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Home My WebLink About5151 ORDINANCE NO. 5151 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of alley between Werner Road, Monroe Street, Blumer Street and Auto Center Boulevard WHEREAS, David Barcelon has petitioned the City to vacate the westerly 510 feet of the alley adjacent to Blumer Street, and WHEREAS, the City passed Resolution No 3140 setting a hearing date to consider the vacation of a portion of alley for David Barcelon between Werner Road, Monroe Street, Blumer Street and Auto Center 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 June 15, 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, the applicant vacated the easterly portion of the alley February 1, 1995 by Ordinance No 4501, and WHEREAS, all adjacent properties surrounding the alley are owned by applicant, and WHEREAS, the alley was created with recording of the plat of Leibly & Blumer's 1 St Addition to Bremerton Heights on June 11, 1909 but has never been improved and is Class 3 right -of -way requiring no compensation be paid, 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. Vacation The alley between Werner Road, Monroe Street, Blumer Street and Auto Center Boulevard in the City of Bremerton, as described in Exhibit A, 1 Vacation —Alley between 13' and I P Streets, West of Warren Avenue which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners with no conditions SECTION 3. Reservation of Easements No public or private utility easements are required within the 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 PASSED by the City Council the �`-` day of ' 2011 ' Je� 7�X2� r WILL MAUPIN, ounce sident Approved this day of .T�Ltl1 , 2011 g�A M ' PATTY L T, ayor ATTEST APPROVED AS TO FORM A240 CAROt ETGEN, C ty Clerk G A L OVICH, Crty PUBLISHED the day of �� , 2011 EFFECTIVE the day of t Z4U 2011 ORDINANCE NO 2 Vacation —Alley between 13 and 15` Streets, West of Warren Avenue 00i= l 37YJS C�i7p / ' u I'� / LLJ \ ^^ LLI ir 0 .mss' ( D / • � (t� O — 1 b W E W Li W � 9� o o _ •--� �r�„ s , O O O QF -W O z W �- oh�� Q 1 1 a I S U 3, C s ny .yin Z I va 16 e, LL- LLJ a c r7th c i3.J ��F � ri c M� � u s e .✓ 2� v � STREET VACATION REQUEST PORTION OF ALLEY IN BLOCK 1 OF THE PLAT OF LEIBLY & BLUMER'S 1sT ADDITION TO BREMERTON HEIGHTS ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: June 15, 2011 PREPARED BY: Gunnar Fridriksson SUMMARY Applicant David R Barcelon 4701 Auto Center Boulevard Bremerton, WA 98312 Location The westerly 510 feet of the alley adjacent to Blumer Street BACKGROUND The easterly portion of the alley has been previously vacated in 1995 with Ordinance No 4501 for the applicant's development of the Truck Town dealership The existing alley is an undeveloped dead end right of way which has no potential for development by the City All adjacent properties surrounding the alley are owned by the applicant A title anomaly was uncovered in review of the right of way designation which was noted to the applicant The applicant requested the City place the vacation in stasis until it could be resolved The resolution was accomplished by additional title research and a legal action RIGHT OF WAY CONDITIONS • Functional Classification Local Access • Existing R -O -W Width 14 feet • Proposed R -O -W Width N/A • Pavement Width None • Surface Type None • Curb and Gutter No • Sidewalks No March 2011 Portion of Alley in Block 1 of Leibly & Blumer's 1 st Addition to Bremerton Heights Page 1 of 4 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 This portion of the alley is not required for public use 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 unimproved 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 use 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position The applicant owns all adjacent abutting properties SHORELINE ACCESS This portion of right -of -way does not provide shoreline access March 2011 Portion of Alley in Block 1 of Leibly & Blumer's 1 Addition to Bremerton Heights Page 2 of 4 UTILITIES All private utility companies have been contacted and a review conducted of the public utilities No permanent utilities easements are needed SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated COMPENSATION This right -of -way is Class 3, as it was dedicated to the City with the recording of the plat of Leibly & Blumer's 1 st Addition to Bremerton Heights on June 11, 1909, but has never been improved As such, no compensation is owing The area of the portion to be vacated is 10,335 square feet 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 March 2011 Portion of Alley in Block 1 of Leibly & Blumer's 1 st Addition to Bremerton Heights Page 3 of 4 • tw ISM y5 , : � /` �!'�"�'i' /,`� Nom: sn �+- .y,,_q �• _, - .nom► ��,,�� ? �,. �� ?: �,� 1 .. t , � `� ► LLB -.�{ �� . � v� �1 � R j _ ...,i .t c.-,,.,'�x. f'1C. ;_ tire._ ✓ I� - �A.,�F e w� °�"^"� - v r�� ,� .n Y � 4 'J,J�16j � If . t • -. , z. �r,+1r f„ tx- "s- j'sY„y -�„s ��_ ,,,tom -.=i*� {tea �'�«'7` _ � . �-• 7!s`�r' ]`t��.�- .• -' "`� r`' ._.`• t,..,"c L tar4;�•+ ,.t ti t. <r l y y � ,, � v �� 0 �L�:;�F j t r ti 7 AFFIDAVIT OF PUBLICATION Account #42742 AD #272900 STATE OF WASHINGTON COUNTY OF KITSAP 1, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on June 20, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 28, 2011 A G'V ky Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5151 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of alley between Wemer Road, Monroe Street, Blumer Street and Auto Center Boulevard PASSED by the City Council on the 15th day of June, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 June 20, 2011 Ad #20114031 l i I