The URL can be used to link to this page

Home My WebLink About5048 .. _~ _.1= ,,~,;,H~';::" - ~ ~'iU~i {} flond'. r~~Vi",r;,>:;~.. iA}t t:At:.MP r......r'.lg /!".!,!\.l! !"",^",,,ivl~ l . ORDINANCE NO. 5'04 g AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place, in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place, in the City of Bremerton.; and WHEREAS, the City passed Resolution No. 3050 setting a hearing date to consider the vacation of 50 feet of Laurel Avenue, 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 May 21,2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class III right-of-way and compensation is not required in accordance with BMC 11.20.140; and WHEREAS, the City Council has determined that it is in the best interest ofthe public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; 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. That portion of Laure! Avenue, approximately midpoint from Marine Drive Place to Madrona Place 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. SECTION 3. Reservation of Easements. (a) An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. BREMER TON CITY OF 200806200016 Ordlnanee Ree Fee: $ 45.00 06/20/2008 10:04 AM Page: 2 of 4 Walter Washington, Kitsap Co Auditor " 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 " (b) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rif!hts. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabilitv. 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 d./~ t; dayof . >tdil ,2008. Approved this ,;?.a.u.L day of ~A 'if- ,2008. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: c~qf~ PUBLISHED the c5? &,;;f-.AJ day of ~~ . EFFECTIVE the ~~) day of _~ ORDINANCE NO. ~ "If .~ ER ,2008. ,2008. /~ R:\Legal\Legal\Ordinances\Public Works & Utilities\Vacation - Laurel Avenue.doc BREMERTON CITY OF 200806200016 Ordinanoe Reo Fee: $ 45.00 06/20/2008 10:04 ~M Page: 3 of 4 Walter Washinston, Kitsap Co Auditor " 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 - --- --- --- - ------ ------- -- ---- -- --- -~- -- --L,--------- ____n_ -_/ 2 Vacation - Portion of Laurel Avenue EXHIBIT A legal Description Right-Ot-Way Vacation A portion ot laurel Avenue THAT PORTION OF LAUREL AVENUE SITUATE WITHIN THE PLAT OF KEAN'S BEACH AS RECORDED IN VOLUME 3 OF PLATS, PAGE 43, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 5 (SE X, SE X) OF SECTION 4, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 17 OF SAID PLAT OF KEAN'S BEACH AND THE WESTERLY RIGHT OF WAY OF LAUREL AVENUE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ON AN EXTENSION OF SAID SOUTH LINE OF LOT 17 TO THE EASTERLY RIGHT OF WAY OF SAID LAUREL AVENUE; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO A POINT WHICH IS 163.08 FEET SOUTH OF THE MOST NORTHERLY CORNER OF LOT 22 OF SAID PLAT; THENCE N 7r20'34" W TO THE SAID WESTERLY RIGHT OF WAY OF LAUREL AVENUE; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY TO THE TRUE POINT OF BEGINNING. BREMER TON CITY OF .. g61~87~00lec Fee $ 45.00 200806200016 Walter WashlO:04 AM . 111/1111 III I11I11 I1I1 Ilill il/lll111liilililiDllmlil/illlill Illml III 1I1111111111/mi~i"l 4 0 f 4 ~ AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 230418 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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: May 26, 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$30.15. The amount has not been paid in full. :t~~wlwJ;J (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 30,2008. ? Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5048 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place, in the City of Bremerton. PASSED by the City Council the 21st day of May, 2008. The full text ofthis ordinance is available trom the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. May 26, 2008............................AD #20068575 < ,,,: Return Address: City ofBremerton City Clerk 345 Sixth Street, Suite 600 I Bremerton, VVA 98337 BREMERTON CITY OF 200806200016 Ordinance Rec Fee: $ 45.00 Page' 1 of 4 06/20/2008 10:04 RM . . . Walter Washington, Kltsap Co Rudltor 11111111111111111111111111111111111111111111111111111111111111111111~1111!1~1~~~l!__- J2XCj8k! i~1 AX i EXEMPT ,iJU,N 1. g.2@08 AUDiTOR/RECORDER'S INDEXING FORM Document Title(s): 1. Vacation Ordinance 5048 with Reservation of Easement 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 D Additional names on page of document. Legal Description: Portion of Govt. Lot 5 (SE 1'4, SE 1'4) Sec. 4, T.24 N., R.lE, VV.M., Kitsap County, (abbreviated) VV ashington o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable