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Return Address:
City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, VVA 98337
BREMER TON CITY OF 200906150141
Ordinance Rec Fee: $ 48.00
06/15/2009 10:46 AM Page. 1 of 7
Walter Washington, Kitsap Co Ruditor
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance 5081
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: Portion ofSE Y-t of Section 16 and the NE Y-t ofNE Y-t of Section 21, Toll N., R.1E, VV.M.,
(abbreviated) Kitsap County, VVashington
o Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: Not applicable
ORDINANCE NO. 509 (
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of roadways
within Bay Vista (formerly known as Westpark) and reserving
certain easements in the City of Bremerton.
WHEREAS, Bremerton Housing Authority has initiated the vacation to facilitate
redevelopment of Bay Vista in the City of Bremerton.; and
WHEREAS, the City passed Resolution No. 3080 setting a hearing date to
consider the vacation of roadways within Bay Vista, which resolution also set a hearing to take
public comment or consider written objections to the vacation; arid
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 20, 2009, in the
City Council Chambers of the Bremerton City Hall to take public comment or consider written
objections to the vacation; and
.':'t'''
WHEREAS, this is a Class I Right of Way and compensation will be paid in the
form of the new roadway dedication in Bay Vista pursuant to BMC 11.20.140(D); 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 roadways in Bay Vista; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
herein.
SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth
SECTION 2. Vacation. That portion of roadways within Bay Vista, formerly
known as Westpark, 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 of Roadways within Bay Vista
and Reservation of Easements
SECTION 3. Reservation of Easements.
(a) 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.
(b) 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.
(c) 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.
(d) 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 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. 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 clttJ::t:i.J
day of
,2009.
Approved this d~ day of
~j'
2
Vacation of Roadways within Bay Vista
and Reservation of Easements
ATTEST:
APPROVED AS TO FORM:
PUBLISHED the ~ ttt:A) day of
EFFECTIVE the ~ day of
ORDINANCE NO. S-tJ /l /
~~~~~~eY
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3
Vacation of Roadways within Bay Vista
and Reservation of Easements
Exhibit A
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16 AND THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 21, TOWNSHIP
24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE
SOUTH 01059'38" WEST, ALONG THE EAST LINE OF SAID SECTION 21, A
DISTANCE OF 919.82 FEET TO THE NORTHERLY MARGIN ARSENAL WAY AS
SHOWN ON AN UNRECORDED PROPERTY SURVEY DATED OCTOBER 19, 1940,
OBTAINED FROM THE CITY OF BREMERTON (MAP NO. 1340);
THENCE NORTH 60046'29" WEST, ALONG SAID NORTH MARGIN, A DISTANCE
OF 33.74 FEET TO THE WESTERLY MARGIN OF OYSTER BAY AVENUE AND THE
TRUE POINT OF BEGINNING;
THENCE NORTH 60046'29" WEST, ALONG THE NORTHERLY MARGIN OF SAID
ARSENAL WAY, A DISTANCE OF 317.22 FEET TO THE NORTHEASTERLY
MARGIN OF STATE ROUTE NUMBER 3 AS SHOWN ON SHEET 4 OF 9 SHEETS,
ARSENAL WAY TO CHICO RIGHT OF WAY APPROVED BY THE STATE HIGHWAY
COMMISSION ORDER, DATED SEPTEMBER 22, 1964 AND SHEETS 2 AND 3 OF
9 SHEETS, ARSENAL WAY TO CHICO RIGHT OF WAY AND LIMITED ACCESS
MAPS, DATED DECEMBER 17, 1971, PREPARED BY THE STATE OF
WASHINGTON DEPARTMENT OF HIGHWAYS;
THENCE NORTHERLY ALONG THE NORTHEASTERLY MARGIN OF SAID STATE
ROUTE 3 THE FOLLOWING COURSES:
THENCE NORTH 32015'47" WEST, A DISTANCE OF 214.67 FEET;
THENCE NORTH 37017'58" WEST, A DISTANCE OF 148.44 FEET;
THENCE NORTH 41038'21" WEST, A DISTANCE OF 221.49 FEET;
THENCE NORTH 42051'14" WEST, A DISTANCE OF 525.68 FEET;
THENCE NORTH 31032'38" WEST, A DISTANCE OF 101.98 FEET;
THENCE NORTH 42051'14" WEST, A DISTANCE OF 53.69 FEET;
THENCE NORTH 03012'58" EAST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 44007'31" WEST, A DISTANCE OF 1338.86 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIAL BEARING OF NORTH 42037'24" EAST AND A RADIUS OF 1527.10
FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 327.22
FEET, THROUGH A CENTRAL ANGLE OF 12016'38";
THENCE NORTH 13045'07" WEST, A DISTANCE OF 179.83 FEET;
THENCE NORTH 85052'07" WEST, A DISTANCE OF 24.28 FEET;
THENCE NORTH 08035"33" WEST, A DISTANCE OF 7.35 FEET TO THE
EASTERLY MARGIN OF ARSENAL WAY;
THENCE LEAVING SAID NORTHEASTERLY }~~.GIN OF STATE ROUTE Inn~ER 3,
NORTH 25046']]" L1\.ST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF
552.42 FEET TO THE SOUTHERLY MARGIN OF KITSAP WAY (ALSO KNOWN AS
STATE ROUTE l~~BER 310, FORMERLY STATE ROUTE NllliffiER 21), TO A
POINT WHICH IS THE INTERSECTION OF 1U~ EULER SPIRAL CURVE CONCAVE
TO THE SOUTH, HAVING A CHORD LINE WHICH BEARS SOUTH 82057'01"
EAST, AND A DISTANCE OF 121.70 FEET AND TERMINATES AT CS STATION
133+21.7, AS SHOWN PER RECORD OF SURVEY RECORDED UNDER RECORDING
NUMBER 200901160038, RECORDS OF SAID COUNTY, SAID SPIRAL CURVE
HAS A SPIRAL LENGTH OF 121. 75 FEET;
THENCE SOUTH AND EAST ALONG THE SOUTH MARGIN OF SAID KITSAP WAY
THE FOLLOWING COURSES:
THENCE SOUTHEASTERLY ALONG SAID CENTRAL CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIAL BEARING OF SOUTH 10026'28" WEST, AND A
RADIUS OF 900.00 FEET;
THENCE CONTINUING ALONG SAID CURVE AN ARC LENGTH OF 20.45 FEET,
THROUGH A CENTRAL ANGLE OF 01018'07" TO THE POINT ON CURVE
STATION OF 133+00, AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTH 11044'35" WEST, ON A RADIAL BEARING WITH SAID CURVE,
A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE SOUTH HAVING A RADIUS OF 890.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 38.83
FEET, THROUGH A CENTRAL ANGLE OF 02029'58" TO THE BEGINNING OF AN
EULER SPIRAL CURVE CONCAVE TO THE SOUTH, HAVING A CHORD LINE
WHICH BEARS SOUTH 68029'36" EAST, AND A DISTANCE OF A 347.20
FEET,
THENCE CONTINUING ALONG SAID SPIRAL AN ARC LENGTH OF 347.75 FEET;
THENCE SOUTH 64057'29" EAST, A DISTANCE OF 298.32 FEET TO
CENTERLINE STATION 126+00, AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTH 25002'31" WEST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 64057'29" EAST, A DISTANCE OF 297.43 FEET TO THE
BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A
CHORD LINE WHICH BEARS SOUTH 65015'09" EAST, AND A DISTANCE OF
103.71 FEET;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF
103.71 FEET;
THENCE NORTH 24010'15" EAST, A DISTANCE OF 15.00 FEET TO THE
BEGINNING OF .AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A
CHORD OF SOUTH 69054'38" EAST, AND A DISTANCE OF 267.49 FEET TO
CS STATION 119+42.7', AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF
267.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE NORTH, HAVING A RADIAL BEARING OF NORTH 14014'34" EAST, AND A
RADIUS OF 1015.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 78.57
FEET, THROUGH A CENTRAL ANGLE OF 04026'06" TO THE BEGINNING OF AN
EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A CHORD LINE
WHICH BEARS SOUTH 80017'07'-' EAST, AND A DISTANCE OF 3.41 FEET;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL CURVE
LENGTH OF 3.41 FEET;
THENCE SOUTH 66038'58" EAST, A DISTANCE OF 16.16 FEET TO STATE
ROUTE NUMBER 21 POINT OF TANGENCY STATION 71+50.8, AS SHOWN PER
SAID RECORD OF SURVEY, AND THE BEGINNING OF A NON-TANGENT CURVE
. . .. .
CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 23021'02"
EAST, AND A RADIUS OF 623.00 FEET;
THENCE CONTINUING ALONG SAID CURVE, AN ARC LENGTH OF 345.96 FEET,
THROUGH A CENTRAL ANGLE OF 31049'00", TO POINT OF CURVATURE
STATION 68+32.6, AS SHOWN PER SAID RECORD OF SURVEY;
THENCE NORTH 81032'02" EAST, A DISTANCE OF 293.17 FEET TO THE
WESTERLY MARGIN OF OYSTER BAY AVENUE;
THENCE LEAVING SAID SOUTH MARGIN OF SAID KITSAP WAY, SOUTH
01004'57" WEST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1584.35
FEET TO THE SOUTH LINE OF SAID SECTION 16;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN OF OYSTER BAY
AVENUE, SOUTH 01059'38" WEST, A DISTANCE OF 903.94 FEET TO THE
TRUE POINT OF BEGINNING;
THOSE PORTIONS FOR ROAD RIGHTS OF WAY LYING WITHIN THE ABOVE
DESCRIBED ARE TO BE VACATED, EXCEPT THAT PORTION OF RUSSELL ROAD
LYING WITHIN PARCEL \E' AS SHOWN ON RECORD OF SURVEY RECORDED
UNDER RECORDING NUMBER 20090110038, BOOK 71 OF SURVEYS, PAGES
238-246, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID PORTION WAS
CONVEYED TO THE CITY OF BREMER TON BY THE BREMER TON HOUSING
AUTHORITY WITH DEED RECORDED UNDER AFN-200712260295.
MARATHON DEVELOPMENT
TAYLOR R. SCHULTE, PLS
BRR JOB. NO. 2007186.05
MARCH 02, 2009
BUSH, ROED AND HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206)323-4144
AFFIDAVIT OF PUBLICATION
Account # 42742 AD# 248264
STATE 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 29, 2009 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$38.15. The amount has
not bcenpoidmfull. ~~. .
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of June 1, 2009.
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Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5081
AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of
roadways within Bay Vista (formerly knows as Westpark) and reserving certain easements in the City of
Bremerton.
PASSED by the City Council the 20th day of May, 2009
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
May 29, 2009..............................AD #20087074