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Home My WebLink About4912 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues and further reserving easements for utilities within the vacated area. WHEREAS, the City received a petition to vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues in the City of Bremerton, and WHEREAS, the City passed Resolution No. ~qq'o3_ declaring its intention to vacate a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues, 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 October 20, 2004, 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 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 I. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. A portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues 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 owner ("Property Owner") including any and ail easements contained therein. 1 Street Vacation- Alley 15th Street, Broadway Ave 8R£MERTON CITY OF ORD $83.88 Kitsap Co, W8 SECTION 3. Easements. The granting of this vacation is subject to and conditioned upon the following: a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and/or repair of City utilities and appurtenances over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas for operation, maintenance and/or repair of gas lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Puget Sound Energy for operation, maintenance and/or repair of electrical facilities and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Qwest for operation, maintenance and/or repair of telecommunication cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. e. Improvements within Easement. Property Owner shall maintain the area over, under and upon the easement in a condition so as not to interfere with the ability of the City and other grantees of the easement(s) herein ("Grantee") from constructing, operating, maintaining and/or repairing their utilities. Any and all improvements placed or constructed within the easement by the Property Owner shall be at the Property Owner's sole risk and responsibility. Property Owner shall, within thirty (30) days of request of Grantee, remove, and thereafter replace, at Property Owners cost and expense any such improvements interfering with Grantees ability to construct, operate maintain and/or repair its utilities. No notice is required in the event of an emergency situation. Should Property Owner fail to re~nove said improvements as requested or in the event of an emergency, Grantee may remove the improvements at the Property Owner's cost and expense. SECTION 4. Additional Conditions. The granting of this vacation is further subject to and conditioned upon the following: a. Property Owner shall dedicate Broadway Avenue between 15th and 16th Streets for public use. b. Property Owner shall dedicate a public access easement between the existing alley and Broadway Avenue. SECTION $. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severability. 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. 2 Street Vacation - Alley 15th Street, Broadway Ave BR£MERTON CITY OF ORD ~.@~ Kitsap Co, ~R 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 by the City Council the~ day of (c, ff~g~/~J ,2004. PASSED by the City Council the_~L~.~ day of ffwff~ .2004. DAREN NYGREN, (~un~il President Approved this ~ day of ~Q, _at-t_~ ,2004~.D~.~.. L ATTEST: APPROVED AS TO FORM: P~LA JbISIN~T~O'I~, City'derk P~OGER A. LUB~tomey PUBLISHED the ~ day of ,~ ,2004. EFFECTIVE the/,~{a day of ~o-~,~-6~ J ,2004. ORDINANCE NO. qqly,~ L RSLEGAL\OrdinancesXPublic Works & UtilitiesWacafion - Olympic College.doc 3 Street Vacation - Alley 15th Street, Broadway Ave BREMERTON CITY OF ORD ~3,08 Ki~sap Co~ Nfl EXHIBIT A THAT PORTION OF LOTS 1, 2 AND 3 OF TRACT 6 AND LOT 5 OF TRACT 7 OF WARREN SMITH'S ACRE TRACTS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, AND OF THAT PORTION OF 15TM STREET LYING WITHIN A STRIP OF LAND 14 FEET IN WIDTH, THE EAST LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 144.38 FEET NORTH 88°26'26" WEST OF THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 01°05'14'' WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 3, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF THE PLAT OF JOHN ROLSTADT'S, 1sT ADDN. TO BREMERTON AS RECORDED IN VOLUME 4 OF PLATS PAGE 38; THENCE NORTH 88°25'55'' WEST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET TO THE NORTHWEST CORNER OF LOT 1 OF SAID PLAT OF JOHN ROLSTAD'S, SAID POINT ALSO BEING THE NORTHEAST CORNER OF ALLEY IN SAID PLAT; THENCE SOUTH 01°05'14" WEST ALONG THE EAST LINE OF SAID ALLEY A DISTANCE OF 127.17 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID PLAT OF JOHN ROLSTADT'S, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 2 OF TRACT 6; THENCE SOUTH 88°24'54, EAST ALONG SAID NORTH LINE A DISTANCE OF 2.00 FEET; THENCE SOUTH 01005'14' WEST A DISTANCE OF 63.59 FEET TO THE SOUTH LINE OF SAID LOT 2 OF TRACT 6; THENCE NORTH 88°24'23'' WEST ALONG SAID LINE A DISTANCE OF 2.00 FEET; THENCE SOUTH 01°05'14" WESTA DISTANCE OF 127.17 FEET TO THE SOUTH LINE OF SAID LOT 1 OF TRACT 6, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT PORTION OF VACATED 15TM STREET, AS RECORDED UNDER AUDITOR'S FILE NUMBER 200102280038; THENCE SOUTH 01°05'14" WEST ALONG THE NORTH LINE OF SAID VACATION A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER THEREOF SAID POINT ALSO BEING ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7; THENCE SOUTH 01°05'23'' WEST A DISTANCE OF 56.00 FEET; TO THE TERMINUS OF THIS DESCRIBED EAST LINE. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE SOUTHERLY BOUNDARY OF PARCEL AS DESCRIBED UNDER AUDITOR'S FILE NUMBER 9403070248 AND THE SOUTH RIGHT-OF-WAY LINE OF 16TM STREET. ALSO TOGETHER WITH A PORTION OF 15TM STREET DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 OF TRACT 7, A DISTANCE OF 156.49 FEET SOUTH 88023'23" EAST OF THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING ON THE SOUTH RIIGHT-OF-WAY LINE OF SAID 15TM STREET; THENCE NORTH 88°23'23" WEST ALONG SAID LINE A DISTANCE OF 39.92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 22°38'21" WEST A DISTANCE OF 68.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57054'35" AN ARC LENGTH OF 68.73 FEET TO THE WEST LINE OF AN ALLEY 14.00 FEET IN WIDTH; THENCE ALONG SAID WEST LINE SOUTH 01°05'14" WEST A DISTANCE OF 52.73 FEET TO THE POINT OF BEGINNING.° BREiIERTON CITY OF ORD $23.88 Kitsap Co, i4A AFFIDAVIT OF PUBLICATION No. Ad # 100129002 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Nelson, 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 · nd printed in an office maintained in the aforesaid place of publication of sa~d newspaper; November 2 , 2004 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 $31.31 which amount has not been paid in full. ~ ',4 ·" ".'/V'% - . · ~ ,~..' - mR ,, -. ~ (Stgnature of Pnnc~pal Clerk) Sub~d ~ ~,~,q~to l:~f#e me this day of November 5,2004. >-,77; ...... < ///~' 0 F '¢ ~.,x'," [J It [ ! AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren Avenues and further reserving easements for utilities within the vacated area.- APPROVED by the City Council the 20th day of October, 2004.- PASSED by the City Council the 2?th day of October, 2004.- November 2, 2004oo#i00129002-1, 2004oo#100127912- Return Address: City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 BR£MERTON CITY OF ORD ~3.88 Kit~ap Co, W8 AUDITOR/RECORDER'S INDEXING FORM Document Tiffs(s): 1. Ordinance 4912 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City of Bremerton [~ Additional names on page of document. Grantee(s}: 1. Not applicable ~ Additional names on page of document. Legal Description: NE ¼ of the NE % and SE ¼ of the NE ¼ Sec. 14, T. 24 No., R. l E., W.M. located in Kitsa (abbreviated) Co., WA [-~ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number:. Not applicable