HomeMy WebLinkAbout4913
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Return Address: City of Bremerton
345 Sixth Street, Suite 600
Bremerton, VVA 98337-1873
BREMERTON CITY OF
ORD $23.SS Kitsap Co! WA
111111111I 111111 11111 II
CITY OF BREMERTON ORD $36. SS
200608180382
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Kits<lp Co.. WA
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): l. Ordinance 4913
Reference Number(s) of Documents assigned or released: Not applicable
Grantor(s): l. City ofBremerton
D Additional names on page of document.
Grantee(s): l. Not applicable
D Additional names on page of document.
Legal Description: Port. of the NE 1/4, Sec. 22, T. 24 N., R. 1 E., VV.M., located in Kitsap Co., VV A
(abbreviated)
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: Not applicable
e€ ,RECO'l2.0ED "10 C~~ T\.(Po~ \.J E)(l.ht?t-r A
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ORDINANCE NO. 'It( ;3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of Coontz Street lying between Callow Avenue
and Charleston Boulevard and the alley lying between Coontz
Street and Charleston Boulevard and further reserving easements
for utilities within the vacated area.
WHEREAS, the City received a petition to vacate a portion of Coontz Street lying
between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street
and Charleston Boulevard in the City of Bremerton, and
WHEREAS, the City passed Resolution No. 2qQ.Q, declaring its intention to
vacate a portion of Coontz Street lying between Callow Avenue and Charleston Boulevard and
the alley lying between Coontz Street and Charleston Boulevard, 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 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. A portion of Coontz Street lying between Callow Avenue and
Charleston Boulevard and the alley lying between Coontz Street and Charleston Boulevard 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 all easements contained therein.
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CITY OF BREMERTON ORO $.36 . SS K 1 t sap L.o, WA 1
Street Vacation-
Coontz Street
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BREMERTON CITY OF
200501140237
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$23.SS Kitsap Co, WA
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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 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. 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 remove 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. 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.
APPROVED by the City Council then?l2:t-L day of I t ~.J.J
PASSED by the City Council the ~ 1:tIu day of ~
~
DAREN NYGREN, Cou
,2004.
Approved this LvI:; day of
,2004.
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CITY OF BREMERTON ORD $36.88 Kltsap Co! WA
2
Street Vacation -
Coontz Street
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BREMER TON CITY OF
ORD $23.88
200501140237
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Ki tsap Ce", ~~A
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ATTEST:
AS TO FORM:
APPROVED
N City Clerk
A JOHNS , ~
PA
day of
PUBLISHED the~ day of
EFFECTIVE the 0 it -'19/3
INANCE N . . Coontz. doc
ORD tilities\VacatlOn _
ublic Works & U
EGAL\Ordinances\P
R:\L
A LUBOVICH, C
R .
2004.
, 2004.
,
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EXHIBIT A
A PORTION OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24
NORTH, RANGE 1 EAST W.M. DESCRIBED AS FOLLOWS:
THE PORTION OF COONTZ STREET (FIFTH STREET) BETWEEN THE EAST
MARGIN OF CHARLESTON BLVD. (WYCOFF AVENUE) AND WEST MARGIN OF
CALLOW AVENUE SOUTH (WASHINGTON AVENUE);
THE ALLEY BETWEEN LOTS 15 THROUGH 24 AND LOTS 25 THROUGH 33, IN
BLOCK)( 4- l-t.?I~ 'S~'( of c.~A~~ 'GoO\..E"l.tO(Si. 104~;
I lie:: l-\AfL€STCtJ Il
ALL IN THE PLAT OF '~C"ARL[TON", RECORDED IN VOLUME 2, PAGES 16 AND
17, RECORDS OF KITSAP COUNTY, WASHINGTON
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CITY OF BREMERTOt-l ORD $3b . t!t! K 1 t sap C~I, WA
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BREMERTOt-l CITY OF ORD $23. && Kl tsap l.o.. WA