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HomeMy WebLinkAboutCHESTER 11TH .-A BR~M :t<:T IN C . 'Y )F 3246391 Page: 1 of 2 84/84/2888 88:88A CK $S, n Kitsap COi WA Filed for Record at Request of: When Recorded Return to: Bremerton City Clerk 239 Fourth Street Bremerton. WA 98337 Document Title: Ordinance No. -1700 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 LOT 5, TRACT 8 OF THE PLAT OF WARREN SMITH'S ACRE TRACTS, RECORDED IN VOL.2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON, SEC. 14, T. 24 N., R.1 E. Name: Address: ORDINANCE # -47 DO AN ORDINANCE Vacating a 8 feet wide by 120 feet long portion of right- of-way located along Chester Avenue from 11 th Street northward 120 feet. WHEREAS, Mr. Richard Sollom has petitioned to vacate this undeveloped portion of the 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. Y' THE EAST 8 FEET OF THE WEST 15 FEET OF THE SOUTH 125 FEET OF LOT 5, TRACT 8, WARREN SMITH'S ACRE TRACTS. AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 4.62 FEET. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. 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 ~-4" , .l.J ,2000. 7fASSED by the City Council of the City of Bremerton this .A l'h ,2000. Rfi..J day of / S;t;A) day of -fr~ tZa?'.AJ C ROL ARENDS, Council President APPROVED this ~~ 6_ day of ~A.L'.h) , 2000. ~~ I dJ ~RTON, Mayor EFFECTiVE DATE d. .3/- 00 PUBLICATION DATE ~_~-~/- 00_. ORDiMANCE NUMBER ~ZQD 1:--- BREMERION C_TY 0: . 3246391 P aqe : 2 of 2 84i84/2888 88:88A Ki tsap Co" WA I Gf\;J $:dS ,.,. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # 3700, V ACATING A PORTION OF CHESTER A VENUE FROM 11 TH STREET NORTHWARD 120 FEET FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (comment on back i Director, Public WorkslUtilities City Attorney City Treasurer Director, Community Development Council Budget & Finance Committee \ '\ Operations Committee ~ i- 3. EXHIBITS A. Ordinance # -570 () ~ B. Vicinity Map. C. Staff Report. ENDORSEMENT~;1 ~9~TION_ MAYOR ~~ y. Cf-j-" APPROVED BY COUNCIL PREJIDENT FOR ~MITI~: ) COUNCIL PRESIDENT ~ ??U~~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: City staff has received a petition to vacate a portion of Chester Avenue from 11th Street northward 120 feet. 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 120 feet long by 8 feet wide of undeveloped right-of-way. The right-of- way is being requested to be vacated to increase the buildable area on the lot. 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 a portion of Chester Avenue. 8. RECOMMENDATION: ^ l\,f~-i-~~_ -i-~ nrr~~"a -1-1-,<> .,ttn,,1.~rl r\_~~~n~__, ,. 0 r t" "01-..~~-i-~~ ^..--. .j L _f ......,T. . B. Motion to pass Ordinance # 41/)0, vacating portion of Chester Avenue right-of-way. Q"l1.. S e~alllcl fecc.~ IA.!:J 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED 7JL~ ~i!t}, 11 ~ r "'" AMENDED DATE: AGENDA BILL NO: 00- 07:J.. , '" 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The buildable area of the adjacent properties will be restricted if the vacation ordinance is not passed. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Staffmg: No impact. Budget: No impact FacilitieslEquipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-aI-Way RCW 35.79 Streets 99331 r:o/ CJ ()() 018-00 \)\ <J\) 017-00 \/ \/ \)\) ()() 015-01 003-00 015-00 013-00 005-00 012-00 010-00 007-00 +JTH - CJ CJ C) C) C) CJ CJ C) CJ CJ I I I I I - CO \() ~ Lr) ~ CJ C) C) CJ C) . C) C) C) a C) . CJ a a 0\ -, C) a a Of>< \./ I I I I - Lr) f'", 0) 00 . I ~ ~ ~ CJ a a Of><\./ - I :.. err ~J G1 ! LLJ '~ =rc- ~: ': '. (~ ~ '-.J) ~ ! . ~ I ~ ~~ ~: ~: z:, x: ~: ~~ '^, F/ . /' "",,- '" / -~-7c 1', j "..., / """. 004-02 --+ 004-01 005-00 a a I t-r) CJ CJ I ' i 005- 02 '-- --- 003-01 Chester Avenue Proposed Vacation '" 016-00 014-00 012-00 010-00 11,.\ STREET VACATION REQUEST CHESTER AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: March 8,2000 PREPARED BY: Ned Lever SUMMARY A. Applicant: Richard Sollom 5050 State Hwy 303 N E Bremerton, WA 98310 Location: An 8 foot wide by 120 foot long portion of Chester Avenue located along the east margin of Chester Avenue and north of and adjacent to 11 th Street. B. Attachment: None BACKGROUND The applicant has petitioned the City of Bremerton to vacate a portion of Chester Avenue Right-of-Way that abuts his property (approximately 963 sf). No other properties abut this portion of the right-of-way. 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 landscaping and the adjacent property owners have used a portion as gravel shoulder parking. 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 52 28 Asphalt standard curb on the west side 5 foot sidewalk on the west side February 24, 2000 Chester Avenue Street Vacation Page 1 of 5 ~ I " ,1" 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 Chester Avenue Street is not required for public use. Directly north of the proposed vacation area the street is confined by a steep slope that is protected with a guardrail. This guardrail is located adjacent to the current edge of pavement. Due to this topographic restriction it is unlikely that curb and gutter and sidewalk will be installed on the west side bf the street. Even so, there will be approximately 16 feet of right-of-way remaining between the existing edge of pavement and the proposed right-of-way line which should leave adequate room for future improvements 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: The use of Chester Avenue as a thoroughfare will not be impacted by this vacation. 5. 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 Chester Avenue Street Vacation Page 20f 5 .. 1 t' 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, Richard Sollom, is the only abutting property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. There are no utilities in this area. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION The compensation amount has been determined utilizing the Kitsap county Assessor's land value of the abutting properties. The amount is $1,609.00, which is equal to one- half of the average property value of the abutting properties weighted on a front footage basis. This amount has been paid by the applicant to the City of Bremerton. 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 Chester Avenue Street Vacation Page 30f 5 . " February 24, 2000 Chester Avenue Street Vacation Page 40f 5 , r . NLlnt February 24,2000 Chester Avenue Street Vacation Page 50f 5 ' RESOLUTION NO. ~7<\ \ A RESOLUTION proposing the vacation of a portion of Chester Avenue north of 11 th Street. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. A petition has been received to vacate a portion of Chester Avenue along the east margin from 11 th Street north 120 feet. 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 of the City of Bremerton This J'r./v dayof \ P;/M~~4A-r- ,2000. ~~.J CAROL ARENDS, Council President . ..-. AGENDA BILL BREMERTON CITY COUNCIL I, SUBJECT: RESOLUTION # ~14t , SETTING A HEARING DATE OF MARCH 8, 2000, FOR VACATING A PORTION OF CHESTER AVENUE. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: February 9, 2000 PW&U Engineering Div. Randy Witt, City Enginee~ F" r January 20, 2000 2. CLEARANCES: (comment on back' n::t. Director, Public WorkslUtilities . City Attorney . City Treasurer Director, Community Development Council Budget & Finance Commi Operations Committee 3. EXHIBITS A. Resolution # ~741 B. Site Map. ~ ENDORSEMENT~ INJ.'QRM1TION- MAYO~~. ~. APPROVED BY COUNCIL ~ FOR SUBMITIAL: COUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Richard Sollom has petitioned the City of Bremerton to vacate a portion of Chester Avenue right-of-way that abuts his property. No other properties abut this portion of the right-of-way. 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 landscaping and the adjacent property owners have used a portion as gravel shoulder parking. The City Council is being requested to establish a hearing date of March 8, 2000 to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8, RECOMMENDATION: That the City Council pass Resolution # ;)'74l setting a hearing date of March 8, 2000, for the vacation of a portion of Chester Avenue north of 11 th Street. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: TABLED 10. NOTICE OF ACTION ~ DISAPPROVED AMENDED PULLED APPROVED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: OO--04r:1- t .\ ,,- 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 Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-aI-Way RCW 35.79 Streets 20028 :8 :ft :ft :8 :8 :e :8 (.0 :eN , c.. <C :i :e~ :e :e :e :e :II =- i:fl I" u 27. SEE MAP 21 y' 0 E' ,""" '''''''''f:'' 'f 'Ii(' v '8 '( A c w 1. GAWAINE W 2. LANCElOT Pl 3 GUttiEVERf IN .N 4. KING AURTHUR DR 5. MAR1AH IN NE 6. GIBSON LN NE Q 8'>' RIDDELL ~~ 1 ~I'" ~_____~___n__ \'0 ~'V ~ fi'~ "t <1- HILLDALt 8 ~ill 11118 W o a: _mm__-':;1I_ml',", 10 ::E ;<: <:> I E. BEAVER CRE~K RD! <n 8 :;: HILLCREST DR o o '<I' (.0 '"''''''''/:''''''' .-----------.~ "'A"''''''.''''' !\ F I II. ,II III ~ ....., L .,,,",",";1 1.11.... , II.""."."'.... ........ ..'01 I SEE MAP 33 <Clcopydght 1999. 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