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HomeMy WebLinkAbout4913 e e .11111111111111111111111111111111111111111111111111111II ::j~~2~i~i 1~~:p7 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 Page: 1 of 5 &8/18/2&&6 &4:14P 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 -- e 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. I III II II 1\111\\ 11111 111\1 11111 11111 III 11111 IIII 111\ ~~~~~21:~} 8~~31:p2 CITY OF BREMERTON ORO $.36 . SS K 1 t sap L.o, WA 1 Street Vacation- Coontz Street II 1111 I II III 11111111 III BREMERTON CITY OF 200501140237 Paw 2 of 5 Sli14!2SS5 S2:5SP $23.SS Kitsap Co, WA ORO e e 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. II \11\\111 11111111 I \\ \\111 \\ ::~~~21:t~~~:p2 CITY OF BREMERTON ORD $36.88 Kltsap Co! WA 2 Street Vacation - Coontz Street \\\11\\11\1111\\ \11\ \1 BREMER TON CITY OF ORD $23.88 200501140237 Page: 3 of 5 81/14/2885 82:58P Ki tsap Ce", ~~A e e 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. , 111/8''111181/11111/ p~~6~~: ~0382 . CITY or 8RtNERTQN ORo~, ~d8!~&s &4. 14P . "'88 !Its,p Co, UA 3 e e 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 111111111111 IIIIIII 11111 1111111111 11111 III 11111 II~ Ittl ~~~~11:~; 8~:31:p2 CITY OF BREMERTOt-l ORD $3b . t!t! K 1 t sap C~I, WA 111111 "" IIII I IIII 111111 1111' 111"1 III 11111 IIII 1111 ~:~~~11:~; 1:~:: BREMERTOt-l CITY OF ORD $23. && Kl tsap l.o.. WA