The URL can be used to link to this page

Home My WebLink About4896 ORDINANCE NO. q ~q~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton, and WHEREAS, the City passed Resolution No. 2922 declaring its intention to vacate a portion of First Street located between Marion and Yantic 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 April 28, 2004, in the City Council Chambers of the Bremerton City Hall to take public connnent 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. A portion of First Street located between Marion and Yantic 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 including any and all easements contained therein. 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. 1 Street Vacation - First Street between Marion and Yantic Avenues BREM£RTON CITY OF ORD ~2rO0 Kitsap Co, WA c. An easement is reserved for Puget Sound Energy for operation, maintenance and repair of electrical facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for QWest for operation, maintenance and repair of utilities within the area vacated pursuant to this ordinance. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. 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. 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 theban(c!_ day of ~-~_) ,2004. PASSED by the City Council the /~) day of ~Ja, · ,2004. DAREN NYGREN, Cot~ci~l President Appr°ved this ~1~3~- day °f (("~ ' ~~ ~ CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: Piula Johnst[~L~im Ci~ty Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the /~ff../ day of ~._ ,2004. EFFECTIVE the ~day of '-~tz ,2004. ORDINANCE NO. 4g;Dq/.., ' L a R:\LEGAL\OrdinancesXPublic Works & Utilities\Vacation - Marion & Yantic.doc 2 Street Vacation- First Street between Marion and Yantic Avenues BR£~IERT0t4 CITY 0F 0RD ~.0O Kitsap Co, [1~ EXHIBIT A Legal Description Right-Of-Way Vacation A portion of First Street located between Marion and Yantic Avenues THAT PORTION OF FIRST STREET SITUATE WITHIN THE PLAT OF CHARLESTON NAVY VIEW ADDITION AS RECORDED IN VOLUME 4 OF PLATS, PAGE 81, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 52, BLOCK 3, SAID PLAT OF CHARLESTON NAVY VIEW ADDITION ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRST STREET; THENCE WEST ALONG THE SOUTH LINE OF SAID FIRST STREET 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WEST 15.00; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID NORTH LINE 15.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR UTILITIES. I IIi111111111111111111111111111111111111111111111111111; : ? i, ° AFFIDAVIT OF PUBLICATION No. Ad # 100105884 STATE OF WASHINGTON COUNTY OF KITSAP I, 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 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, Wastfington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; May 18, 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 sam of $31.31 which amount has not been paid in full. 4& &(x4,.~_' (Signature of Principal Clerk) ~t Subscribed and sworn to before me this day of May 26, 2004. Notary Public in and for the State of Washington, Kitsap County. ~ ~;ik~ .~0~ ~ ORDINANCE NO. 4896' ~i AN ORDINANCE of the City Council of the City of Bremer~on, Washington, relating to the vacation of streets, vacating a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton.- APPROVED by the City Council the 28th day of April, 2004- PASSED by the City CounciI the 12th day of May, 2004- The full text of this ordinance is available lmm the City Clerk's Office, 239 Fourth Street, Bmmerton, WA 98337.- May 18, 2004°°#100105884- Return Addrees: City of Bremerton 239 Fourth Street Bremerton, WA 98337 07/1~/~8~4 i$:52A ~R£I1ERTON CITY OF ORO ~.OO ~i~sap Co, ~ AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance Number 4896 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: Portion of NW 1/4, NE 1/4 of SEC. 22, 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