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HomeMy WebLinkAboutHARKINS PLACE ,.. . .--.., . I 200010160082 Page: 1 of 2 I lS/lS/2SSS 11:35A f:j,SI::l Kitsap Co! WA l ,~1 : ~TO 1 ~ 11 \ Or" O~D Filed for Record at Request of: When Recorded Return to: Name: Address: Bremerton City Clerk 239 Fourth Street Bremerton. WA 98337 Document Title: Ordinance No. "17,,),/ 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: THAT PORTION OF BLOCK A, REPLA T OF PORTIONS OF BLOCKS 1 AND 4 AND ALL OF BLOCK 5 AND 6, OLYMPIC MANOR, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 69, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN SE1/4, SE1/4, SEC 2 T24N., R.1 E., W.M. ORDINANCE # A 7;Ll AN ORDINANCE Vacating approximately 13,250 square, feet of right-of-way known as Harkins Place. WHEREAS, Powell Development has petitioned to vacate this right-of-way; and WHEREAS, notice has been posted and published according tq)aw; 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 BLOCK A, REPLA T OF PORTIONS OF BLOCKS 1 AND 4 AND ALL OF BLOCK 5 AND 6, OLYMPIC MANOR, AS PER PLAT RECORDED IN VOLUME 7 OF PLATS, PAGE 69, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN SE1/4, SE1/4, SEC 2 T24N., R.1 E., W.M. 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 I~ day of J..! rJ:h~J..VJ ,2000. I PASSED by the City Council of the City of Bremerton this ~0::r.lJ day of xk~~ ,2000. (~~ CAROL ARENDS, Council President APPROVED this Z !o day of ~ 0. , 2000. ~J J ;L[ ~TON, Mayor , ATTEST: EY, City Clerk EFFECTIVE DATE /0 - I. - () 0 PUBUCATlON DATE q.."lk-OO ORDINANCE NUMBER 1./ 7 e:t/ 200010160082 Page: 2 of 2 1&/16/2&S& 11:35A I I. I I I. .t C WA :"E 1.JTO~ ~m 0: uRJ ~d& Kl sap 0, AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # ~t Se Cl) nd r:~ \ :.+ R €.kd. ~Y\.3 VACATING HARKINS PLACE FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (co~entTack if necessary Director, Public W orkslUtilitiey~, City Attorney City Treasurer Director, Community Development Council Budget & Finance Committe Operations Committee 3. EXHIBITS A. Ordinance #~. B. Vicinity Map. C. Staff Report. ENDORSE~$'~ INFql}Mt}TION_ APPROVED BY COUNCIL P~SIDENJ' FOR~S1.!BMI1JALj MAYOR (~ .p. ~~ COUNCILPRESIDENT /~/~ g~ 4. SUMMARY STATEMENT AND REOulREMENT FOR COUNCIL ACTION: City staff has received a petition to vacate Harkins Place. A hearing date of September 13, 2000 was set by City Council on August 16, 2000 to hear this request for vacation. This right-of-way consists of a short street section with a cul-de-sac at the end. All properties abutting the right-of-way are owned by a single entity, therefore there is no need for public access. The right-of-way is being requested to be vacated to facilitate a new commercial development. Posting of the hearing notices and mailings to the adjacent property owner have been completed in accordance with State law and 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 Harkins Place. 8. RECOMMENDATION: .A. MaVQ. i:tJ a~"Kdll\. itH~.;;h8a Oraman58, .U~~t~dg IImLui3 rla~" right of "l/ay) en f:'rE;"" 'r€..~:'A.j, B. MoVe. to pass Ordinance #~, vacating Harkins Place right-of-way, on se..~nd. t'~\~, 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED / DISAPPROVED 15~ i-~cL ~ % )'Aet0 11. ~~ AMENDED PULLED TABLED COUNCIL DIRECTIVE DATE: AGENDA BILL NO: W -'" ::l ( I 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The street will remain right-of-way, which will restrict development of the area into a commercial enterprise. 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 R\ddIlI ltd. \liE ~\~ sy\van Way . Q) ~ c .-- .0 & ~nd ~'" . Q) ~ Q) . ..... --- o Cf) ~ spruce ( $ c g C\1 Q) .c $ (/) c .-- ~ "'- (\1 X . Q) ~ c Q) \.- '-' a3 X L- \ --- ---- E\ \ ~--- _.~~ STREET VACATION REQUEST HARKINS PLACE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: Paul Wandling September 13, 2000 SUMMARY A. Applicants: Powell Development 737 Market Street Kirkland, WA 98033 Location: Harkins Place B. Attachment: Application for right-of-way vacation. Pictu re Location Map BACKGROUND The applicants have petitioned the City of Bremerton to vacate the Right-of-Way known as Harkins Place (approximately 13,250 sf). Currently, this Right-of-Way is abutted on all sides by property owned by Powell Development. This street is currently paved and is utilized as access to these properties. The owner is proposing a commercial development which requires demolition of the existing residential structures and vacation of the right-of-way to create a developable site. See the attached application for a sketch of the subject area. 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 38 feet Asphalt Approx. 390 LF Approx. 1950 SF July 18, 2000 Harkins Place Vacation Page 1 of 4 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: In conjuction with the applicant's proposed development, the right-of-way known as Harkins Place will no longer be required for public use. Given the existing infrastructure, it .is unlikely that Harkins Place will be utilized for any other purpose. 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: Continued use and maintenance of the proposed vacation has no public benefit. 4. Whether substitution. of a new and different thoroughfare would be more useful to the public. Staff Position: Substitution of a new and different thoroughfare would not be useful to the public. 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: There are no objections. The applicant is the only property owner abutting the proposed vacation. July 18, 2000 Harkins Place Vacation Page 2 of4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. There are no existing utilities located within this portion of the right-of-way. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two thirds (on a front footage basis) of the property owners abutting the property to be vacated. COMPENSATION This is a Class II right-of-way as defined in Ordinance 4664. This type of right-of-way is limited to a public easement or right of use which has substantial public improvements in any portion of the right-of-way. The City shall be compensated for 50 percent of the assessed value per square foot of the adjacent properties. Compensation amounts to $16,126.29. STAFF COMMENTS Police Department staff stated that no problems where identified with this vacation. Fire Department staff had no comment. This vacation will not adversely impact the current ability of the Fire Department to access this property or adjacent lots. Department of Community Development supports this vacation. Staff recommends that this Street Vacation be approved as requested without modification. . July 18, 2000 Harkins Place Vacation Page 3 of 4 July 18, 2000 Harkins Place Vacation Page 4 of 4 RESOLUTION NO. ;27 (p q A RESOLUTION proposing the vacation of Harkins Place right-of-way. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate Harkins Place right-of-way. 2. A public hearing will be held on September 13, 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 '4dt..J day of 4J.nJ'u~ ,2000. ~~ CAROL ARENDS, Council President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ,;J.., 70'1 , SETTING A HEARlNG DATE OF SEPTEMBER 13,2000, FOR THE VACATION OF HARKINS PLACE. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: August 16, 2000 PW&U Engineering Di\". Randy Witt, City E,~~\ August 8, 2000 \ EXHIBITS A. Resolution # ~ 70 q B. Site Map. ENDORS~ 1N!'9R/>?ATION~ MAYOR 'V:/. ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITI AL: COUNCIL PRESIDENT &./~ ~) 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Powell Development has petitioned the City to vacate the Harkins Place right-of-way in total. This right-of-way consists of a short road section with a turn-around at the end. Powell Development owns all the properties that abut this property. The vacation is being requested to accommodate a retail proposal by Powell Development. The City Council is requested to establish a hearing date of September 13, 2000, to consider the proposed street vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ~ 109 setting a hearing date of September 13, 2000, for the vacation of Harkins Place right-of-way. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED_ AMENDED PULLED TABLED COUNCIL DIRECTIVE DATE: ~ cYA ~GENDABILL NO .. 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. EOUIPMENT 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 ab, Agenda Bills 2000, Harkins Place Vacation F Rickey Road I "UE ~ 31 'i ~ iJ! l /~'" ~~! ! 15'::::1 ,,31 'i i I PllI8lIlliiOle Dr. ill . Pearl PI \'l_- ~ Gmelle Ave. ~oIm ~ll Ave. i ~ Lonng ~ I Ave. I Field Ave.] Pine Road NE R/dgemo "ll' ~I VNTY CITY z m I ~ I a ~ Whea~ Way ~ ] r Maple r--> Ave. St. Sy-van Way ,r "'\ r . Q) > <C c -- .c o ~ s.... a. CtS · ::c ~ ~~-:;~/ Q) - :.:: Q) S ~ c:: Q) L- L- ea :c ./ 2nd 'St ~ '- ./ ~r ~:. ~ o. ./ '- ./ "' r ""\. 1-1-1 1- I / I =J