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HomeMy WebLinkAbout5049 ~XCi5E l-AX EXEMPT JUN lc& 2008_" ORDINANCE NO. 60 tt. q AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating Haselwood Street and West Hills Boulevard, from Union Avenue to terminus, in the City of Bremerton. WHEREAS, the City received a petition to vacate Haselwood Street and West Hills Boulevard, from Union Avenue to terminus, in the City of Bremerton.; and WHEREAS, the City passed Resolution No. 3051 setting a hearing date to consider the vacation of the entire roadways ofHaselwood Street and West Hill Boulevard, 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 of the 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. That portion of Haselwood Street and West Hills Boulevard, from Union Avenue to terminus 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. 1 Vacation - Haselwood Street and West Hills Boulevard /___ .n BREMERTON CITY OF Ordinance Rec Fee: $ 46.00 0612012008 10:04 RM Page. 2 of 5 Walter Washington, Kitsap Co Ruditor . 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 '-- ___.__._.___~_.-__n..- _ .... 200806200017 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. (b) An easement is reserved for Comcast for operation, maintenance and repair of cable lines over, under and upon the entire area vacated pursuant to this ordinance. (c) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over, under and upon the entire area vacated pursuant to this ordinance. (d) 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 Rights. 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 d/.!.cL.tJ day of ,2008. Approved this ~ day of ~"1- , 2008. ATTEST: APPROVED AS TO FORM: 2 Vacation - Haselwood Street and West Hills Boulevard BREMERTON CITY OF 200806200017 Ordinance Rec Fee. $ 46.00 P 06/20/2008 10:04 ~M . age: Walter Washington, Kitsap Co ~udltor : 1111111111111111I111111I11111111111111111111111111111111111111111111111111111111111111111111111 ~ '( 3 of 5 PUBLISHED the d4iA) day of EFFECTIVE the ~) day of ORDINANCE NO. 67JJf'l ~~, ,2008. ,2008. R:\Legal\Legal\OrdinanceslPublic Works & Utilities\Vacation - Haselwood.doc ,r;REMERTON CITY OF 200806200017 : Ordinance Rec Fee: $ 46.00 Page: 4 of 5 . i, r\i'l~f\fI ,\ft~iii \i~m\II~\~ 1,,~~i,\ ~I\ \IU\\i\1 '[\1\1\11 1111\ 1111\ \1\1\ 111\ \11\ _~~ ~- 3 Vacation - Haselwood Street and West Hills Boulevard ,- . EXHIBIT A Legal Description Right-Of-Way Vacation Of Haselwood Street and West Hills Boulevard ALL OF HASELWOOD STREET AND WEST HILLS BOULEVARD SITUATE WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. /------------~- --- -- ---- BREMERTON CITY OF 200806200017 Ordlnanoe Reo Fee- $ 46 00 06/20/2008 10:04 AM . , Wal ter Washington, Ki t sap Co Audi tor Page: 5 of 5 :~~II~IIIIIIIIIIIIIII ~~i!~~III!IIIIIIIIIII~IIIII~ IIIIIIIIIIIIIIII~IIIIIIIIIIIIIII ----~---- AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 230420 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$28.45. The amount has not been paid in full. ;f~~ (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, Kits ORDINANCE NO. 5049 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating Haselwood Street and West Hills Boulevard, from Union Avenue to terminus, in the City of Bremerton. PASSED by the City Council the 21st day of May, 2008. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. May 26, 2008............................AD #20068577 .~ Return Address: City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton, VVA 98337 BREMERTON CITY OF 200806200017 Ordinanoe Reo Fee: $ 46.00 06/20/2008 10:04 RM Page: 1 of 5 , Walter Washington, Kitsap Co Ruditer 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 EXCiSE TAX EXEMPT JUN 1 g 2008 AUDITOR/RECORDER'S INDEXING FORM Document Title{s): 1. Vacation Ordinance 5049 with Reservation of Easements Reference Number{s) of Documents assigned or released: Not applicable Grantor{s): 1. City of Bremerton D Additional names on page of document. Grantee{s): 1. Not applicable o Additional names on page of document. legal Description: NE '14 of the SE '14 and SE '14 of the NE '14, Sec. 21, T.24 N., RIB, VV.M., Kitsap County, (abbreviated) VV ashington D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable