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HomeMy WebLinkAbout4884 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and l0th Street in the City of Bremerton. WHEREAS, the City has initiated the vacation of the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and l0th Street in the City of Bremerton; and WHEREAS, thc City passed Resolution No. 2914 declaring its intention to vacate the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street, 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 January 14, 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 finds that this vacation is sought to provide adequate area for a new fire station; 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 are incorporated as if fully set forth herein. SECTION 2. The easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street 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- Alley Warren, Park, 8th Street, 10th Street 0:3..."08...'2004 07:54f PITY nr RRFr~F~iTn~.i ORB ~:_~ 0O I"i[sar., Co, [iff SECTION 3. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and 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 repair of a gas line and appurtenances within the area vacated pursuant to this ordinance. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabilit¥. 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. 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~a~.c~ day of ~,, ~ 4.,_.,f ,2004. PASSED by the City Council the~ day of ~_ ,2004. DAREN NYGREN, Council President Approved this ~ day of (~~__ ~ 200~ CARY BOZEMAN, Mayor e APPROVED AS TO FORM: ATT~T-'~ rk -- R~[3ER A: L~U'BOVI~y PUBLISHED the_~ day of ~.(~n,at_~.ff.~ ,2004. EFFECTIVE the ~ dayof t~.y.~M~,~Y-J_~_ ,2004. ORDINANCE NO. Y'~ ,? ff'-~ fi' R:\LEGAL\OrdinancesXPublic Works & Utilities\Vacation - Warren, Park, 8th & 10th.doc 2 Street Vacation - Alley Warren, Park, 8tn Street, 10tn Street FIT'¥' rmr nPFt'lrPrm'mt.l Aff'O ~:) 08 Ki .,ap CLem, EXHIBIT "A" Legal Description Street Vacation North / South Alley between l0ta Street, and the alley between Warren Avenue and Park Avenue. Said easement being the entire North / South Alley on the south side of l0th Street, between l0th Street and the alley between Warren Avenue and Park Avenue bounded by lots l 1 and 12 of Block 000 Jacobson's Jens Addition. See exhibit "B" attached. Subject to easements, covenants and restrictions of record. 83,."88,?_004 07' 54~ Page: 5 ~f 5 e3/'[Js,..'-~eo4 07:54Fi r:ITY OF BREMERTON ORD ~:308 I(i.f, sap Co., AFFIDAVIT OF PUBLICATION Nc). Ad # 100090238 STATE OF WASHINGTON COUNTY OF KITSAP 1, 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 tarter 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; January 26, 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 $33.01 which amount has not been paid in full.~xxxxxs \\\\BtlIIIIIIIiiii ~'EFF~i~i'~&&.-' ............ ..% ~ ~0 [I::xp' 0S'04'04i :;:" 5 (Signature of Principal Clerk) Subscrib~a~[l~l[~.o. rnt.o..l~t'..o~ ~n~ this day of January 28, 2004. Notary Public in and for the State of Washington, Kitsap Codnty. [J ~ [~ ORDINANCE 4884' AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street in the City of Bremerton.- APPPROVED by the City Council the 14th day of January, 2004.- PASSED by the City Council the 21st day of January, 2004.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337. January 26, 2004°°#100090238- Bremerton, WA 98337 03,'08/'2504 lY:TT'," I]r B~'EIIERT0~I 0F:g ~:3 0C~ ~i~p Cc,, AUDITOPJRECORDER'S INDEXING FORM Document Title(s): 1. Ordinance Number 4984 Reference Number(s) of Documents assigned or released: Not applicable Grantor{s): 1. City of Bremerton [] Additional names onpage of document. Grantee(s): 1. Not apphcable ~ Additional names on page of document. Legal Description: NE 1/4, SE 1/4, SEC. 14, T. 24N, R 1 E., W.M., KITSAP CO, WA (abbreviated) [] Additional legal is onpage of document. Assessor's Property Tax Parcel/Account Number: Not: appl±cable