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Home My WebLink About4948 < ORDINANCE NO. 49"/? AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue. WHEREAS, the City received an application from the Bremerton Housing Authority to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue in the City of Bremerton, and WHEREAS, the City passed Resolution No. 2976 declaring its intention to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue, 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 September 21,2005, in the City Council Chambers at the Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interestof.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. The northerly 850 feet of Russell Road to Oyster Bay Avenue 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. 1 Street Vacation- 200511010099 Russell Road Page: 2 of 5 11/01/2005 10:26A CITY OF BREMERTON ORD t36.00 Kitsap COI WA SECTION 3. Easements. The granting of this vacation is subject to 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 and appurtenances 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. An easement is reserved for Comcast for operation, maintenance and/or repair of cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for Qwest for operation, maintenance and/or repair of telecommunication cable and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. e. 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. Additional Conditions. The granting of this vacation is further subject to and conditioned upon the following: As compensation for the vacation, applicant or its successor in interest shall dedicate property of like-kind in Westpark to the satisfaction of the City for the relocation of the roadway for the anticipated redevelopment of Westpark. If a like-kind dedication is not made within five (5) years, then the City may, upon demand, require payment of$62,222.58. SECTION 5. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severability. 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. 2 Street Vacation- _..-- -- "I \. 200511 010099 Russell Road .11 r '1'\ "I '0.,., Page: 3 of 5 I _ _ _ . 11/01/2005 10: 26A ORD $36 . 00 Ki t sap Co 1 ~IA CITY OF BREMERTON .' SECTION 7. Effrctive 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. PASSED by the City Council the c1.L.:t:t Approved this I~ day of ATTEST: APPROVED AS TO FORM: ~~ RO ER A. LUBOVI ., - I :ttome~ PUBLISHED the oJUlL day of ~ ,2005. ,2005. EFFECTIVE the 7+1 J day of ORDINANCE NO. J/94f R:\LEGAL\OrdiIlllllces\Public Works & UtilitiesWacation-Westpark.doc 200511010099 I Page: 4 of 5 11/01/2005 1O:26A CITY OF BREMERTON ORD $36.00 Kitsap COI WA 3 Street Vacation - '" Russell Road I , . EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF RUSSELL ROAD RIGHT-OF-WAY, 43 FEET IN WIDTH, SITUATED IN SECTION 16, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN KITSAP COUNTY, WASHINGTON AND LYING 21.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CORNER COMMON TO SECTIONS 15, 16,21, AND 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., THENCE NORTH 00016'54" WEST ALONG THE CENTERLINE OF OYSTER BAY AVENUE AND THE LINE BETWEEN SECTIONS 15 AND 16, A DISTANCE OF 1223.69 FEET; THENCE NORTH 89052'39" WEST A DISTANCE OF 151.09 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET; THENCE IN A CLOCKWISE DIRECTION ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12054'48", A DISTANCE OF 67.61 FEET; THENCE NORTH 78057'51" WEST A DISTANCE OF 150.36 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET; THENCE IN A COUNTER-CLOCKWISE DIRECTION ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84055'05". A DISTANCE OF 407.58 FEET TO A POINT ON THE EXISTING CENTERLINE OF RUSSELL ROAD RIGHT -OF-WAY AS SAID EXISTING CENTERLINE IS DESCRIBED IN DECLARATION OF TRUST FILED UNDER AUDITOR'S NO. 9004240098 IN KITSAP COUNTY, WASHINGTON, AND TRUE POINT OF BEGINNING; THENCE IN A CLOCKWISE DIRECTION ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 450.50 FEET, THROUGH THE ARC SUBTENDED BY A CHORD THE LENGTH OF WHICH IS 354.77 FEET AND WHICH BEARS NORTH 41011 '27" EAST TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 64022'45" EAST 247.90 FEET TO THE POINT OF TANGENCY OF A CURVE TO THE RIGHT HAVING A RADIUS OF 397.00 FEET; THENCE ALONG SAID CURVE THROUGH AN ARC SUBTENDED BY A CHORD THE LENGTH OF WHICH IS 174.14 FEET AND WHICH BEARS NORTH 17002'55" EAST TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 89043'06" EAST 59.18 FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF OYSTER BAY AVENUE, SAID LINE BEING AlSO THE LINE BElWEEN SECTIONS 15 AND 16, ALSO SAID POINT OF INTERSECTION BEING NORTH 1495.99 FEET AND WEST 7.35 FEET OF THE CORNER COMMON TO SECTIONS 15, 18,21 AND 22, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE WlLlAMerrE MERIDIAN. EXCEPT ANY PORTION lYING WITHIN THE RIGHT-OF-WAY FOR OYSTER SAY AVENUE. " I I I 200511010099 Pi'ige: 5 of 5 , , - 11/01/2005 10:26A CITY OF BREMERTON ORD t36.00 Kitsap COI WA ; I I AFFIDAVIT OF PUBLICATION Account #42742/ Ad # 100172148 STATE OF WASHINGTON " COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP 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, a weekly newspaper in 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; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , September 27, 2005 and that such newspaper was regularly distributed to its subscribers during $26.45 which amount has not been paid in full. ~.,_.~ J I))ct/UL-, (. , "'(j-a1U ': ; (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 30, 2005. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4948' - - PASSED by the City Council the 21st day of September, 2005- - The full text of this ordinance is available from the Cit Clerk's Office, 345 6th Street, Suite 600, Bremerton, WA 98337.- September 27,2005"#100172148 .. . Return Address: City Clerk City ofBremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 . . .-. ,-". I I \11" 2005110~0099 . .., \ I Page: 1 ijf.J , .\ \ ,t \ ~\ I \ \ .l. nB'!O l\(~~2~~~ mloeGA em' OF BREt1ER.Tot-l AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 4948 Reference Number(s) of Documents assigned or released: Not Applicable Grantor(s): 1. City ofBremerton o Additional names on page of document. Grantee(s): 1. Not Applicable o Additional names on page of document. Legal Description: NE 1/4 & SE 1/4 OF SE 1/4, SITUATED IN SEC 16, T. 24 N., R 1 E., W.M., IN KITSAP (abbreviated) CO.,WA. o Additional legal is on page of document. Assessor's Property Tax ParceUAccount Number: Not Applicable.