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Home My WebLink About4888 ORDINANCE NO. 4888 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 1 lth Street and l0th Street in the City of Bremerton. WHEREAS, the City has initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2917 declaring its intention to vacate the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th 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 February 1 I, 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: SECTION1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. The northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th 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. ~3/17/2~4 12: BREllERTON CITY OF' ORD ~2.80 Kitsap Co, L Street Vacation - Alley Naval, Olympic, 11tn Street, 10tn Street 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. Severabili(v. 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~J.a~7./~ day of ~ ]..~_ ,2004. PASSED by the City Council the~S..)~ day of t~t/~z.~ ~ ,2004. ])AREN NYGREI~ Crouncil President Approved this ~ day of _~.;~~__ ,2004. CARY BOZEMAN, Mayor AT~/~ /~4~ APPROVED AS TO FORM: ~UB~JI~Hhn~h te~da~C~i k,~J./~z.~_ , '2004R~OGER A' LU~OVI.C~ey EFFECTIVE the ~__~day of ~ ~ ,2004. ORDINANCE NO. R:\LEGAL\Ordinances~Pub]ic Works & Utilities\Vacation - Naval, I Ith & 10th.doc 2 Street Vacation- Alley Naval, Olympic, 11ta Street, l0ta Street ~3/t7/~04 BREI~£RTOIq CITY OF ORO ~a.88 gi[~ap Co, JlA EXHIBIT A That portion of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more particularly described as follows: Beginning 30 feet South and 30 feet West of the Northeast corner of said Northeast quarter; thence West along the south margin of 11th Street, 100 feet to the True Point of Beginning; thence leaving said south margin, South 46 feet; thence West 12 feet; thence North 46 feet to said south margin of 11th Street; thence East 12 feet along said south margin to the True Point of Beginning. Alley West of Naval Vacation - Legal Description BR£MERTON CITY OF ORD ~2.0t~ Kit~al0 Co, ~lF4 AFFIDAVIT OF PUBLICATION County of Kitsap. State of Washington No. 100094003 L Celeste Materne. being first duly sworn on oath. deposes and says: That she is now. and at all times embraced in the pnblication herein mentioned was the principal clerk of the printers and publishers of T~E SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the Coumy 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 uewspaper in Bremerton, Kitsap County, Washington, and is now and during all of sa~d time, was printed in an office maintained in the aforesaid place of publication of said uewspaper; thru the following is a true text cfa legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the/~llowing dates, to wit: February 24, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the fldl amount of the ~ ~ ~ ~--~ ... ~ ~ (Signature of Principal Clerk) S , ~ t~ ~E~p, 05-04-04i ~. = uescr~emaba~worn ~ bS~'~ne this day of March 3, 2004 ¢ .... ",¢ , Notary Public in and for the State of Washington, Kitsap County. ORDNANCE NO. 4888' AN ORDINANCE of the City Council of the City o[ Bremertom Washington, relating to the vacation of streets, vacating tbe nord]erly potion of the alley bounded by Naval Avenue, Olympic Avenue, 1 ith Street and 10th Street in the City of Bremerton.- APPROVED by the City Council the 1 lth day o[ February, 2004- PASSED by the City Council the 18th day of February, 2004- The fuji text o[ this ordinance is available from the City Clerk's Office, 239 Youth Street, Bmmerton, WA 98337.- Febru~y 24, 2004- · ¢100094003- Return Address: City of Bremerton 239 Fourth St]-eet Bremerton, WA 98337 2004031 AUDITOPJRECORDER'S INDEXING FORM Document Title(s): l. Ordinance Number 4888 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): l. City of Bremerton ~-j Additional names on page of document. Grantee(s): 1. Not applicable [] Additional names on page of document. Legal Description: NV/ 1/4 OF THE SW 1/4, SEC. 14, T. 24 N., R. 1E., W.M., KITSAP CO, WA (abbreviated) ~ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not Applicable