion of the street being vacated is abutted on each side by City owned property or by City Right-of-Way, which will result in the City retaining ownership of the vacated property; 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 L The foregoing recitals are incorporated as if fully set forth herein. 1 Street Vacation- 2~d Street BR£M£RTOH CITY OF ORB $~3,8~ Ki'~$a~ Co, SECTION2. That portion of 2nd Street, lying east of Washington Avenue 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. SECTION 3. Reservation of Easement~. a. An easement is rescwved for the City of Bremerton, Public Works and Utilities Department for operation, maintenance and repair of water lines and streets over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas, Quest Communications and Puget Sound Energy for operation, maintenance and repair of gas, telecommunication and power lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTIONS. Severabili_ty. If any one 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. S~CTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days fi.om and after its passage, approval and publication as provided by law. APPROVED by the City Council the ,.~t':~.~ day of ~/~d_,~,, ,~g ~ j~, ,2003. PASSED by the City Council the /,a~[~ dayof ~-~Jf~Le~ ,2003. ent Approved this ~ day of ~Tt~,~ 2003. 2 Street Vacation- 2ndStreet BR£M£RTON CITY OF ORD ~3,88 Kitsap Co, Wfl ATTEST: //~ . APPROVED AS TO FORM: KATI, IL-I~EI~ ~t~Li, JS~2~, Citv~ler~// ~GER A~OVICH, Cit~ // PUBLIS~the~ ~y of ~ ,2003. EFFEC~ ~e ~day of ~a~ ~ * ,2003. O~CE NO. ~ ~ R:~EG~di~nd S~t v~fim, doc BR£M£RTON CITY OF ORD S~3,g0 Kitsap Co, ~iR 3 Street Vacation- 2~d Street EXHIBIT A Legal Description of Vacation A vacation of a portion of Second Street in the Plat of the Town of Bremerton, as recorded in Volume 2 of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3 of Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more particularly described as follows: Beginning at the northwest comer of Lot 9, Block 2 of said Plat of the Town of Bremerton, also being at the intersection of the southerly fight of way of said Second Street and the easterly right of way of Washington Avenue; thence along the northerly line of said Lot 9 and the southerly fight of way of Second Street 24.22 feet to the Tree Point of Beginning; thence northeasterly, leaving said northerly line at a perpendicular 10 feet; thence southeasterly parallel to said southerly right of way 141.10 feet; thence southwesterly, perpendicular to said southerly right of way, 10 feet to said southerly right of way; thence no~hwesterly along said southerly right of way 141.10 feet to the Tree Point of Begianing. Consisting of 1,411 square feet. BRE~ERTON CITY O~ ORB ~!3.81~ Kitzap Co, llA 4 Street Vacation- 2nd Street AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100045381 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: February 21, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $35.61 amount has Cot been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 28, 2003 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4847' AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a potion of 2nd Street East of Washington Avenue in the City of Bremerton.- APPROVED by the City Council the 29th day of January, 2003.- PASSED by the City Council the 12th day of February, 2003.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- February 21, 2003- · #100045381-