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HomeMy WebLinkAbout4862 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the southerly six feet of East 31st Street between Olympus Drive and Saunders Avenue in the City of Bremerton. WHEREAS, the City has initiated the vacation of the southerly six feet of East 31st Street between Olympus Drive and Sannders Avenue in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2893 declaring its intention to vacate the southerly six feet of East 31st Street between Olympus Drive and Saunders Avenue, which resolution also set a hearing 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 July 9, 2003, 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 finds that this vacation is sought to provide adequate area for fire station expansion; 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 arc incorporated as if fully set forth herein. SECTION2. The southerly six feet of East 31st Street between Olympus Drive and Saunders 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 including any and all easements contained therein. 1 Street Vacation - 31~'t Street 200308200053 DREMERTOH CITY OF ORD ~2~0 Kitsap Co, ~R SECTION 3. Reservation qf Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for operation, maintenance and repair of sewer lines over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTIONS. Severabilitv. 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. SECTION 6. E_[Tective 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 by the City Council the~d~ day of ~ ,2003. PASSED by the City Council the j~__~ day of~ ,2003. CAROL ARENDS, Council President Approved this ~ day of (~.tJ~_~ ,2 ZEM-AN, r ATTEST: APPROVED AS TO FORM: I;~ILEgfldOLUSKEg, City~(~lerlg/ UBOVICH, City Attome~-) PUBLISHED the~ day of (,{.~..t.J~-, ,2003. EFFECTIVE the ~Z~z day of %.Y,~,~'~,. , 2003. ORDINANCE NO. 2 Street Vacation - $1st Street BREHERTON CITY OF ORD EXHIBIT A That portion of the Northeast quarter of the Northwest quarter of Section 12, Township 24 North, Range 1 East, Willamette Meridan, situate in Kitsap County, Washington, more particularly described as follows: The southerly 6 feet of East 31st Street from Olympus Drive to Sanders Avenue, as dedicated to the City of Bremerton by Bremerton School District No. 100-C on February 14, 1952 per Auditor File Number 555529. Together with easements to the City of Bremerton and Puget Sound Energy for utilities. East 31`t Street Vacation Legal Description BREMERTON CITY OF ORD ~2.88 Kidnap Co, NR AFFIDAVIT OF PUBLICATION No. Ad # 100065786 STATE OF WASHINGTON COUNTY OF KrrsAP I, Robin Alexander, 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 ail of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; July 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 $32.51 which amount has not been paid in full. 40~ ~{/~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 29, 2003. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4862' AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the southerly six feet of East 31st Street between Olympus Drive and Saunders Avenue in the City of Bremerton.- APPROVED by the City Council the 9th day of July, 2003- PASSED by the City Council the 16th day of July, 2003- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- July 21, 2003-#100065786- 08/28728FJ3 09=48F~ BR£M£RTON CITY OF ORD ~200 Kitsap Co, HA Return Address: City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 4862 Reference Numbers) of Documents assigned or ml~a~: Omntoz(s): I. City of Bremerton [] Additional names onpage of document. Orantse(s): 1. City of Bremerton [~ Additional names onpage of document. Legal Descrt~Uon: Portion of the NE Qtr. of the NW Qtr. of Sec. 12, T 24 N, RIE, W.M. (abbreviated) [] Additional legal is on page 3 of Ordinance of document. Assessor's Property Tax Parcel/Account Number: 122401-2-028-2007