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Re: Ft��cinc��n� th� Vac:ati�n �f Pc�rti�n r�f t�� ATie}= s�uth o� �heldQn �c�ul�e�ar�t
l�ear l�l r. iialciberg;
The CittR �f R�r��rtrar� is rescin�in� tl�e �,Ja�ati4� a�praved o� May 23, ?0�8 �i�h Ordi��an�� No.
�E7�0. Th�; va�atio� was �pproti=ed, bu� has no� h�e� re�o� ��it� the �`c�t�nty due tt► t�w�
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� G�rn�.�ensati�n c���vi�� to th� Cit�- Qf Brem�rran for �5,2G`? t� �c�nlplete the �cf�ratior�.
� Resaluti�7n c�I the sc�uth li�its c�f the �acatii�n frt�kn fhe adja�en� n�i �Il�i3� �fl �l�`- 4'�'�5�
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�pp�c�tion at�d apprr��� �]I't3i�'i �1C�t �'UUriG1I 11'lI� �� I'�ij131I� �DP �t.liV �7.I�Z11'� Vr�Cc�tIC1T1 t7� 't��� a1te�
�nd fiitur€; tie�elopx�en.t.
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cc: Rc��e� �� ��uba�Fich, Cit}� Attc�rney
l.at�y i��at�l. P.�:., l��#�tn��in� En�ine�r
Carol E.t�;en, C'it� �'�e�rk
Rii��le ��4�arc�, Cit�° Fl�nncr
1(? 1 tl-Q3
ORDINANCE NO. 0 5 0
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, vacating a portion of the alley bounded
by McKenzie and Cogean Avenues and 12 Street and Sheldon
Boulevard in the City of Bremerton.
WHEREAS, the City received a petition to vacate a portion of the alley bounded
by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard in the City of
Bremerton.; and
WHEREAS, the City passed Resolution No. 3052 settign a hearing date to
consider the vacation of a portion of the alley bounded by McKenzie and Cogean Avenues and
12 Street and Sheldon 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 I right -of -way owned in fee by the City of Bremerton
and as such compensation is required. The property owner has dedicated additional right -of -way
as partial compensation leaving a balance due of $5,262; 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 the alley running north -south starting on Sheldon
Boulevard and running approximately 150 feet south towards 12 Street, bound by McKenzie
and Cogean Avenues in the City of Bremerton, as described in Exhibit A, which is attached and
1
Vacation - Alley South of Sheldon Boulevard
incorporated herein by this reference, is hereby vacated to the abutting property owners upon the
following condition:
(a) payment in the amount of $5,262.00.
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 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. 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 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.
L
PASSED by the City Council the day of , 2008.
WILL MAUP , Counyffresident
Approved this day of z UAQ
, 2008.
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
CAROL -4 6E&, Cit Clerk RO ERA. LUBOVICH, City Att
2
Vacation - Alley South of Sheldon Boulevard
PUBLISHED the JZ. day of ; 2008.
EFFECTIVE the ` day of , 2008.
ORDINANCE NO. fo Sa
R: \Legal \Legal \Ordinances\Public Works & UtilitiesWacation - Sheldon Blvd.doc
3
Vacation - Alley South of Sheldon Boulevard
EXHIBIT A
CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 •3472 N.W. LOWELL "OLD TOWNS" - SILVERDALE, WA 98383 - 360-692 -6400 - FAX 360 -692 -8927
LEGAL DESCRIPTION
FOR VACATION OF ALLEYWAY
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN THE CITY OF BREMERTON, KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 2, PARK PLACE
ADDITION, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS
OF KITSAP COUNTY, WASHINGTON, AND ALSO BEING A POINT ON THE NORTH
RIGHT -OF -WAY LINE OF 12" STREET; THENCE NORTH ALONG THE EAST LINE OF
SAID LOT 6 AND LOTS 5 AND 4, BLOCK 2, SAID PLAT OF PARK PLACE ADDITION,
112 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE SOUTH 23.00 FEET
OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH
ALONG THE EAST LINE OF SAID LOT 4 AND LOTS 3,2 AND 1, BLOCK 2, SAID PLAT
OF PARK PLACE ADDITION, 133.10 FEET, MORE OR LESS, TO THE
SOUTHWESTERLY RIGHT -OF -WAY LINE OF SHELDON BOULEVARD; THENCE
SOUTHEASTERLY ALONG SAID LINE, 40 FEET, MORE OR LESS, TO THE NORTH
LINE OF "PARCEL B" AS DESCRIBED IN A DEED OF TRUST RECORDED UNDER
AUDITOR'S FILE NO. 200202260386; THENCE WEST ALONG SAID LINE TO A POINT
ON A LINE WHICH LIES 14.00 EAST OF AND PARALLEL WITH THE EAST LINE OF
LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 2, SAID PLAT OF PARK PLACE ADDITION;
THENCE SOUTH ALONG SAID LINE 102.55 FEET, MORE OR LESS, TO THE
EASTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 8.00 FEET OF SAID
LOT 4; THENCE WEST ALONG SAID LINE 14.00 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT A MONUMENT MARKING THE EAST QUARTER CORNER OF
SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN THE CITY OF
BREMERTON, KITSAP COUNTY, WASHINGTON, BEING A POINT ON THE
CENTERLINE OF PARK AVENUE; THENCE NORTH 0°58'27" EAST ALONG THE
CENTERLINE OF SAID PARK AVENUE 381.47 FEET TO A MONUMENT MARKING ITS
INTERSECTION WITH 12 STREET; THENCE SOUTH 88 EAST ALONG THE
CENTERLINE OF SAID 12 STREET 577.05 FEET TO A MONUMENT MARKING ITS
INTERSECTION WITH COGEAN AVENUE; THENCE NORTH 1 °10'08" EAST ALONG
THE CENTERLINE OF SAID COGEAN AVENUE 147.37 FEET; THENCE NORTH
88 0 49'52" WEST 15.00 FEET TO THE WEST RIGHT -OF -WAY LINE COGEAN AVENUE
AND THE POINT OF BEGINNING OF THIS LINE; THENCE NORTH 68 °05'22" WEST
26.23 FEET TO A POINT ON A 198.95 FOOT RADIUS CURVE WHOSE CENTER POINT
BEARS NORTH 2 °54'50" EAST; THENCE ALONG SAID CURVE TO THE RIGHT
THROUGH A CENTRAL ANGLE OF 49 0 50'44" FOR AN ARC DISTANCE OF 173.08 FEET
TO A POINT OF TANGENCY; THENCE NORTH 37°14'26" WEST 120.25 FEET TO THE
POINT OF TERMINATION OF THIS LINE.
5 -05 -2008 seo ►.,'���
L LAW
Names
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zo7gs •
EXPIRES
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AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 230424
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 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 $30.15. The amount has
not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of May 30, 2008. J M O
,..t,
O SION
oTA
Notary Public in and for the State of Washington, Kitsap County. ;ZN �' • '{
ORDINANCE NO. 5050 s� O UB1 ' �� •' � O=
OF ��
AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of the W ASN�
alley bounded by McKenzie and Cogean Avenues and 12th Street and Sheldon Boulevard in the City of
Bremerton.
PASSED by the City Council the 21 st day of May, 2008.
The full text of this ordinance is available from the City Clerks Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
May 26, 2008 ............................AD #20068581