HomeMy WebLinkAboutALLEY - 1ST/2ND/PACIFIC/WASHINGTON Return Address: City of Bremerton
City Clerk
345 Sixth Street, Suite 600
Bremerton, WA 98337
BREMERTON CITY OF 20100518019
ordinance Rec Fee: $ 64 00 Page: 1 of 3
05/18!2010 12:09 PM
Walter Washington. KitsaP Co Auditor
Itll IN
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
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 I"
and 2 nd Streets, and Pacific and Washington Avenues in the City of
Bremerton.
WHEREAS, the City has initiated the vacation of the alley between 1" and 2 "d
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 1" and 2nd Streets, and Pacific and Washington Avenues, which resolution also
set a hearing 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 April 7, 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 parcels; 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 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 alley between 1st and 2 nd 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 I" & 2" Streets - Ordinance
SECTION 3. Severability. If any one 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 4. g 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.
.f
Ni ck Woffotlouncil President
r
Approved this day of �,t' , , 2010.
PATTY LE ayo
ATTEST: S TO F
0
AO erk R R A! UBOVICH, City Attorney
PUBLISHED the day of 2010.
EFFECTIVE the � day of 2010.
ORDINANCE NO.
R :\Legal\Legal \Ordinances\Public Works & UdlitiesWacation -alley 190 Pacific.doc
2
Alley Vacation between 1 & 2" Streets - Ordinance
EXHIBIT A
LEGAL DESCRIPTION
FOR
VACATED ALLEY BOUNDED BY 1 ST AND 2 ND STREETS, PACIFIC AND
WASHINGTON AVENUES
All of the alley as shown in Block 9 of the Plat of the Town of Bremerton as
recorded in Volume 2, book of plats, Page 30, records of Kitsap County,
Washington
STREET VACATION REQUEST,
ALLEY BETWEEN 1 sT /2 STREETS AND PACIFICIWASHINGTON AVENUES
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: March 3, 2010
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: City of Bremerton
3456 th Street, Suite,600
Bremerton, WA 98337
Location: Alley in its entirety, lying in Block 9 of the Plat of the Town of Bremerton.
Bounded by 1 St /2 " Streets and Pacific/Wash ington Avenues.
BACKGROUND
The City of Bremerton initiated the vacation to,facilitate the redevelopment of the former
West Sound Bank property on the west side of the alley, which is being purchased by
the City.
RIGHT -OF -WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
• Functional Classification Alley N/A
• R -O -W Width 14 feet N/A
• R -O -W Areas 2,940 sq. ft. N/A
• Pavement Width 14 feet N/A
• Surface Type Asphalt N/A
• Curb and Gutter None N/A
• Sidewalks None N/A
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
With the incorporation of this alley into the adjacent private properties, this
portion of the right -of -way will not be required for public use. Access to the
March 2010
Alley vacation between 1 St /2 Streets and PacificMashington Avenues
Page 1 of 4
properties will be by the adjacent City streets, 1 St and 2 nd Streets and Pacific
Avenue.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is- not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this right of way will reduce the City's maintenance responsibility in this
area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No other thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
There is no anticipated future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
Adjacent property owners support the City's anticipated redevelopment plans for
the site. No objections have been received from any owners to date.
SHORELINE ACCESS
This portion of right -of -way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy, Qwest,
Convergence, Cascade Gas and Comcast will retain easements. No City owned
facilities are in this portion of the alley and no easement will be reserved for the Clty. -
SUFFICIENCY OF SIGNATURES
Not Applicable - The City initiated the vacation.
March 2010
Alley vacation between 1 S ' / 2 nd Streets and PacificNVashington Avenues
Page 2 of 4
COMPENSATION
Not Applicable - The City initiated the vacation.
STAFF RECOMMENDATION
J
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends.that this Street Vacation be approved as requested with easements
reserved for all existing utilities.
Owl
ffi -27 -Wa MO N
Looking southerly from 2 nd Street down alley, former West Sound Bank is on right.
March 2010
Alley vacation between'1 /2 Streets and Pacific/Washington Avenues
Page 3 of 4
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a. bca�ti a= �'^�s•L•� . �• �"� � � ^_�.� -- �T.�-, ,. p ,4`
Oil o ��10 �J90 �l�l •
Looking northerly from 1 Street down alley.
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Visible utilities at approximately mid -block in alleyway, telephone and power.
March 2010
Alley vacation between 1 /2 nd Streets and PacificNVashington Avenues
Page 4 of 4
DATE SUBMITTED: March 17, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing and Ordinance Committee Meeting Date: March 2f, 2010
No. 5 (OAP to vacate an Alley between 1 COUNCIL MEETING Date: April 7, 2010
and Y Streets, East of Pacific Avenue. Department: PW &U
Presenter: Michael Mecham
Phone: 473 -5288
SUMMARY: As part of the development of the 1 St and Pacific Plaza and redevelopment of 190
Pacific Avenue, the City has initiated the vacation of an alley between 1 and 2 nd Streets, East of
Pacific Avenue to allow better use of the site. This date has been scheduled for a public hearing in
accordance with state law and the Bremerton Municipal Code on the proposed ordinance vacating the
subject property. In accordance with BMC 11.20.080(d), no compensation is required.
ATTACHMENTS: 1. Ordinance No. /Ok 2. Exhibit A; and 3. Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
��'COMMITTEE CHAIR q.. C7
COUNCIL PRESIDENT: CONSENT AGENDA ❑
GENERAL BUSINESS ❑
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance No. S 10 to vacate an Alley between 1St
and 2 nd Streets, East of Pacific Avenue, a & JA)6f�d1d, .
COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of an alley between 1st Street and 2 nd Street,
East of Pacific Avenue in downtown Bremerton.
WHEREAS, the City initiated the vacation in accordance with Bremerton
Municipal Code (BMC) 11.20.080 as part of the redevelopment of the 190 Pacific Avenue;
NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION]. A public hearing will be held on April 7, 2010, at 5:30 p.m. or later
in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth
Street, Bremerton, Washington, to take public comment or consider written objections to the
vacation.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED y the City Council of the City of Bremerton, Washington this day
of , 2010.
WOFF , Council President
APPROVED AS TO FORM: ATTEST:
'�/ 9&0
AR GER A. LUBOVICH, City Attorney CARO TGEN, City Jerk
1
Alley between 1' and 2' Streets, East of Pacific Avenue —Resolution
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STREET VACATION REQUEST
ALLEY BETWEEN 1 sT /2 STREETS AND PACIFIC/WASHINGTON AVENUES
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: March 3, 2010
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: City of Bremerton
3456 th Street, Suite 600
Bremerton, WA 98337
Location: Alley in it's entirety, lying in Block 9 of the Plat of the Town of Bremerton.
Bounded by 1 St /2 " Streets and Pacific/Washington Avenues.
BACKGROUND
The City of Bremerton initiated the vacation to facilitate the redevelopment of the former
West Sound Bank property on the west side of the alley, which is being purchased by
the City.
RIGHT -OF -WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
• Functional Classification Alley N/A
• R -O -W Width 14 feet N/A
• R -O -W Areas 2,940 sq. ft. N/A
• Pavement Width 14 feet N/A
• Surface Type Asphalt N/A
• Curb and Gutter None N /A
• Sidewalks None N/A
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described, portion will better serve the public good.
Staff Position:
With the incorporation of this alley into the adjacent private properties, this
portion of the right -of -way will not be required for public use. Access to the
August 2008
Alley vacation between 1 st /2 nd Streets and Pacific/Washington Avenues
Page 1 of 4
properties will be by the adjacent City streets, 1 St and 2 nd Streets and Pacific
Avenue.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed, vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this right of way will reduce the City's maintenance responsibility in this
area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No other thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
There is no anticipated future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
.Staff Position:
Adjacent property owners support the City's anticipated redevelopment plans for
the site. No objections have been received from any owners to date.
SHORELINE ACCESS
This portion of right -of -way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy, Qwest,
Convergence, Cascade Gas and Comcast will retain easements. No City owned
facilities are in this portion of the alley and no easement will be reserved for the Clty.
SUFFICIENCY OF SIGNATURES
Not Applicable - The City initiated the vacation.
August 2008
Alley vacation between 1 St /2 " Streets and Pacific/Washington Avenues
Page 2 of 4
COMPENSATION
Not Applicable - The City initiated the vacation.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing utilities.
a.� •-.._.ti. U
S
Looking southerly from 2 nd Street down alley, former West Sound Bank is on right.
August 2008
Alley vacation between 1 /2 " Streets and PacificMashington Avenues
Page 3 of 4
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Looking northerly from 1 Street down alley.
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Visible utilities at approximately mid -block in alleyway, telephone and power.
August 2008
Alley vacation between 1 " Streets and PacificMashington Avenues
Page 4 of 4
DATE SUBMITTED: January 28, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5E
SUBJECT: Resolution No. to Committee Meeting Date: February 24, 2010
Establish April 7, 2010 as a Hearing Date to COUNCIL MEETING Date: March 3, 2010
vacate an Alley between 1 St and 2nd Streets, Department: PW&U Engineering
East of Pacific Avenue. Presenter: Michael Mecham
Phone: 473 -5288
SUMMARY: As part of the development of the 1 St and Pacific Plaza and redevelopment of 190
Pacific Avenue, the City has initiated the vacation of an alley between 1 St and 2 Streets, East of
Pacific Avenue to allow better use of the site. This date has been scheduled for a public hearing in
accordance with state law and the Bremerton Municipal Code on the proposed ordinance vacating the
subject property. In accordance with BMC 11.20.080(d), no compensation is required.
ATTACHMENTS: 1. Council Summary; 2. Resolution No. 3 1 1 3. Exhibit Drawing; and
4. Engineering Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS: r
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to pass Resolution No. 3111 to Establish April 7, 2010 as a Hearing Date to vacate an Alley
between 1 St and 2 Streets, East of Pacific Avenue.
COUNCEL ACTION: Approve ❑ Deny ❑ Table ❑ Continue
❑ No Action
Vacation of Alley Between 1 St and 2 nd Streets, East of Pacific Avenue
COUNCIL SUMMARY
SUMMARY
The City of Bremerton has exercised its first right of refusal for the property sale at 190
Pacific Avenue (former West Sound Bank) and is in the process of completing the
acquisition. With this purchase, the City seeks to develop the 1 St and Pacific Plaza and
redevelop the property and adjacent alley. With the redevelopment of the property, the
alley will not longer be needed for public ingress and egress, eliminating City costs for
maintenance, and be available for additional parking at the site.
This Agenda Bill proposes the vacation of the Alley from 1 St Street to 2 nd Street, East of
Pacific Avenue.
Alley Vacation — East of Pacific and between 1 st and 2 nd Streets
Council Summary
February 2010