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Home My WebLink About5244 Return Address: ('itv of I3remcrton City Cl�rk 3�_5 6°i Screet. Suite b00 13ri;mcrion��'�19g337-1873 ---- -- -------- --- ' BREMERT'ON CITY OF 201601130091 01tl1312016R11•068RM$ 77.00 � • IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pd9e� ' of 5 � _ __ IIIIIIIIIII AUDITOR/RECORDER'S iNDEXING FORM DocumentTitle(s): 1. C?rdir�ance'�Io. S?�}4 IReference Number(s)of Documents assigned or released: �;-,^ � I Grantor(s): �, City of Bremerton iL__ Additional names on page __ _ of document. Grantee(s): 1. Mahay LLC � Additional names on page _ of document. � - --- -- — -- _._� �Legal Description: A portion of the NE '/a of the SW '/ of Section 15 Township 24 N.,Range 1 E,W.M. in �(abbreviated) Kitsap County,WA �� Additional legal is on page 4 of document. � �Assessor's Property Tax ParcellAccount Number: 3783-002-009-004 _ � � - - - - - -- ORDINANCE NO. 5244 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion , of Adele Avenue at the Bertha Avenue intersection. WHEREAS, the City passed Resolution No. 3213 setting a hearing date to consider the vacation of a portion of Adele Avenue at the Bertha Avenue intersection as a right - of -way, to take public comment or consider written objections to the vacation; and WHEREAS, the adjacent property owners petitioned the City to vacate the right - of -way area; and WHEREAS, the property to be vacated as a right -of -way is owned by the City in fee title an upon vacation is proposed to be conveyed to the adjacent property owner upon payment of consideration for the property; 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 April 2, 2014, 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 City Council finds it appropriate to reserve certain easements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals The foregoing recitals are incorporated as if fully set forth herein. SECTION 2 Vacation. The portion of Adele Avenue at the Bertha Street intersection, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated as a right -of -way and authorized to be conveyed by quitclaim deed to the abutting property owner subject to the following conditions: (a) Reservation of easements as set forth in Section 3 below. (b) Payment of compensation of $57,365.00 to the City for the area to be vacated. Upon meeting the conditions above, the Mayor is authorized to execute the quitclaim deed and other applicable documents. 1 Vacation & Conveyance — Portion of Adele Avenue SECTION 3. Reservation ofEasements. An easement is reserved within the area vacated to CenturyLink for its service facilities and to the City of Bremerton for existing and future utilities. SECTION 5. 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 r'i / , 2014. W Greg eler, Council President Approved this 2 0— day of /`TJ�IP -� L , 2014. PATTY N , Mayor A TEST: APPROVED AS TO FORM: SHANNON L. CORIN, City Clerk qR0 RA . LUB0VICH, PUBLISHED the day of /' 9 2014. EFFECTIVE the d y f Yi 9 2014. ORDINANCE NO. a R :\Legal\Legal \Ordinances\Public Works & Utilities\Adele Avenue vacation.doc 2 Vacation & Conveyance — Portion of Adele Avenue A.� ��u�up�A .�y� ��.•`�N E..OT�:. � � .•� •'o�� ' . ,c� � , 'S� ��h� � e�� ' = � � . o . o .�'`P�'Fsmss�o:��r � .� ss {sr�0. JQ�. � �e�� r; � •••��n��''' e ' F p� �' ' ' � o. � � ' L=47.39 /Z2_Z�(�{. Ed9e i��i R=25.00 � I — — '— — ��d=10836'15' — — Area to be �� ry4j�� i� �j' i' i� i�.. VOCOfe�I �: = i'rp�i� i' ,i� �i �i'�i yi' �7�� I (5914 sq.�f.) i �i �i � � � �' `� � � � 1\ I i i i � i . �� ,J i i � i i i �� C'G �� t�1 � / / c0 , � 45.97'� �� ^6,0� � �' �� ••� � � ,, N 89 21'38" W , �o�� ' �T �' ��; ,c�� ^ �' � ,� I ��5� � Z •' , '��' ,�' ,� �' � � I "'a�, ' �' i�/ , /i�' � �4 '� _� _ ._ O� �j�•/ /�/L L/� , �� I oo � / / i // / I I 0�g� � /� / /p � '��'' ,�' .• 'N , 02� , . I h ' �' �� N �/O � � �� ,00 � ��g i � �- - - - -� � ; T � I��15 t� R� o+ � v � �, �� , ' � � w I �� O, � I 5 � � , .r , ,- , o I ` ' , N88 42'10"W � �� --------- - --------- I Radial � O I w � i � � `� 25� m I G� � 0 ,�IO� ,'% r` a I �1-O � P��PR� ��— —o o � P 0 pR p N � � � o,�S�P�� .�PQ�g3 I} �� P LZ I SCALE 1 n=JO� JO EXHIBIT MAP DWN BY: a�K. �,r: B.J.M. S.E.0. CONSULTANTS INC MAHAYR LLC DAlE J08 No. P.a sox�o•snv�u�w,�sa�• �so�s�-.woo 1/21/14 5865 + �� CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS P.O.BOX 430 • 3472 N.�V.LOWELL"OLD TOWNE" • SILVERDr1I.E,�4'A 98383 • 360-692-(r}00 • FAX 360-692-8927 PORTION TO BE VACATED THAT PORTION OF LOTS 7 THROUGH 1 I AND LOT 33, BLOCK B,OYSTER BAY ADDITION TO PORT ORCHARD NAVY YARD, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 63,RECORDS OF KITSAP COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF KITSAP WAY BEING THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 33 WITH A LINE LYING PARALLEL WITH AND 150.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF KITSAP WAY; THENCE NORTH 47°52'S8" EAST ALONG SAID RIGHT-OF-WAY LINE 65.25 FEET TO THE POINT OF TANGENCY OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 108°36'15" FOR AN ARC DiSTANCE OF 47.39 FEET TO THE POINT OF TANGENCY OF A 300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 24°48'37"FOR AN ARC DISTANCE OF 129.91 FEET TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTH 36°24'43"WEST 112.80 FEET TO A POINT ON THE SOUTH LINE OF SAID GOT 8 WHICH LIES 69.00 FEET WEST OF THE SOUTHEAST CORNER THEREOF;THENCE NORTH 89°21'38" WEST ALONG SAID SOUTH LtNE AND THE SOUTH LINE OF SAID LOT 33 A DISTANCE OF 45.97 FEET TO THE POINT OF BEGINNING. •� .,�, 1-22-2U14 seo ��'� :: "`smaa �4c;; �:,. �j�J°o�e Qca�b4:,^f;;.°�ttiL�S�,,e A� Ams � fi, r'^_''C�y � or 4 coj o "` �:'; ��, o �,'��',-'i � m (�"`.' 0 m '-.=��:i':• e � o =,�,iF. O �b,� e O,� oo��E��e'�, 00 �. JQOd / ZV` � •ee�°0�au oaa0000�0� /-lli / AFFIDAVIT OF PUBLICATION Account #42742 AD#20140015 STATE OF WASHINGTON COUNTY OF KITSAP I. Teresa Hull. 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 lime, 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 April 7, 2014 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 S34 74 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day ol'April 21, 2014 ORDINANCE NO 5244 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of Adele Avenue at the Bertha Avenue intersection PASSED by the City Council on the 2nd day of April, 1 .014 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 APR 7, 2014 AD#20140015 NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08, 2016