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HomeMy WebLinkAbout5119 ORDINANCE NO. S H q AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the surplusing and transfer of Parks property located at the northwest corner of 11" Street and Warren Avenue to City right -of -way for the roadway improvements. WHEREAS, the Parks Board recommended surplusing Parks property located at the northwest corner of 11 Street and Warren Avenue in March of 2006; and WHEREAS, the City Council previously approved selling a portion of the property with Resolution No. 2993 in June of 2006, but deferred transfer of the remainder of the property until further review of the project was completed; and WHEREAS, review of the right -of -way plans and environmental consideration where completed and approved by the Washington State Department of Transportation (WSDOT) in March of 2010; and WHEREAS, the City now requires the transfer of the remnant parcel to be completed as part of the right -of -way acquisitions required for the project; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the intersection improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. The foregoing recitals are incorporated as if fully set forth herein. SECTION Z That portion of the Park property, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby surplused and transferred to the street system for right -of -way. SECTION 3. Easements previously recorded against the property being surplused and dedicated to right -of -way herein are hereby extinguished as the property is now classified as Type I right -of -way. SECTION 4. 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 1 11 1h & Warren Park PropertyTransfer to ROW validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. 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 ' 2010. offor ouncil President Approved this day of , 2 10. PATTY L , Mayor AT ST: APP O FORM: CAROL TGEN, Ci Clerk ROUER A. L OVICH, City Attorney _PUBLISHED the � - day of &Za 2010. EFFECTIVE the _z9AYe day of , 2010. ORDINANCE NO. R: \Legal \Legal \Ordinances\Public Works & Utilities \Transfer of 11' & Warren Park Property to ROW.doc 2 1P & Warren Park PropertyTransfer to ROW EXHIBIT A A portion of Lot 1 of Tract 8, of the Plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southwest quarter of the southeast quarter of the northeast quarter of Section 14, T. 24 N., R. 1 E., Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at the east quarter corner of said Section 14 and an existing monument in case, thence along the south line of said northeast quarter of Section 14, N 88 0 25'05" W 665.47 feet to the southeast comer of said southwest quarter of the southeast quarter of the northeast quarter, also being an existing monument in case; thence N 21 W 206.45 feet to the southerly right of way of 12 Street, also being the True Point of Beginning; thence leaving said southerly right of way, S20 106.87 feet; thence S1 0 01'26"W 21.46 feet to the northerly right of way of 11 Street; thence along said northerly right of way, S88 0 58'34 "E 46.56 feet; thence N89 "E 36.73 feet to the intersection with the westerly right of way of Warren Avenue; thence along said westerly right of way, N01 0 33'06 "E 120.42 feet to the intersection with the said southerly right of way of 12 Street; thence westerly along said southerly right of way to the True Point of Beginning. July 21, 2010