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Home My WebLink About5055 j ORDINANCE NO. 5055 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the alley between Burwell Street and the existing mid-block alley in downtown Bremerton. WHEREAS, the City Council passed Ordinance 5013 vacating a portion of the alley adjacent to the former City Hall properties located at 239 Fourth Street; and WHEREAS, as partial consideration for the vacation, the owners of the abutting former City Hall properties at the time of vacation, Han and Mihyung Kim, were required to dedicate a new 20 foot alley right-of-way, which was dedicated by Quit Claim Deed and recorded under Kitsap Auditor's Number 200707270110; and WHEREAS, the Kims, have subsequently transferred their interest in the abutting property to HCK2, LLC; and WHEREAS, the City and HCK2, LLC, as owner and developer of the former abutting City Hall properties, have been working together on the redevelopment of these properties; and WHEREAS, the City initiated this vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 in order to reduce the new right-of-way to 15-foot as part of the redevelopment; and WHEREAS, the City passed Resolution No. 3066 declaring its intention to vacate a portion of the alley between Burwell Street and the existing mid-block alley, which resolution also set a hearing to take public comment or consider written objections to the vac~tion; 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 August 20, 2008, in the City Council Chambers at the Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class I right-of-way, however, because the City is initiating the right-of-way vacation pursuant to BMC 11.20.080(D), compensation is not required; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE, 1 Dn...hnLi I1DldZacatian_nilormer Lltv.HalL- _Ordinance BREMERTON CITY OF 200809170121 Ordlnance Rec Fee: $ 46 00 09/17/2008 02:07 PM Walter Washington, Kitsap Co Auditor Page: 2 of 5 //111111 "' 111111 1111111111111I11111I11111111111 1111 111I1 11111 111I1I111111111 111111111111111111 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 easterly 5 feet of the right-of-way dedicated by Quit Claim Deed under Kitsap Auditor's Number 200707270110 between Burwell Street and the existing mid-block alley as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owner, HCK2, LLC or its successors in interest. SECTION 3. The Mayor is hereby authorized to prepare, execute and record a quit claim deed and any other documents necessary to convey the property to the abutting property owner. SECTION 4. Easements. The granting of this vacation is subject to no easements. 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. SECTION 7. 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 ~tl...W ,2008. Approved this ,.;'{ &t:h day of GER A. LUBOVICH, City Attorn _2_ BREMER TON CITY OF -- ---- E>.-J!____n., g91t9~nee Ree Fee: $ 46 00 200809170121 Walt 2~08 02:07 PM . 11111111 illllllil im illl;1 )illi/llll Ilililiul Ifrfll/illJlllimill III 1111111111 11m iililll' 0' 5 PUBLISHEDthe~ dayof q;~ EFFECTIVE the ~ day of ORDINANCE NO. Sass- ,2008. ,2008. R\Legal\Legal\Ordinances\Public Works & Utilities\Vacation-portion of Alley behind old City Hall.doc BREf1E . -- Ord' RrON elr . ---.. ---- O lnano Y OF -.'. 9/17/20e Reo Fee. --.----_.___. /1'illijii~tj~jilHH;;;;;;~;;qIl4.0'. 5. . 3 Partial Alley Vacation at former City Hall- Ordinance .. . r , EXHIBIT A The easterly 5 feet of the westerly 20 feet of Lot 14, Block 7 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, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. --- -- - ---', 200809170121 BREMERTON cITY $Of6. 00 Page: 5 of 5 . Ree Fee. ti~if~~~i~I(lillii\~;~\I\~iI"\ I~ Ili(l~i ~~ill III 11\1111111 1111111111\11 August 4, 2008 . .~, , Return Address: City of Bremerton City Clerk 345 Sixth Stre~, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 200809170121 Ordinance Rec Fee: $ 46.00 09/17/2008 02:07 PM Page: 1 of 5 Wall~r Washington, KitSBP C~ Ruditor 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 5055 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: Portions ofGovt. Lot 3 (SW 1/4, SW 1/4) Sec. 13, T.24 N., R.IE, W.M., Kitsap County, (abbreviated) Washington o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable :,.?~, AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 237286 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: August 25,2008 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.l5. The 'ffiounth"notb",np,idilltuIl. p~ ~ (Signature of Principal Clerk) ~t;E::~,5~::;i~:';~,~, S~\:~\" Lb-; \ MOil, \.C~ I c7/ ~;:../ "~ '" ~ ~ II' I fI F .. "\'\,, l' a. "~,c:,t:;\ON ~ t \0 ^'" ~~, :;1 ~~ ." ~'\"'_ -, "'l.-(;". 0 ~l /(;:::;:- .(\) O' 1 A ,t') '<;'n" -"'1'\ '; -'-:s " r J. ' /'"' .' "', "t'.-fl.l>- ,,"'::-1, 'V' . /' .'., (" . . ;-~)f 11:;\ \'-) . U;.>.. .,. l:.J L} 1.'.,' 0') ,." ~ .r' ''''1.. . CI..;'" ,:.) ". ,,0 /(,~ :,~"~/?"~~8' f'h- Ot- W 1\'6'(\\\ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation 0 ~--s...~T-' portion of the alley between Burwell Street and the existing mid-block alley in downtown Bremerton. Subscribed and sworn to before me this day of September 3,2008. ~~ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5055 PASSED by the City Council the 20th day of August, 2008. The full text ofthis ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. August 25, 2008........................AD #20075182