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�tJBti� W4RKS +!� UTfL1 T`/�ES � ... .. . - �
�En�ineerfng ti�v�s�on ;.� :�� : �
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t�ctober 5. �O 1 U , . :��� : �� �
�.� ., �;��a:
Snice B�:ard
11� 2 A��en��e S. �'uire. lOG
�f�3110T1G�S, �,�1'� 9����
R�: Canr�llatian c�f'�'a�a�i�n r�f Portion of' Cai I3oule��ard
II}�ar Mr. Beard:
The City of Br�me,rton i� r��cincling the v�catic�n. approv� c�n �ctc�ber 15, ��0� tivith C3r�lin�nr.e
No. ��b1. The �jacatian �as app�ro�red w twa ite�ns ne�eding completic�n t�efore t�eit�g
reec�rded:
s Th� ean��y{�nc� �f th� n�ti�; r��l�t-�#=i��a� to fi1�c Cit�.
• A p�rformanc.e bonc� in the amc�unt t�f I �0°.�� af th� estimated cQ�t for th� new stre�t
imprc���ernc:nts.
�u�ce these cc�nditions ha�r� not t�een n��t, th� Cit�� is �ro��c�ing tt� repeal the �rdi��ance. �1 ne�x
�pplicalicsn anc� a�pro��� thxcau�h Cih �t�uneil is ret�iureci far a.ny futut� ti�a��tit�n t�fC�rr I3ouleti°ard
�nd fiiture cle�elopitlent.
If yau ha�c;e �nv questic�ns c�r ne�d �dd�tic5nal inf�r�aYio��, p�ea.�� f�el tr�e tc� cc�z�ta�t j at
360.473.23�� or �nna� ft�id�il���n b�•em�rr�r� v�Ja us.
Sincerely.
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unnar Fridrikss��n, �'.I,.�., P,�:.
�iviI Engi7����• TI
�,ft�r�v
cc, Rager A.. Lt�t�crvich, �it�� Attorne�r
Larr}� Ntat�I, F.E., I�I�n��ing E�it�e�e-Tr�1j:�pt��t�tiun
C.arol ���et�� Ci�y� Glerk
�1Ci��� ���'(j, �:ily' ��d11L1iP
�� 7 �}���
ORDINANCE NO. 5 0 6 1
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of Carr Boulevard and reserving certain
easements in the City of Bremerton.
WHEREAS, the City received a petition to vacate the northerly 320 feet of Carr
Boulevard to Lyle Avenue, in the City of Bremerton.; and
WHEREAS, the City passed Resolution No. 3069 setting a hearing date to
consider the vacation of 13,055 square feet of Carr Boulevard, 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 October 15, 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 II Right of Way and compensation will be paid in the
form of the new roadway dedication of approximately 13,050 square feet 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 the portion of said streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION]. Recitals. The foregoing recitals are incorporated as if fully set forth
herein.
SECTION 2. Vacation. That portion of the northerly 320 feet of Carr Boulevard
to Lyle Avenue 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 subject
to the following condition:
1
Vacation of a Portion of Carr Boulevard
and Reservation of Easements
The abutting property owner shall dedicate a new right -of -way as
described in Exhibit B attached hereto and incorporated herein by this reference,
or as otherwise approved by the Director of Public Works and Utilities or
designee.
The street vacation herein shall be effective upon the recording of a dedication of the new
right -of -way.
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 Puget Sound Energy for operation, maintenance and
repair of power 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 S. 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.
PASSED by the City Council the / day of jl' ,�) , 2008.
WILL MAUPIN, ouncil dent
Approved this 11,1 -AL day of � , C�E.� , 2008.
CARY B EMA , Mayor
2
Vacation of a Portion of Carr Boulevard
and Reservation of Easements
ATTEST: APPROVED AS TO FORM:
1- A&Ao) w41b
CAROL EFE14, City Jerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the 2 104L day of , 2008.
EFFECTIVE the cy&&, of , 2008.
ORDINANCE NO. .-::FAp(o /
R: \Legal \Legal \Ordinances\Public Works & Utilities \Vacation - Carr Blvd.doc
3
Vacation of a Portion of Carr Boulevard
and Reservation of Easements
EXHIBIT A
LEGAL DESCRIPTION
FOR
VACATED PARK DRIVE (AKA CARR BLVD)
All that portion of Park Drive (ADA Carr Blvd.) that fronts Lots 3, Lot 4 and Lot 6
of Brentwood Park, Volume 5, Page 6 of Plats, records of Kitsap County,
Washington and lies between the Northerly end and the Southerly end of the
following described line:
Commencing at the Northwest corner of the Northwest quarter of the Northwest
quarter of Section 16, Township 24 North, Range 1 East, W.M.; thence South 2
39' 15" West, along the West line of said subdivision 95.71 feet; thence South
88 39' 44" East, 25.00 feet; thence South 2 39' 15" West, 41.01 feet, to the
South right -of -way line of State Highway No. 21; thence South 88 39' 44" East,
along said right -of -way line 20.01 feet to the Point of Beginning of said mentioned
deed line; thence South 2 39' 15" West, 169.07 feet; thence South 18 08' 45"
West, 93.58 feet; thence South 2 39' 15" West, 115.00 feet; thence South 43
46' 13" East, 36.22 feet to the North line of a re- located Carr Blvd.; thence North
89 48' 19" East, 165.36 feet to a point of curvature; thence Southeasterly along
the arc of a curve to the right, having a central angle of 36° 52' 12 ", a radius of
200.00 feet, an arc distance of 128.70 feet; thence North 89 48' 19" East, 0.95
feet and the end of said line description.
EXHIBIT B
LEGAL DESCRIPTION
FOR
RE- LOCATED CARR BLVD RIGHT -OF -WAY (DEDICATION /DEED)
Said right -of -way being a 40 foot wide strip of land in that portion of Lot 4 and Lot 6 of
Brentwood Park, according to Plat recorded in Volume 5, Page 6 of Plats in the
Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1
East, W.M., in Kitsap County, Washington, being 20 feet on each side of the centerline,
described as follows:
Commencing at the Northwest corner of said Northwest quarter of the Northwest
quarter; thence South 2 39' 15" West, along the West line thereof, 557.23 feet to the
Beginning of the centerline of Re- located Carr Blvd.; thence North 89 48' 19" East,
212.65 feet to a point of curvature; thence Southeasterly on a curve to the right, having
a central angle of 42° 32'26", a radius of 180.00 feet, for an arc distance of 133.65 feet
to the centerline of existing Carr Blvd and a point of compound curvature and the end of
said centerline description.
(Bearings are based upon the Washington State Coordinate System —North Zone.)
and
LEGAL DESCRIPTION
FOR
LYLE AVENUE (DEDICATION /DEED)
The portion of Shaw's land to be deeded from the Shaw's to the City of Bremerton, is all
that portion of Lots 3 and Lot 4 and Lot 6, Brentwood Park, as recorded in Volume 5,
Page 6 of Plats, records of Kitsap County, Washington, which lies Westerly from the
following described deed line:
Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter
of Section 16, Township 24 North, Range 1 East, W.M.; thence South 2 39' 15" West,
along the West line of said subdivision 95.71 feet; thence South 88 39'44" East, 25.00
feet; thence South 2 39' 15" West, 41.01 feet, to the South right -of -way line of State
Highway No. 21; thence South 88° 39'44" East, along said right -of -way line 20.01 feet
to the Point of Beginning of said mentioned deed line; thence South 2 39' 15" West,
169.07 feet; thence South 18° 08'45" West, 93.58 feet; thence South 2 39' 15" West,
115.00 feet; thence South 43 46' 13" East, 36.22 feet to the North line of re- located
Carr Blvd. and the end of said deed line description.
7
AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 240294
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:
October 20, 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 October 29, 2008.
r o
Notary Public in and for the State of Washington, Kitsap County.
r
ORDINANCE NO. 5061 %r tl �" ° ` O
AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of
streets, vacating a portion of Carr Boulevard and reserving certain easements in the City of Bremerton.
PASSED by the City Council the 15th day of October, 2008.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
October 20, 2008 ......................AD #20078421