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Home My WebLink About4907 ORDINANCE NO. 4 ~ 07 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating an area underneath the south side of Second Street from Washington Avenue westerly to the alley at mid-block, in the City of Bremerton. WHEREAS, the City has initiated the vacation of an area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block, in the City of' Bremerton; and WHEREAS, the City passed Resolution No. 2932 declaring its intention to vacate this area underneath Second Street, from Washington Avenue westerly to the alley at mid-block, which resolution also set a hearing to take public comment or consider written objections to the partial underground 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 August 4, 2004, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to this vacation; and WHEREAS, this vacation is sought to incorporate the area into the abutting property owned by Kitsap Federal Credit Union; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; 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 area underneath the south side of Second Street, from Washington Avenue westerly to the alley at mid-block 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 subject to reservations of easements as set forth in Section 3 and conditions for construction of improvements as set forth in Section 4. 1 Second Street Partial Underground Vacation 18,"8778884 CITY OF BREfIERTON ORO ~3.Q8 Ki$,sap Co, SECTION 3. Reservation o£Easements. 1. The following easements are reserved in the area vacated: 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 construction, operation, maintenance and repair of gas lines and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Qwest Corporation to construct, reconstruct, modify, change, add to, operate, maintain, and remove telecommunication facilities, and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Puget Sotmd Energy to construct, reconstruct, modify, change, add to, operate, maintain, and remove electrical facilities, equipment and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. 2. The utilities within the above-reserved easements may be rerouted and relocated to an area outside the vacated area as requested by and at the cost of the abutting property owner subject to approval by the Department of Public Works and Utilities. 3. The Department of Public Works and Utilities is authorized to release and reconvey reserved City easement or easements within the vacated area when and if City utilities are rerouted and relocated. SECTION 4. Improvements within I/acated Area. The construction of any underground improvements shall meet current vehicle loading requirements on the restored roadway, curb, gutter and sidewalk over the vacated area as required by AASHTO and WSDOT Design Manuals. 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 the_.~.~,~ day of _t~zt ~t~/-y ,2004. PASSED by the City Council the__/~w~ day of t/~z~' ,2004. t- g DAREN NYGREN, (Oot~ncil President 2 Second Street Partial Underground Vacation 12/07/2004 ~2:3~F' C:IT¥ OF BREMERTOt. I ORD ~:)00 t<]i{sa~ Co, ATTEST: APPROVED AS TO FORM: P~I~A JoHN/TON. City Clerk RO'~ER A. LUBOVIC~mey PUBLISHED the~_ day of ~-'~:~7 ,2004. EFFECTIVE the ~,,~k~.~day of ~a~,,,,..~) ,2004. ORDINANCE NO. ~-/qD 7 - - R:\LEGAL\Ordinances~Publi¢ Works & Utilities\Vacation - 2nd St. Und~rground-ord.doc 3 Second Street Partial Underground Facation F'age: 4 oi 5 i~.'87,"~0644 82::%F CITY OF BREf'IER'.TOt.t ORB ~>23.0~'~ I<:it..=a~, Co, 14R EXHIBIT A Vacation of an underground portion of Second Street, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County Washington, situate in Government Lot 1, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at a point at the northwest coruer of Lot 8, Block 9 of said plat, also being the True Point of Begi~ming; thence N 1°35'17" W 20.03 feet to a line parallel with and twenty feet north of the north line of said Block 9; thence S 88024'43" E 223.84 along said parallel line; thence S 63°37'44TM E 69.92; thence leaving said parallel line, S 26°22'16" W 20.00 feet to the said north line of Block 9; thence along said north line N 63°37'44" W 65.53 feet; thence N 88024'43" W 218.34 feet to the True Point of Beginning. EXCEPT for that portion of the area two (2) feet immediately below and running contiguous to the current surface grade of the above described property. Vacation of Portion of Second Street, Subterranean Page ~t of 'I 12707/2904 tIT? OF 8REMERTO~i ORD ~:300 Kitsap Cc,, AFFIDAVIT OF PUBLICATION No. Ad# 100119831 STATE OF WASHINGTON COUNTY OF KITSAP I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication heroin 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, 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; August 24, 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. (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 3, 2004. DAVVN BI_ATT My Commission Expires July 30, 2006 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 490T AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating an area underneath the south side of Second Street from Washington Avenue westerly to the alley at mid-block, in the City of Bremerton.- APPROVED by the City Council the 4th day of August, 2004.- PASSED by the City Council the 18th day of August, 2004.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- August 24, 2004oo#100119831- II 12/87/2884 C:IT¥ OF BREftERTOI4 ORB ~E~eR Kit, sap Co, NR Return Address: City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4907 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. CityofBremerton [] Additional names on page of document. Grantee{s): 1. Not applicable [] Additional names on page of document. Legal Description: Portion of Govt. Lot 1, (SW ¼, SW ¼) Sec. 13, T. 24 N., R. 1 E., W.M., Kitsap Co., WA (abbreviated) [] Additional legal is on page of document. Assessor's Properbj Tax Parcel/Account Number: Not applicable