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Home My WebLink About4978 " Return Address: City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton WA 98337 11111111 11111111 111111 BRE~1ERTON CITY OF ORD $35, SS 200610020165 P <igE' : 1 of 4 W/S2/2SG6 11: 12A Kits<ip Co, WA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 4978 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City of Bremerton o Additional names on page of document. Grantee(s): 1. Not applicable o Additional names on page of document. Legal Description: Govt. Lot 3 (SW VI, SW VI) Sec. 13 & Govt. Lot 1 (NW VI, NW VI) Sec. 24, all ofT.24 N., (abbreviated) R.lE., W.M. o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. 1/9 1~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 st Street in downtown Bremerton. WHEREAS, the City, in a collaborative effort with the U.S. Navy, initiated the vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 st Street in downtown Bremerton; and WHEREAS, the street proposed to be vacated is not presently used nor is it suitable for use and access to the waterfront; and WHEREAS, the proposed street vacation will assist with the implementation of a plan that will provide access to the waterfront not currently available to the general public through realization of the City's Comprehensive Plan; and WHEREAS, the City passed Resolution No. 3005 declaring its intention to vacate various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1 st Street in downtown Bremerton, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, one hundred percent of the property owners abutting said right-of- way have agreed to vacate said right-of-way prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on September 6, 2006, in the City Council Chambers of 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 interest of the public to proceed with thevacation; 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 area of the downtown core in the City ofBremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the adjacent property owners, the City of Bremerton and the U.S. Navy. 11111I11 1111111111111111111111111 ::j~~2}:?~~,11~A5 BW1ERTON CITY OF ORD $35. tl& Kit sap Co ) WA 1 Street Vacation- 'rious Streets and Alleys in Downtown Bremerton following: SECTION 3. Easements: The granting of this vacation is subject to the a. 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. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severa b ilitv. 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. 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. PASSED by the City Council the tdLJ dayof .xi.t1O~HAj ,2006. I Z:;;;;{;L~ CECIL McCO LL, Council President Approved this I~ day of CARY BOZEMAN, Mayor APPROVED'AS TO FORM: PUBLISH the /~ day of ~ EFFECTIVE the d~ day of ~ ORDINANCE NO. .L/q7U ,2006. ,2006. R:\Legal\Legal\Ordinances\Public Works & Utilities\Vacation - Downtown.doc BREtlERTON CITY OF ORD :t35 . ~~ 2 Street Vacation - U ':QUS Streets and Alleys in Downtown Bremerton 200610020165 PagE' : 3 of 4 18/82/2886 11 :12A Kitsap Co, WA 11111111 11111111 1111 II . ,'~ . EXHIBIT A Vacation of those portions of the streets and alleys 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 3, Section 13, and Government Lot 1, Section 24, all of Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying southerly of the following described line: Beginning at a point of intersection of the south line of the said Plat of the Town of Bremerton and the east margin of Park Avenue (Dock Street per plat), also being the True Point of Beginning; thence northerly along said east margin to its intersection with the south margin of Burwell Street (Third Street per plat); thence along said south margin easterly to its intersection with the west margin of Pacific Avenue; thence southerly along said west margin to its intersection with the southerly margin of 1 st Street (Front Street per plat); thence easterly along said southerly margin and its extension to its intersection with easterly margin of Washington Avenue; thence southerly along said easterly margin to its intersection with the northerly margin of said 1 st Street; thence southeasterly along said northerly margin to its intersection with the original Outer Harbor Line as established by the State of Washington Board of State Land Commissioners in February of 1913, also being the terminus. Together with an easement to Cascade Natural Gas over the easterly 10 feet of the alley lying adjacent to and between Blocks 12 and 13 of said Plat of the Town of Bremerton. 11\\111 \\1\\ 111\\11 III \1\11\\ 11\ II\I\\~~~ \\111 ~~ Il!l. t~~;~~~~~~~~ 11:: BREt1ER10N CllY _or- AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 129567 ST ATE 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 13, 2006 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 $28.15 which amount has not been paid in full. ~L LuLtL~ --- (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 19,2006 v/~~/Z/ Notary Public in and for the State of Washington, Kitsap County. -'9~~~;~~' ,',~ R ~.,~\..;: ': " ~. ;v/II '" ,f? c', ;:; ~,<::.,S\ON t ~ 0 /~ (..:.J~. () \..>~,' -1'..0,-: () 0 J(;f .O(~~O TA~ ~~7o ;:> '~' ; ",.. .'. )...:;.....j "". " e n ,.." !'-)l \" ) (0"l Vf'.,..... G ORDINANCE NO. 4978 ~,", J(J "'-'. - 5-::' o.O~ ./;(" " ..~_v 0 ~ \ t\..' O,.:'~'. < < 0 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of ,,(.\:;,~WAS'<:\\\:S. various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1st Street in ", ,~-"-s,:">- downtown Bremerton. --~~/~ / /' PASSED by the City Council the 6th day of September, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. September 13, 2006.................AD #20017077