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HomeMy WebLinkAboutPETERS POINDEXTER HUMPHREY " ~ Filed for Record at Request of: BR' : },f · ~t:.,~IO~ CITY 0: , ''''l OkO jJ $lUt. 3246388 P<lge: 1 of 3 ~4/e4/2888 88:88A Kl tS<lp COI WA When Recorded Return to: Name: Address: Bremerton City Clerk 239 Fourth Street Bremerton. WA 98337 Document Title: Ordinance No. 3(0 q7 Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF PETERS STREET, LOTS 13 AND 14, BLOCK 23 AND LOTS 1,7, AND 8, BLOCK 24, PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, SEC 21, T. 24 N., R. 1 E. ORDINANCE # 4 <0 'i 7 AN ORDINANCE Vacating a 60 feet wide by approximately 250 feet long area of right-of-way located along Peters Street between Poindexter Avenue and Humphrey Avenue. WHEREAS, Mr. Charles Haselwood has been petitioned to vacate this undeveloped right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. ~ THAT PORTION OF PETERS STREET, LOTS 13 AND 14, BLOCK 23 AND LOTS 1, 7 AND 8, BLOCK 24, PLAT OF OLE HANSEN'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 15, BLOCK 23, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE WEST ALONG THE NORTH LOINE OF SAID LOT 15 A DISTANCE OF 48 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH LIES 30 FEET SOUTHEASTERLY OF TAND PARALLEL WITH THE CENTERLINE OF SAID PETERS STREET AND THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 15 A DISTANCE OF 40 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 EAST OF AND PARALLEL WITH THE CENTERLINE OF POINDEXTER AVENUE; THENCE NORTH ALONG SAID LINE 44 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF PETERS STREET; THENCE NORTHEASTERLY ALONG SAID LINE 279 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF HUMPHREY AVENUE; THENCE SOUTH ALONG SAID LINE 95 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE LYING 30 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF PETERS STREET; THENCE SOUTHWESTERLY ALONG SAID LINE 214 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Section 2. Reservation of Easements. Easements are reserved for all public. utilities which have been established within the right-of-way subject to this vacation ordinance. An easement is reserved for Puget Sound Energy utilities and is described as follows: A STRIP OF LAND, 10 FEET WIDE AND 160 FEET LONG LYING WITHIN THE NORTHWESTERLY PORTION OF THAT PORTION DESCRIBED AS FOLLOWS: WITHIN THE NORTHERLY PORTION OF PETERS STREET AND LYING IN A NORTHWESTERLY DIRECTION FROM POINDEXTER STREET TO BE RESERVED FOR PUGET SOUND ENERGY'S UTILITY RIGHTS. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this fr),.J '1:-Uh , 2000. ~ASSED by the City Council of the City of Bremerton this /SIA , A1'.it ~ ,2000. ' day of day of I I B~E: ER I uN C., Y u,: 3246388 Page: 2 of 3 S4/S4/'2SSS se: SeA (.~~ $~S, )S Ki tsap Co" ~~A 'lo a~a~ CAROL ARENDS, Council President APPROVED this ,:;,'IuL day of ~ ) , 2000. ,~~ '11. Y-LL ~TON, Mayor EFFECTIVE DATE d- d/- O...Q PUBLICATION DATE 0. d../- 00 ORDINANCE NUMBER ...- ~6._q 7 ~..,_ I I , BR' .-...1_ .1:(IO~ C,' )r . . I CR[ I $. ~, ~s 3246388 P <1ge : 3 of 3 ~4/'~4>/2~~~ ~8: ~8A Ki tsap Co.> WA '" AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # 4(0 q 7 , VACATING PETERS STREET RIGHT-OF-WAY FROM POINDEXTER A VENUE TO HUMPHREY AVENUE FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: i5' M arc h.K' 2000 PW &U Engineering Div. Randy Witt, City Engineer February 29, 2000 P ~~ ( U1' \ 2. CLEARA1~CES: (comment on back i nec Director, Public W orkslUtilities City Attorney City Treasurer Director, Community Development Council Budget & Finance Committee Operations Committee 3. EXHIBITS A. Ordinance # 4(OQ 7. B. Vicinity Map. C. Staff Report. ENDORSEMENJ~ INFQRMATION_ MAYOR ~~lJ 1-/.-.. f.-- 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: APPROVED BY COUNCIL PRESIDENT FOR SUBMITIAL: COUNCILPRESIDENT ~L-d' /Uv?t-<~ City staff has received a petition to vacate Peters Street right-of-way between Poindexter and Humphrey Avenues. A hearing date of March 8, 2000 was set by City Council on February 8, 2000 to hear this request for vacation. This right-of-way consists of approximately 250 feet by 60 feet of undeveloped area, much of which is on a steep slope. The vacation is being requested to eliminate a piece of undeveloped right-of-way and increase the buildable area of the abutting properties. Posting of the hearing notices and mailings to the adjacent property have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation of Peters Street. 8. RECOMMENDATION: ~.~. I.lv.lvu LV .....Pt'~- t1 _ dL_L_d 8.JL........"'''', . __"d~~~o r ~"".., JU,",,",L Ll&u V.l.-wuy, B. Motion to pass Ordinance #4tQ q 7 ' vacating Peters Street right-of-way. o\'\..S~o~ tea.d.;"'-J' 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE OF ACTION APPROVED / DISAPPROVED 5>~s //~ t::;f;: !lft~~ ~L V~ ~Jo ~ -r- ~ AMENDED COUNCIL DIRECTIVE DATE: AGENDA BILL NO: 00- O,er .,. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way with no future plans for public access development. Adjacent property owners will be restricted from developing in this area. .. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOillPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of-Way RCW 35.79 Streets 99331 ~- - :E w w en 33 '.( v A 11" .. JIDo> WERNER RD "I ilil" ~ ~ ~ ili ii 21 Iil PENDEHGA:). ~JA/{[( ~ PrOfo~J ,- VLJ,C"p- j; 0 ~'\ JD>- 3200 'A 3200 'A """ "'''''F ,," ,,-, , ,," SEE MAP 37 B 'c"""" "," A' ""A' SEE MAP 36 OcoJ'yrl'lht 1999. ".^""~t."M'I(JI) "'11 l"lqhtl r.""c"..d,lt I' unhwful to r.pruducI, eory. dlqltlu, :OCln, fll", DC J>hoto'Juph thh IIllp 1''''1- or ,u.. In whoh or III put. r"<Jftrdl.... e>t th_ p".rOI., ..lthou! .dUln perOllluh'n or u.. c:upytJ'Iht ownU:. 33 2S -t en ?O o o c ~ en m m i: )> " Co) .1::00 I I PRESUMED VACATED I PER AFN ::~~-' ,/ tv; , ~ Q IV) ~ "J () 8\ i-=:: "'( () s 010 J f' ,.-t. r! I f' 005-019 - - { ,.,1 141 ' /\1 WI / (\ _'; ..\, 006_~,//~"i,1~:,1 0'0" 5'-....00 G)! 007 ~ I .', 1, ,-' -'....' j> -jr1 'i;)' ,~,,'41' ~,- '2 ! ~, - ~/~~-,' \,1; // I' ~ . W i ~,' [.~~ I ,/ I a., j ,-" ,,1 <J t' ,,).)J' .a: "'o'Q~'J,~ l,~o i ': . b' ,',\l / I ':::.... -:-; ;-. ,.' '. "'l .' m . '}/ c' ,.,,' ')' ','- '. m ! ",,' l' ._ I' - 002-00~' 0 ~%' ,0 )A t$r , .... (1 015-00 004-0/3 \." I ~ I . -I .., :lE' I , "'( I (, ' --.--... ---...--,~ -----1--: '---J ! H2J :'C !? A c.o ~ ~ -" o01rOO , Cd?'.. / (0 n, J'7' \ ,,' r/il">-" I ! , 016-00 I L~^-^N^'Y 008t04 l ,- 'P"'o", \~r y~y ~~~,:::;:3.y--. 7 ,~~,~ Site No.p of Proposed Vo.co. tion Peters street STREET VACATION REQUEST PETERS STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: March 8, 2000 PREPARED BY: Ned Lever SUMMARY A. Applicant: Charles Haselwood (Agent for Coca Cola) P.O. Box 4999 Bremerton, WA 98312 Location: The entire portion of Peters Street bounded on the east by Humphrey Avenue on the west by Poindexter Avenue and on the north and south by Block 23 and Block 24 of the plat of Ole Hanson's Navy Yard Addition. . B. Attachment: A notarized Right-of-Way Vacation Consent from Coca Cola BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of Peters Street Right-of-Way that abuts Coca Cola's property (approximately 15,620 sf). There are two other properties that abut this portion of the right-of-way that did not participate in the application. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as lawn by the adjacent property owners and the remainder is located on a steep, brush covered slope adjacent to a historical gravel pit. The only improvement on this right-of-way is a Puget Sound Energy power line that serves the adjacent residential properties. See the attached application for a sketch of the area in question. RIGHT-OF-WAY CONDITIONS . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 60 feet N/A N/A N/A N/A N/A February 24, 2000 Peters Street Vacation Page 1 of 5 HEARING CONSIDERATIONS BMC 11.20.120 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 Peters Street is not required for public use. Due to the topography of the area it will never be utilized as a connector between Poindexter Avenue and Humphreys Avenue. The only public use is a Puget Sound Energy power line that serves the adjacent residential properties. 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: This is a vegetated portion of the right-of-way. The maintenance has been and will remain the responsibility of the adjacent property owner. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Improving this portion of dead end right-of-way will in no way enhance the traffic circulation in the area. Other routes of travel are in place. S. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right-of-way is anticipated. February 24, 2000 Peters Street Vacation Page 2 of 5 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. The only utility in the proposed vacation area is a Puget Sound Energy power line. An easement must be withheld for this utility. The legal description of the easement is included in the Vacation Ordinance. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two-thirds of the owners abutting the property to be vacated on a front footage basis. COMPENSATION There is no compensation required for this property as it is categorized as a Class III or undeveloped right-of-way. STAFF RECOMMENDATION No comments were received from Police, Fire, or Community Development staff. Staff recommends that this Street Vacation be approved as requested without modification. February 24,2000 Peters Street Vacation Page 3 of 5 February 24, 2000 Peters Street Vacation Page 4 of 5 NUn' 99313 February 24, 2000 Peters Street Vacation Page 5 of 5 . ~'-ol" ~"~~"lo.:"":"'''''-~--;:''~:'''-''...~--_''' . "_"-=-..:::....:.....,....:............ W_" ........ ___ _ .__ __ _____ ,......., t, '(i! RIGHT-OF-WAY VACATION CONSENT BCI tBottling Company of Los Angeles Coca-Cola: ERterprises, me., owner of property which adjoins that portion of Peters Street in Bremerton, Washington, which is currently in the process of being vacated, does hereby consent to said vacation. See attached Exhibit "A" for vacation exhibit. Signed this ~ day of -A tJGO'&r , 19 C; i BeI Coca-Cola Bottling Company of Los Angeles ~,/~ b R ICLINE Y EXECUTIVE VICE IlIIESlIlENT ~ CA.O . STATE OF GEORGIA. ) : ss. COUNTY OF' COBB' ) On this !tt::!:l day of -i1 tJGVfrr , 1999, before me personally appeared /...()w!<..../ p. KUN/::E , to known to be the ~XEC.l,"TlVe lIP fCAO of ~CI Coca-Cola Bottling Company of Los' Angelthat executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned, and on oath stated that He; was authorized to execute said instrument. In Wrtness Whereot: I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLI . and for th State of Georgia VhlOOingtOR residing at Cc; -013 C c) c) NT'f My Commission expires' Notary Public. Co:'; C~:~._,ty. Georgia . My Cemml5$lon G.,.,;, e.;; May 15. 2000 ....... '. ..' .,.., ..' l~"" '-" " tV....... .', -~ . '- ... .'. ~) ,," ; .~' 01f\H.Y. ~ ~.,~ ..,..... ~ l ~ u ~ \,.\: .......:: .. ..~ . ...............". ~. .,~~ ,.~,. RESOLUTION NO. Q73<1. A RESOLUTION proposing the vacation of a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. Charles Haselwood has petitioned the City of Bremerton to initiate the vacation process for a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. 2. A public hearing will be held on March 8, 2000, at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council ofthe City of Bremerton This UItJ day of \.. P-,.IM ~ ~ d..l 'l- ,2000. ~~~ CAROL ARENDS, Council President "'" AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # )13~, SETTING A HEARING DATE OF MARCH 8, 2000, FOR V ACA TING A PORTION OF PETERS STREET FROM POINDEXTER A VENUE TO HUMPHREY AVENUE. 2. CLEARANCES: (comment on back' Director, Public WorkslUtilities City Attorney City Treasurer Director, Community Development Council Budget & Finance Committe Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: <P o Februarytf, 2000 PW&U Engineering Div. Randy Witt, City Enginee~ January 20,2000 3. EXHIBITS '1 A. Resolution # "'" 7 3 cr B. Site Map. ~ ENDORSEMENT~ ~R1'yfATION_ APPROVED BY COUNCIL PR];SIDENT FOR SUBMITI AL: MAYOR~ ,lj ,A-. COUNCILPRESIDENT C~ ~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Charles Haselwood has petitioned the City of Bremerton to vacate a portion of Peters Street right-of-way that abuts Coca-Cola's property. This vacation includes the northwest portion of Peters Street between Poindexter Avenue and Humphrey Avenue. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. The only improvement on this right-of-way is a Puget Sound Energy power line that serves the adjacent residential properties. The City Council is requested to establish a hearing date of March 8, 2000, to consider the proposed vacation. Staff recommends passage ofthe proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ;l. 73 q setting a hearing date of March 8, 2000, . for the vacation of a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION TABLED APPROVED /' DISAPPROVED AMENDED PULLED COUNCIL DIRECTIVE DATE: roM 11. AGENDA BILL NO: 00,,- 04 c ~,' 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact FacilitieslEquipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation o/Public Rights-of-Way RCW 35.79 Streets 20025 j "':~"L T ! I PRESUMED VACA TED 004-00 (ER AFN 3096158 1 G)! 11 I /--- j/ ()() ~:~ I~ 005-;l ! 1)' G)I I a. ,006-~- /1'1, 1,. ~ j . G) . LfY7( . .\:, \ . ,i ........ I-Ob5=vtJ.,'-,. 0-) ~ 00" 7-00.;....'..\.'. \'::; ~,/~ -L- __ ,~) I, = ---~~?;:;)~ /h,,/" \' F 008-,-04 (.\ _ ~CJ I !: :I~' ,'" .".. L "0' n~'~'~orr ! V 15.. , '~.:'" ,I I ... I' ~ v 11 C" . .;~ .)0- . '~.O 'L~!J'/ 002-00 )A.#~ V' !1 015-00 I ! <"',.,; :- IV) ~_..p<" (:) Q. 010 IV) ~ 'J (j I E1 li I !-::: I G 1 1 ~ 1_- " ~ I ' I "C , " . -...."tl (j l- I "I :'Z l'7A '-- '~< ,,.,,1...,,. ~ C'J !V) ~ 001-.100 /' ( .is\.. .. .. lv ~r ~\ /" r, / 016-00 Si-te Mo.p of Proposed V 0. co. -tion Peters street 33 SEE MAP 27 y F - :E w w en v 1 -'" 2S uJ ?g (") o c: ~ o ~ lJDmo- WERNER AD "'I ~I'" ~ ~ ~ ffi I" 21 Iil ",. PENDERGA:), ~[JAJ(J{ ~ :i..~ PrOfO:5J ./ VttC..t'- 1-j 0." en m m == :t> "tJ W ,r:.. Jm>o- 3200 A. 3200 A F SEE MAP 37 B ! n A E A SEE MAP 36 IOcopyrlqht 1"', ~\4NItt."~rJlltI }\11 dghts reserved,It is unh"ful to reproduce, copy, dlqitlu!, lIcan, tllm or photQqrllp" tILl. 11I.1' 1""1" Ilt atl"" In ",hol. or In put, re9/lrd1.... of the purpolllI, without ..dUen pen_lulon of the coPyd9ht own"r.