HomeMy WebLinkAbout5149 ORDINANCE NO 514-1
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of an alley
between 13 Street and 15 Street, West of Warren Avenue in the
City of Bremerton.
WHEREAS, Olympic College has petitioned the City to vacate the alley to
construct a new parking lot, and
WHEREAS, the City passed Resolution No 3137 setting a hearing date to
consider the vacation of an alley for Olympic College between 13 and 15 Streets, West of
Warren Avenue, 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 18, 2011, 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 has determined that it is in the best interest of the
public to proceed with the vacation, and
WHEREAS, this is a Class I, Class II and Class III right of way and
compensation is required in accordance with BMC 1120 140, and
WHEREAS, Olympic College, as a government entity, requested a waiver of
compensation and fees under BMC 1120 140 E, and
WHEREAS, the City Council has determined that such a waiver is not in the
public's interest and advantage but that provisions for deferring compensation and fees are
appropriate, and
WHEREAS, Olympic College has requested to defer compensation and fees for
the alley vacation in accordance with BMC 1120 140(D) for rights of way intended to be
dedicated to the City by Olympic College along 13 Street and Warren Avenue, and
WHEREAS, the value of these future dedicated rights of way may exceed the
compensation for the alley vacation, and
WHEREAS, Olympic College intends to request the vacation of additional rights
of way within the college campus; and
WHEREAS, Olympic College intends to seek an agreement with the City to apply
1
Vacation —Alley between 13` and 15' Streets,
West of Warren Avenue
the value of any dedicated rights of way in excess of the compensation owed to the City for this
alley vacation to compensate for future rights of way that may be vacated at the college's
request, and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated until such time as new easements are granted by Olympic College
to replace the City's reserved easements, 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 The alley between 13 Street and 15 Street, West of
Warren 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 conditions
(a) Compensation for this vacation as set forth in Section 3 below
(b) Reservation of easements as set forth in Section 4 below
SECTION 3. Compensation
(a) Compensation for this vacation, calculated to be $92,498.00, shall be paid to the
City by Olympic College, in money or dedicated right of way, or both, as set forth in this Section
3
(b) Deferred compensation and fees for this vacation has been requested by Olympic
College because it anticipates dedication of rights of way to the City in the future.
(c) The City agrees to defer compensation for up to three years from the date of
adoption of this Ordinance. The deferral of compensation shall not delay the effective date or
recording of this Ordinance
(d) As new rights of way are dedicated to the City, the value of the dedicated rights of
way will be applied against the $92,498 00 compensation The dedicated rights of way shall be
valued using the same per square foot value as the Class I right of way vacated under this
Ordinance
(e) The City and Olympic College shall maintain a ledger accounting for 1) the value
of all rights -of -way dedicated to the City by Olympic College after the date of this Ordinance, 2)
the balance of compensation remaining to be paid by Olympic College for the right of way
vacated by this Ordinance, and 3) the value of any dedicated right of way in excess of the
compensation owed to the City under this Ordinance
(f) If Olympic College has not, within three years of the effective date of this
ordinance, dedicated rights of way to the City with a value of $92,498 00 or more, Olympic
College shall pay the City the remaining balance of compensation
(g) If the value of dedicated rights of way is greater than the $92,498 00 in
compensation owed for this vacation, the City is not obligated to make any payment to Olympic
College However, any such excess right of way value may be applied under BMC 11 20.140(D)
as compensation for future right of way vacations that may be requested by Olympic College
within three years of the effective date of this ordinance
2
Vacation —Alley between 13` and I Sth Streets,
West of Warren Avenue
SECTION 4. Reservation of Easements
(a) An easement is reserved to serve the two single family properties at 1334 and
1338 Broadway, for ingress and egress within the area vacated pursuant to this ordinance
(b) An easement is reserved for Comcast for operation, maintenance and repair of
services within the area vacated pursuant to this ordinance
(c) An easement is reserved for Puget Sound Energy for operation, maintenance and
repair of existing services and appurtenances within the area vacated pursuant to this ordinance
(d) Olympic College intends to grant access easements to the two single family
properties at 1334 and 1338 Broadway for ingress and egress across the property of Olympic
College (the "Substitute Residential Access Easements ") that will replace the access easement
reserved above Upon recording of and delivery to the owner(s) of the properties benefited by
the Substitute Residential Access Easements, the easements reserved in Section 4, paragraph (a)
shall be automatically terminated with no further action required by the City or any other party
(e) Olympic College intends to grant utility easements to Comcast and to Puget
Sound Energy for operation, maintenance and repair of services within the area vacated pursuant
to this ordinance (the "Substitute Utility Easements ") The Substitute Easements shall require the
approval and consent of the benefiting utility Upon recording of the Substitute Utility
Easements, with the required consent and approval, the easements reserved in this Section 4,
paragraphs (b) and (c) shall be automatically terminated with no further action required by the
City or any other party
SECTIONS. Vested Rights No vested rights shall be affected by the provisions
of this ordinance
SECTION 6. 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 7 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 ' 2011
WILL N AUPIN, Co cil P sident
Approved this day of MA , 2011.
PATTY LE r,ayor
3
Vacation —Alley between 13` and IS` Streets,
West of Warren Avenue
ATTEST APPROVED AS TO FORM
CARO ETGE , City Clerk R ERA LUBOVICH, C ttorney
PUBLISHED the day of , 2011
EFFECTIVE the ,� y of , 2011
ORDINANCE N0
R \Legal \Legal \Ordmances\Pubhc Works & Utilities \Olympic College Alley Vacation doc
4
Vacation —Alley between 13 and 1 5 'h Streets,
West of Warren Avenue
NW COMER LOT 5
15t Street I 1
----- _ L19
S 884'16' E 15648' — -- —
t
1
6 i 2s Area to be I
I L21 Vacated '
s II
i I
L12- I
a tx Is
1
I
1 4 ,1
Scale: l"=
L 1 >
z
1 1
8 3 �I 3
1 Area to be H h I
z Vacated E E I '
-- 41-- — —_ C _ 1
I 1,13 Ltt I
1 LIS
I � I
g 2S I ZS 2 ' °S L9 I
1 W I IA
NW CORNER LOT i I
L17 _ LS I I
1
- Lawn: E 15&64 � L1
1
S 88 E 16748'
� 0 1
10
1
P 30' 30
jj 1 y
A S 88°23'4?' EE BUS
I '
I 13th Street
I
EXMIT A
Portions of the SE 1/4 of the NE 1/4
Section 14, T 24 N, R 1 E, W.M.
City of Bremerton, Kitsap County, Washmgton
STREET VACATION REQUEST FOR ALLEY BOUNDED BY 13 AND 15
STREETS — BROADWAY AND WARREN AVENUES
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: May 18, 2011
PREPARED BY: Gunnar Fndnksson
SUMMARY
Applicant Olympic College
c/o David C Mitchell
1600 Chester Avenue
Bremerton, WA 98337
Location Alley bounded by 13 and 15 Streets, and Broadway and Warren
Avenues, lying in the east half of Tract 7 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
BACKGROUND
Olympic College is currently completing campus improvements including replacement of
parking lots to new building construction The new parking lot will encompass the entire
block between the above mentioned streets rendering the alley useless for access
While there is an existing alley in place between 13 and 15 Streets, it is not within
continuous right of way between the two streets There are three separate parcels
shown as right of way divided by private property
The majority of the central portion of the alley was conveyed by Warranty deed in
January 1920 from E J and Minnie McCall, Kitsap County Auditor File #104413 to the
City of Bremerton and is Class I right of way The remaining central, northerly and
southerly portions of the alley were created by deed exceptions from the adjacent
private properties As such these portions of the alley are Class II right of way Usage
of the private property for the alley would be by prescriptive use and would be classified
as Class III right of way
RIGHT OF WAY CONDITIONS
• Functional Classification Local Access
• Existing R -O -W Width Varies — 0 to 14 feet
• Proposed R -O -W Width N/A
• Pavement Width 10 foot
• Surface Type Asphalt mostly, portion
gravel
• Curb and Gutter No
February 2011
Alley bounded by 13 15 Streets and Warren /Broadway Avenues
Page 1 of 4
• Sidewalks No
HEARING CONSIDERATIONS
BMC 1120 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
Alley is no longer needed as surrounding properties will become part of campus
parking lot The two remaining residences will be served by an easement
through the new parking lot
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
The improvements 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
No — property will remain vested with the College
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position
No objections have been received by staff There are two remaining residential
properties in the block and Olympic College is retaining an easement for them
across the new parking lot for access
SHORELINE ACCESS
This portion of right -of -way does not provide shoreline access
February 2011
Alley bounded by 13 "/15" Streets and Warren /Broadway Avenues
Page 2 of 4
UTILITIES
All private utility companies were contacted Comcast and PSE will retain an easement
for servicing the two remaining residences No City utilities are currently existing in the
alley, so no easement is required for the City of Bremerton Easements may be
released upon arrangements made for utility relocations
SUFFICIENCY OF SIGNATURES
Olympic college owns 94% of the adjacent properties
COMPENSATION
This vacation a mixture of Class I, Class II and prescriptive use or Class III right -of -way
as defined in City of Bremerton Ordinance 4664 The Class I right of way is 3,556
square feet and the Class II right of way is 4,450 square feet No compensation is
owing for Class III right of way Total compensation using 2011 Kitsap County value
assessments from the adjacent parcels will be
Class I Right of Way 3,556 sq ft x $16 /sq ft = $56,898
Class II Right of Way 4,450 sq ft x (0 5) x $16 /sq ft =$35,600
TOTAL $92,498
Olympic College has requested the City to defer compensation and fees for this
vacation in accordance with BMC 1120 140(D) for right of way to be dedicated along
13 Street and Warren Avenue Staff supports this request and compensation should
be deferred until the dedication is completed with a time limit of three (3) years from
passage of this vacation ordinance Should dedications not be completed in this time,
the full amount owing will become due
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
February 2011
Alley bounded by 13' Streets and Warren /Broadway Avenues
Page 3 of 4
I --
I
o
°a 1
° CD D 8 e
Looking northerly from 13 Street up alley
e® 9 V O
m
a
® o
O o
O
o d
Looking southerly from 15 Street down alley
February 2011
Alley bounded by 13 15 Streets and Warren /Broadway Avenues
Page 4 of 4