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HomeMy WebLinkAbout5106 ORDINANCE NO. 5106 , AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of an alley situate in Block 9 of the Plat of the Town of Bremerton, bounded by l and 2 Streets, and Pacific and Washington Avenues in the City of Bremerton. WHEREAS, the City has initiated the vacation of the alley between l and 2 Streets, and Pacific and Washington Avenues in the City of Bremerton; and WHEREAS, the City passed Resolution No. 3111 declaring its intention to vacate the alley between l and 2" Streets, and Pacific and Washington Avenues, which resolution also set a hearing to take public comment or consider written obj ections 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 Apri17, 2010, 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 finds that this vacation is sought to benefit the development of a public plaza and the adjacent pazcels; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation and require all private utility easements be retained until they are no longer needed; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the alley; NOW, THEREFORE, THE CITY COUNCII, OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals aze incorporated as if fully set forth herein. SECTION2. That alley between l and 2" Streets, and Pacific and Washington Avenues 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 Alley Vacation between l & 2" Streets - Ordinance SECTION 3. Severabilitv. If any one or more section, subsecrions, 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 4. E,�ective 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 ' 2010. r� ..r'..: . NYCk Woffo ouncil President �,: Approved this 1�� day of �/ ,� , 2010. � PATTY L , ayo ATTEST: S TO F . AROL ETG N, City erk R R A! � UBOVICH, City Attorney PUBLISHED the1� day of 2010. EFFECTIVE the ,�'�_day of 2010. ORDINANCE NO. . �/� /., R:U.egalU.egal\Ordinances�Public Works & Utilities\Vacarion-alley 190 Pacific.doc 2 Alley Vacation behveen 1 s` & 2n Streets - Ordinance A rl Return Address: City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 2010051801 Ordinance Rec Fee $ 64 00 page 1 of 3 05118/2010 12 09 PM Walter Washington, Kitsap Cc Auditor l I IIIIiIi 111111 1111111 lllll iillll 1111 111111111 lllil 11 11111 111 illll 111 1111 IN J AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 5106 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City of Bremerton Additional names on page of document. Grantee(s): 1. Not applicable Additional names on page of document. Legal Description: Portion of Gov't. Lot 3 (SW '/4 of the SW '/4), Sect. 13, T 24 N, R 1 E, W.M., and Portion of (abbreviated) Gov't Lot 1 (NW '/4 of the NW '/4), Sect. 24, T 24 N, R 1 E, W.M., Kitsap County, Washington Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number: Not applicable AFFIDAVIT OF PUBLICATION Account # 427424 AD# 259550 STATE OF WASHINGTON COUNTY OF KITSAP 1, 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A April 12, 2010 that such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $39.86. This amount has not been paid in full. (Sign rCASSANDRA a1 Clerk Subscribed and sworn to before me this day of April 23, 20 A CAPAS tary Public of Washington mission Expires Notary Public in and for the State of Washington, Kitsap CAhinty ' ORDINANCE NO. 5106 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of an alley situate in Block 9 of the Plat of the Town of Bremerton, bounded by 1 st and 2nd Streets, and Pacific and Washington Avenues in the City of Bremerton. PASSED by the City Council the 7th day of April, 2010. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. April 12, 2010 ........................... Ad #20099364