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ORDINANCE NO. 5o't5
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating portions of Chester Avenue, from intersection with 16th
Street approximately 110 feet northerly, and portions of 16th Street,
from intersection with Chester Avenue approximately 130 feet
easterly thereof in the City of Bremerton.
WHEREAS, Olympic College has petitioned the City to vacate portions of
Chester Avenue and 16th Street to be able to re-construct the main entrance into the campus in
the City of Bremerton; and
WHEREAS, the City passed Resolution No. 3047 setting a hearing date to
consider the vacation of portions of Chester Avenue and 16th Street provided compensation is
paid, 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 heating herein; artd
WHEREAS, a public hearing was held with proper notice on April 2, 2008, 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 detennined that it is in the best interest of the
public to proceed with the vacation; and
WEHREAS, this is a Class I and II right of way and compensation is required in
accordance with BMC 11.20.140; 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. Vacation. The portions of Chester Avenue and 16th 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 subject to the following conditions:
1
Street Vacation ~
_Eol'tions_OLChesterAvenue and 16~h Stre~t
BREMER TON CITY OF 200809080171
Ordinance Rec Fee: $ 47.00
09/08/2008 02:20 PM Page: 2 of 6
Walter WashIngton, Kitsap Co Ruditor
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(a) Compensation paid to the City in the amount of$74,160.00.
(b) Dedication by the abutting property of a new right-of-way as described in Exhibit
B attached hereto and incorporated herein by this reference, or as otherwise approved by the
City.
(c) Reservation of easements as set forth in Section 3 below.
(d) The street vacation herein shall be effective upon the recording of a deed
approved by the City dedicating the new right-of-way.
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 aild
. upon the entire area vacated pursuant to this ordinance.
(b) An easement is reserved for Qwest for operation, maintenance and repair of
existing telephone lines and appurtenances within the area vacated pursuant to this ordinance.
(c) An existing street survey monument is to be maintained, or replacements for the
monument set and recorded. Proper documentation filed with Washington State Department of
Natural Resources and the City of Bremerton.
SECTION 4. Vested Rights. No vested rights shall be affected by the ptovisions
of this ordinance.
SECTION 5. 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.
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 ~
day of q~~J')
,2008.
Approved this "f.;;6O
day of C{yu-.J )
2
Street Vacation-
l!~r~ions f!f C.l1ester Awn_ue_and16th Str.eeL_
BREMERTON CITY OF 200809080171
Ordinance Rec Fee: $ 47 00 6
09/08/2008 02:20 PM . . Page. 3 of
Walter Washington, KItsap Co AudItor
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ATTEST:
APPROVED AS TO FORM:
aJ~tl41U ~c ~-=- .-::::~ ~==.~
CAR~P;~, Cit~ . -~R A. LUBOVICH, City Attoffi5 - =-
PUBLISHED the "U.!) day of ~ ~ :Z~ ' 2008. -
EFFECTIVE the 1].:t:V day of -. ,2008.
ORDINANCE NO. StJLj.5
R:\Legal\Legal\Ordinances\Public Works & Utilities\Vacation - Chester & 16th.doc
/' - -'-,. --' -- - - .--- -- - -- _._n_ _
BREMER TON CITY OF 200809080171
OrdInance Rec Fee: $ 47.00
09/08/2008 02:20 PM
Walt8r Washington, Kitsap Co Ruditor Page. 4 of 6
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Street Vacation-
Portions of Chester Avenue and 16th Street
EXHIBIT A
(PORTION TO BE CONVEYED TO OLYMPIC COLLEGE)
That portion of Chester Avenue and that portion of 16th street lying within Lot 7, Tract 6
of the plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of Plats, page 51,
described as follows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88027'27" East along the
centerline of said 16th Stri3et a distance at 153.23 teet; thence South 1032'33" West
30.00 teet to the South right-at-way margin of said 16th Street and the True Point of
Beginning; thence North 88027'27" West along said right-at-way margin a distance at
183.01 feet to the West right-of-way margin of Chester Avenue; thence North 1007'22"
East along said right-of-way margin a distance of 29.77 feet; thence North 1 006'30" East
along said right-of-way margin a distance of 126.21 feet; thence South 88053'30" East
24.17 feet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point at said curve bears North 73041'00" East; thence
southeasterly (counterclockwise) along said curve an arc distance at 76.00 feet through
q central angle of 21046'19" to the East right-at-way margin of said Chester Avenue;
thence South 1006'30" West along said right-of-way margin a distance of 29.93 feet to
the North right-of-way margin of said 16th Street; thence South 88027'27" East along
said right-at-way margin a distance of 30.54 feet to a point on a curve, concave to the
Northeast, having a radius of 200.00 feet from which the radius point of said curve
bears North 39035'24" East; thence southeasterly (counterclockwise) along said curve
an arc distance of 102.35 feet through a central angle of 29019'12"; thence South
1 032'33" West 19.82 feet to the True Point of Beginning.
BREMERTON CITY OF 200809080171,
Ordinance Rec Fee: $ 47 00
8910812008 02.20 PM Page' 5 of 6
Walter Washington, Kitsap Co ~uditor
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EXHIBIT .""&
(PORTION TO BE CONVEYED TO THE CITY OF BREMERTON)
That portion of Lots 6 and 7, Tract 6 of the plat of Warren Smith's Acre Tracts, as
recorded in Volume 2 of Plats, page 51, described as tollows:
Beginning at a brass disc monument, in case, at the intersection of Chester Avenue and
16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105,
records of Kitsap County, Washington; thence South 88"27'27" East along the
centerline ot said 16th Street a distance of 251.26 feet; thence North 1032'33" E:.ast
30.00 feet to the North right-at-way margin of said 16th Street aild the True Poiht of
Beginning; thence North 88027'27" West along said right-at-way margin a distance of
190.94 teet to a point on a curve, concave to the Northeast, having a radius of 200.00
feet from which the radius point of said curve bears North 39"35'24" East; thence
northwesterly (clockwise) along said curve an arc distance of 43.01 feet through a
central angle at 12"19'17" to the East right-at-way margin of said Chester Avenue;
thence North 1006'30" East along said right-of-way margin a distance of 126.40 feet to a
point on a curve, concave to the Northeast, having a radius ot 155.00 feet from which
the radius point of said curve bears South 88053'27" East; thence southeasterly
(counterclockwise) along said curve an arc distance' of 237.48 feet through a central
angle of 87047'01"; thence South 86025'23" East 72.54 feet to the True Point of
Beginning.
:~ B~EMERTON CITY OF 200809080171
Ordinance Rec Fee: $ 47.00 Page: 6 of 6
09/08/2008h02:t0 PMKitsap Co Auditor
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AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 227000
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, 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 date, to wit:
April 7, 2008 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 $35.26 amount has not
been paid in full.
~^ntt ~~jf
(Signature of Principal Clerk)
Sub=ibed ""d sworn to before me this day of April ~
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5045
AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, relating to the vacation of
streets, vacating portions of Chester A venue, from intersection with 16th Street approximately 110 feet
northerly, and portions of 16th Street, from intersection with Chester Avenue approximately 130 feet
easterly thereof in the City of Bremerton.
PASSED by the City Council the 2nd day of April, 2008.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
April 7, 2008..............................AD #20064882
Return Address:
City ofBremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, VVA 98337
BREMERTON CITY OF 200809080171
OrdInance Rec Fee. $ 47 00
09/08/2008 02:20 PM .
Walter Washington Kitsap Co A d.t Page 1 of 6
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance 5045
Reference Number(s) of Documents assigned or released: Not applicable
Grantor(s): 1. City ofBremerton
D Additional names on page of document.
Grantee(s): 1. Not applicable
D Additional names on page of document.
Legal Description: Portions ofGovt. Lot 3 (NE 1/4, NE 1/4) Sec. 14, T.24 N., R.lE, W.M., Kitsap County,
(abbreviated) Washington
D Additional legal is on page of document.
Assessor's Property Tax P'lIr.:eIlAccount Number: Not applicable
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