HomeMy WebLinkAbout5258 Return Address: City of Bremerton
City Clerk
345 6`h Street, Suite 600
Bremerton,WA 98337-1873
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' BREMERTON CITY OF 201601130089
82.00 Paee� � of 10
Ordinance Rec Fee• $ ,
01113/2016 11 06 RM
Dolores G►lmore� Kitsap Co Ruditor
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 5258
Reference Number(s)of Documents assigned or released: N/A I
Grantor(s): 1. City of Bremerton
� Additional names on page of document.
Grantee(s): 1. Olympic College Dean of Business
I I I Additional names on page __ of document.
�—
Legal Description: portion of the NE %,of Sec. 14,T 24,R 1 E,W.M.,Kitsap County,Washington
(abbreviated)
�� Additional legal is on page 5, 7, 8 of document.
Assessor's Property Tax Parcel/Account Number: 3804-006-001-1006
ORDINANCE NO. 5258
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of a portion of
Chester Avenue in exchange for dedication and construction of
Broadway Avenue between 16th and 18th Streets.
WHEREAS, Olympic College has initiated the vacation in accordance with
Bremerton Municipal Code (BMC) 11.20.070; and
WHEREAS, the City passed Resolution No. 3225 setting a hearing date to
consider the vacation of portions of Chester Avenue in exchange for dedication and construction
of Broadway Avenue between 16th and 18th Streets for Olympic College, 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 August 20, 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; 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 ofRiaht-or WaY. That portion of Chester Avenue legally
described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are
attached and incorporated herein by this reference, are hereby vacated to the abutting property
owners subject to the reservation of easements, if any, as applicable.
SECTION 3. Reservation of Easements.
(a) 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.
(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.
1
Olympic College Vacation of
Chester/Dedication of Broadway
(c) 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. Dedication of'Right-of-Way. Portions of Tract's 5 and 6 of the plat
of Warren Smith's Acre Tracts legally described in Exhibit C, and further shown on the site plan set
forth in Exhibit D, which exhibits are attached and incorporated herein by this reference, are hereby
dedicated as City right-of-way.
SECTION S. Vested Rikhts. No vested rights shall be affected by the provisions
of this ordinance.
SECTION 6. Severability. If any one or more sections, 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 of the City of Bremerton, Washington this �O day of
2014.
" V v
GR G EELER, Council President
Approved this day of�� , 2014.
PATTY L , Mayor
APPROVED AS TO FORM: ATTEST:
'(�14.1 ,
ROGER A. LU OVICH, City Attorney SHANNON CORIN, City Clerk
2
Olympic College Vacation of
Chester/Dedication of Broadway
�J '
PUBLISHED the day of /�''� 12014.
EFFECTIVE the day of C M4M , 2014
ORDINANCE NO. _�)2*2
R:\Legal\Legal\Ordlnanccs\Public Works&UtihticsNacation-Dedication for OC-Chcsicr-Broadway.doc
3
Olympic College Vacation of
Chester/Dedication of Broadway
EXHIBIT "A"
(RIGHT OF WAY VACATION)
That portion of Chester Avenue and that portion of 16th Street lying within Tract's 5 and
6 of the plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of Plats, page 51,
records of Kitsap County, Washington; described as follows:
Commencing at a brass disc monument, in case, at the intersection of Chester Avenue
and 16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and
105, records of Kitsap County, Washington:
Thence North 1°06'30" East along the centerline of said Chester Avenue a distance of
126.21 feet;
Thence North 88053'30" West 30.00 feet to the West right-of-way margin of said
Chester Avenue and the Point of Beginning;
Thence North 1006'30" East along said right-of-way margin a distance of 360.89 feet;
Thence South 88022'25" East 60.00 feet to the East right of way margin of Chester
Avenue;
Thence South 1006'33" West 300.45 feet along said East right of way margin to the
beginning of a curve to the left;
Thence 143.86 feet along the arc of a 155.00 foot radius curve to the left, said curve
having a chord bearing of South 25028'50" East, 138.76 feet to a point on a curve,
concave to the Southeast having a radius of 55.50 feet from which the radius point
bears South 52037'39" East;
Thence southwesterly (counterclockwise) and leaving said right of way margin, along
said curve an arc distance of 30.46 feet through a central angle of 31°26'55" to a point
on a curve, concave to the Northwest having a radius of 10.50 feet from which the
radius point bears North 84°04'34" West;
Thence southwesterly (clockwise) along said curve an arc distance of 4.76 feet through
a central angle of 25058'38" to a point on a curve, concave to the Southeast having a
radius of 17.00 feet from which the radius point bears South 58005'56" East;
Thence southeasterly (counterclockwise) along said curve an arc distance of 12.75 feet
through a central angle of 42°57'49" to a point on a curve, concave to the Northeast
having a radius of 200.00 feet from which the radius point bears North 33025'14" East;
Thence northwesterly (clockwise) along said curve an arc distance of 140.54 feet
through a central angle of 40°15'46";
Thence North 88°53'30" West, 24.17 feet to the Point of Beginning.
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Warren Smith's Acre Tracts
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30' 30'
VAC-OCT 2013
26,796 Sq.Ft. _ –
0.62 Ac. r
Vacation Area
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True Point
of Beginning
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Vacation Exhibit "B"
A Portion of the NE 114
=J N.L Olson & Associates, Inc. Section 14, T 24 N, R 1 E,W.M.
(360)895-2350 or(360)876-2284 City of Bremerton
Project No.9241 Kitsap County,Washington
EXHIBIT"C"
(RIGHT OF WAY DEDICATION)
That portion of Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts,as recorded in
Volume 2 of Plats,page 51, records of Kitsap County,Washington, located within Gov't
Lot 3,Section 14, Township 24 North,Range 1 East,W.M.;described as follows:
Commencing at a brass disc monument,in case,at the intersection of Chester Avenue
and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and
105, records of Kitsap County,Washington;
Thence South 88"27'27" East along the centerline of said 1611, Street a distance of
331.69 feet to a brass disc monument,in case,on said centerline;
Thence continuing along said centerline South 88"27'03"East, 153.92 feet;
Thence North 1"32'57" East 30.00 feet to the North right of way margin of said 16th
Street and the Point of Beginning;
Thence North 84"04'04• West, 115.85 feet;
Thence North 01"00'00" East,536.30 feet to the Southerly right of way margin of 18th
Street;
Thence North 88"25'55"West,51.00 feet along said Southerly right of way margin;
Thence South 01"00'00"West and leaving said right of way margin a distance of 527.39
feet;
Thence North 84"04'04"West,100.79 feet to the beginning of a curve to the right;
Thence 18.61 feet along the arc of a 48.50 foot radius curve to the right, said curve
having a chord bearing of North 73"04'22"West,18.50 feet;
Thence North 62"04'40"West,43.99 feet to the beginning of a curve to the left;
Thence 78.03 feet along the arc of a 55.50 foot radius curve to the left, said curve
having a chord bearing of South 7798'50" West, 71.76 feet to a point on a curve,
concave to the Northeast,said point being on the existing right of way margin of 16th
Street,having a radius of 155.00 feet from which the radius point bears North 37"5546"
East;
Thence 93.61 feet, on said right of way margin,along the arc of a 155.00 foot radius
curve to the left,said curve having a chord bearing of South 69"22'21"West,92.20 feet;
I
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(Exhibit "C"cont.)
Thence South 86"25'23" East,72.54 feet
Thence South 88"27'27" East,80.44 feet
Thence South 88"27'03" East, 153.92 feet to the Point of Beginning.
AND:
That portion of Tract 6 of the plat of Warren Smith's Acre Tracts,as recorded in Volume
2 of Plats,page 5 I, records of Kitsap County,Washington,located within Gov't Lot 3,
Section 14, Township 24 North,Range 1 East,W.M.;described as follows:
Commencing at a brass disc monument,in case,at the intersection of Chester Avenue
and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and
105, records of Kitsap County,Washington;
Thence South 88"27'27" East along the centerline of said 16th Street a distance of
153.23 feet;
Thence South 1"32'33" West, 30.00 feet to a point on the south right of way margin of
said 161h Streetthe Point of Beginning;
Thence North 88"27'27"West, 16.56 feet to the beginning of a curve to the right;Thence
81.82 feet along the arc of a 60.00 foot radius curve to the right,said curve
having a chord bearing of North 49"23'21"West, 75.63 feet to a point on a curve to the
left concave to the northeast having a radius of 200.00 feet from which the radius point
bears North 33"2514" East;
Thence 80.81 feet along the arc of a 200.00 foot radius curve to the left, said curve
having a chord bearing of South 68"09'17"East,80.26 feet;
Thence South 01"32'33"West, 19.82 feet to the Point of Beginning;
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15.06'
18th St.
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TRACT 5 2
Warren Smith's Acre Tracts
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30' 3a
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A
6
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Right-of-way
Dedication Area
7 Proposed
Cure-sac Point of
Beginning4
16th St A
point ofommencng Beginning
8
Right-of-Way
TRACT 6 Dedication Area 3
Scale: V=
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Olympic College, Bremerton
���HAL LAtt�S� Right-of-Way Dedication
Exhibit"D"
A Portion of the NE 1/4
L=J N.L Olson &Associates, Inc. Section 14,T 24 N, R 1 E,W.M.
(360)893-2350 or(360)876.2284 City of Bremerton
Project No.9241 Kitsap County.Washington
AFFIDAVIT OF PUBLICATION
Account#42742 AD#20142940
STATE OF WASHINGTON
COUNTY OF KITSAP
1,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 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 Aug.
25, 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$37.30.This amount has not been
- paid in full. �z . - - -
(Signature of Principal
NOTARY PUS3Irly
Subscribed and sworn to before me this day of September 4,2014. STATE OF WASHINGTON
CHRISTY M MOFFITT
CMy Appointment Expires July 08,2016
ORDINANCE NO.5258
AN ORDINANCE of the City Council of the City of Bremerton,Washington,relating to the vacation of a
portion of Chester Avenue in exchange for dedication and construction of Broadway Avenue between 16th
and 18th Streets.
PASSED by the City Council on the 20th day of August,2014.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,
Bremerton,WA 98337.
AUG. 25,2014
AD#20142940