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HomeMy WebLinkAboutCOTTMAN PERRY ST OYSTER BAY f' :1 \-( ":"F l,,~1~k',)~ I 200012040158 Page: 1 of 6 12/S4/2SSS 11:57A . , .ORO --'-$ 3. S~ Ki tsap Co! WA 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. 47 dJ..c, 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 THE PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN THE NE1/4, SE1/4, SECTION 21, T.24N., R.1 E., W.M., KITSAP COUNTY, WASHINGTON. ORDINANCE # 47~~ AN ORDINANCE Vacating a portion of Cottman Avenue and Perry Street located west of Oyster Bay. WHEREAS, Mr. Charles and Mrs. Joanne Haselwood have 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: Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 1 Section 1. Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. ALL THAT PORTION OF COTTMAN AVENUE, INCLUDING SUBSEQUENT RIGHT-OF-WAY ACQUISTIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTH OF THE INTERSECTION OF WILSON BOULEVARD AND ROOSEVELT BOULEVARD. ALL THAT PORTION OF PERRY STREET, INCLUDING SUBSEQUENT RIGHT-OF-WAY ACQUISITIONS, AS SHOWN ON THE PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY OF ROOSEVELT BOULEVARD AND SOUTHEASTERLY OF THE EASTERLY EXTENSION OF THE COMMON LOT LINE BETWEEN LOTS 11 AND 12, BLOCK 7, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION. Section 2. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for operation and maintenance of a water line across and under the following real property: A 15 FOOT WIDE STRIP SITUATED WITHIN LOTS 3, 24, AND 25, BLOCK 5; LOT 12, BLOCK 7; AND VACATED PERRY STREET, COTTMAN AVENUE AND DANIELS AVENUE, ALL WITHIN OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 00 23' 21" WEST ALONG THE CENTERLINE OF OYSTER BAY AVENUE 607.77 FEET; THENCE NORTH 890 36' 39" WEST 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF OYSTER BAY AVENUE; THENCE CONTINUING NORTH 890 36' 39" WEST 140.46 FEET'TO THE NORTHEASTERLY RIGHT-OF-WAY OF PERRY STREET AND THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE CONTINUING NORTH 890 36' 39" WEST 12.53 FEET; THENCE SOUTH 0023' 21" WEST 37.44 FEET; THENCE NORTH 00 23' 21" EAST 37.44 FEET; THENCE NORTH 890 36' 39" WEST 10.18 FEET; THENCE NORTH 440 36' 39" WEST 48.54 FEET; THENCE NORTH 0023' 21" EAST 52.53 FEET; THENCE NORTH 440 36' 39" WEST 106.36 FEET; THENCE NORTH 890 36' 39" WEST 45.57 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF PERRY STREET AND THE POINT OF TERMINATION OF THIS CENTERLINE. Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 2 ~ I I t IF If.-: 1 :RT H II 200012040158 Page: 2 of 6 ' I 12!84!2aa8 11:57A $ 3,&& Kitsap Co, WA I 01\0 THE SIDELINES OF THIS EASEMENT AT EACH END SHALL BE LENGTHENED OR SHORTENED, AS THE CASE MAY REQUIRE, SO THAT THEY TERMINATE AT THE RIGHT-OF-WAY LINES OF PERRY STREET. b. An easement is reserved for the benefit of all of the utility companies and for access purposes to each of the following tax parcel lots: TAX LOT 4546-005-015-0104 (ROSS) LOTS 15, 16, 17 AND THE NORTH 25 FEET OF LOT 18, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON. TAX LOT 4546-005-018-0002 (HASELWOOD) LOT 18, EXCEPT THE NORTH 25 FEET, AND LOTS 19 AND 20, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF , PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON. TAX LOT 4546-005-021-0007 (ROSS) LOTS 21 AND 22, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON. TAX LOT 4546-005-023-0005 (JARST AD) LOTS 23 AND 24, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON. TAX LOT 4546-006-001-0207 (HASELWOOD) THAT PORTION OF BLOCKS 6, 7, 13 AND 14, AND OF VACATED WILSON BOULEVARD, DANIELS AVENUE AND PERRY STREET, PLAT OF OLE HANSON'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 THEORETICAL EAST QUARTER CORNER TO SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 890 32' 19" WEST ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION, BEING THE EAST-WEST CENTER-OF-SECTION LINE, 280.02 FEET TO A POINT WHICH LIES 30 FEET WESTERLY OF THE CENTERLINE OF COTTMAN AVENUE AND BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 32' 19" Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 3 200012040158 , .' Page: 3 of 6 :IT' .F l~:M ~~ T) (L_.. --"-~ORb _.: "' L:i, ~S ~I:~:~2~~~ WAll: 57A WEST 429.34 FEET TO A POINT WHICH LIES 0.7 FEET EAST OF THE PLATTED RIGHT-OF-WAY OF LANSING AVENUE; THENCE SOUTH 00 23' 21" WEST ALONG A LINE PARALLEL WITH SAID RIGHT-OF-WAY A DISTANCE OF 442.69 FEET; THENCE SOUTH 890 36' 39" EAST A DISTANCE OF 366.91 FEET TO A POINT WHICH LIES 30 FEET SOUTHWESTERLY FROM THE CENTERLINE OF PERRY STREET; THENCE NORTH 320 36' 39" WEST ALONG A LINE PARALLEL WITH AND 30 FEET SOUTHWESTERLY OF THE CENTERLINE OF PERRY STREET 46.45 FEET TO A POINT ON THE COMMON LINE BETWEEN LOTS 11 AND 12, BLOCK 7, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE SOUTH 890 36' 39" EAST ALONG SAID LINE AND ITS EASTERLY EXTENSION 59.62 FEET TO THE EASTERLY MARGIN OF PERRY STREET; THENCE SOUTH 320 36' 39" EAST ALONG SAID MARGIN 29.39 FEET TO THE BEGINNING OF A 12 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGEL OF 14]0 00' 00" FOR AN ARC DISTANCE OF 30.79 FEET TO,-THE WESTERLY MARGIN OF COTTMAN AVENUE; THENCE NORTH 00 23' 22" EAST ALONG SAID MARGIN 190.33 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 6, SAID PLAT OF OLE HANSON'S NAVY YARD ADDITION; THENCE NORTH 89036' 39" WEST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 10.00 FEET; THENCE NORTH 00 23' 21" EAST ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE CENTERLINE OF COTTMAN AVENUE 237.91 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 91.00 FEET; AND EXCEPT THE EAST 10 FEET OF LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 6, OF SAID PLAT. TAX. LOT 4546-006-006-0004 (HASELWOOD) THE NORTH 91.00 FEET OF BLOCK 6, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 10 FEET; TOGETHER WITH THE EAST 20 FEET OF VACATED DANIELS AVENUE, WHICH ADJOINS. TAX. LOT 4546-007-0001-0106 BLOCK 7, PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED WILSON BOULEVARD; EXCEPT THE EAST 10 FEET OF LOTS 1 THROUGH 10, INCLUSIVE; AND EXCEPT THE SOUTHWESTERLY 10 FEET OF LOTS 1, 2 AND 3; AND EXCEPT THE NORTHEASTERLY 10 FEET OF LOT 12; Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 4 200012040158 Page: 4 of 6 12/S4/2SSS 11:57A -:i I (f )R: 11 T) C' --.. n--nlJR) ___I $13. SS Ki tsap Co, WA AN EXCEPT ANY PORTION LYING WEST OF A LINE PARALLEL WITH AND 290.7 FEET EAST OF THE PLATTED CENTERLINE OF LANSING AVENUE; AND EXCEPT ANY PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 890 32' 19" WEST ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION, BEING THE EAST-WEST CENTER-OF-SECTION LINE, 280.02 FEET TO A POINT WHICH LES 30 FEET WESTERLY OF THE CENTERLINE OF COTTMAN AVENUE; THENCE CONTINUING SOUTH 890 32' 19" WEST 429.34 FEET TO A POINT WHICH LIES 0.7 FEET EAST OF THE PLATTED RIGHT-OF-WAY OF LANSING AVENUE; THENCE SOUTH 00 23' 21" WEST ALONG A LINE PARALLEL WITH SAID RIGHT-OF-WAY A DISTANCE OF 442.69 FEET TO THE POINT OF BEGINNING OF THIS LINE; THENCE SOUTH 890 36' 39" EAST A DISTANCE OF 366.91 FEET TO A POINT WHICH LIES 30 FEET SOUTHWESTERLY FROM THE CENTERLINE OF PERRY STREET AND THE POINT OF TERMINATION OF THIS LINE. The access easement is described as follows: A 25 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PLATTED LOT 18, BLOCK 5, OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE NORTH 890 36' 39" WEST ALONG THE EXTENSION OF THE NORTHERLY LINE OF SAID LOT 18 A DISTANCE OF 20.00 FEET TO THE PLATTED. CENTERLINE OF COTTMAN AVENUE AND THE POINT OF BEGINNING OF THIS CENTERLINE; THENCE SOUTH 00 23' 21" WEST ALONG SAID CENTERLINE 275.00 FEET TO THE BEGINNING OF A 42.50 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 420 36' 03" FOR AN ARC DISTANCE OF 31.60 FEET TO A POINT WHICH LIES 30 FEET NORTHEASTERLY OF THE PLATTED CENTERLINE OF PERRY STREE:T AND THE POINT OF TERMINATION OF THIS CENTERLINE. Together with and subject to a temporary access easement, which shall be void upon completion of construction of F Street from Perry Street to Oyster Bay Avenue, The temporary access easement is described as follows: A 25 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PLATTED LOT 18, BLOCK 5 OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE NORTH 890 36'39" WEST ALONG THE EXTENSION OF THE NORTHERLY LINE OF SAID LOT 18 A DISTANCE OF 20.00 FEET TO THE PLATTED Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 5 : - I 200012040158 · Page: 5 of 6 12/S4/28S8 11 : 57A $13.9S Kitsap COI WA -:1 I ( JF n :1:RTJ~ ORD CENTERLINE OF COTTMAN AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0023'21" WEST ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND THE CENTERLINE OF ROOSEVELT BOULEVARD, SAID INTERSECTION ALSO BEING THE TERMINUS. c. An easement is reserved for the operation of the City of Bremerton Wastewater Treatment Plant located in the vicinity of the Property. Buyer is aware, and acknowledges by acceptance of the Property, that the past operations of the Wastewater Treatment Plant resulted in lawsuits filed by neighbors residing on properties on or near the Property. Buyer, its successors and assigns, waive and release the City, its employees, agents and contractors, or others acting in the lawful operation of the Wastewater Treatment Plant, Collections System and Utility, from any claims, damages or liab'i1ity of any nature arising from said operations, whether said claims are for actions in the past or occurring in the future. 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 dl~ (f1'~) ,2000. ~ASSED by the City Council of the City of Bremerton this f:;tf, ~ ,2000. , day of day of " i .' - , , / "~ /:"? ~~ .' .-1 ,/ ./ //,,'. . ( . (,..,,<--+-0 r_'..__ -G.t:/ ;v / CAROL ARENDS, Council President APPROVED this ~ day of ~y~~OOO. ~L.J yJ. deL L Y HORTON, Mayor ATTEST: 1: ~(S2~______ Jl<ATHLEEN McCLUSKEY, City Clerk EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER / /. (3()" on / 1- d.,() - (){) 'I 7;;" t, Ordinance Vacating Portions of Cottman Avenue and Perry Street Page 6 I "-~IIt-J l~Eunl 200012040158 Page: 6 of 6 12!S4!2SS8 11:57A ORD $13,9S Kitsap COI WA .. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # j 7;)..~, VACATING PORTIONS OF COTTMAN A VENUE AND PERRY STREET '12~~1u....LS. t3.0oo FOR AGENDA OF: -dtt~be~'25, 2000 ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: W. Eugene Sampley, Director, ~u DATE SUBMITTED: October 16,2000' '" 2. CLEARANCES: (comment on ba Director, Public W orkslUtilities City Attorney ..Dir~etor;. Community Development - Council Budget & Finance Committe Operations Committee 3. EXHIBITS A A. Ordinance # "-t. 7 ,:1.. (p _ ~~B. Site Map. C. Staff Report. ENDOR~~W~ ~9RpIATION---,- APPROVED BY COUNCIL PRESIDENT FOR SUBMITIAL: MAYOK~ ..1. -lL.~ COUNCILPRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City has received a petition from Charles and Joanne Haselwood to vacate Cottman Avenue and Perry Street located west of Oyster Bay. A hearing date of October 25, 2000 was set by City Council on September 27,2000. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. Most of this right-of-way is undeveloped with a portion of Cottman Avenue being used as a gravel access way. A private street will be improved that will provide access to the property owners that abut this right-of-way, and access easements will be granted. 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 portions of Cottman Avenue and Perry Street. 8. RECOMMENDATION: A, ~:1~~ea~ai;U, =iORS gfCottman~al~~rst B. Motion to pass Ordinance # ~7 n , vacatmg portlO~ Avenue and Perry Street, on second reading. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE OF ACTION APPROVED / DISAPPROVED AMENDED COUNCIL DIRECTIVE ~ w/Qu~~;Vfrtu DAT~: I /vrrU ~Q;;;;;~/T-O-U- '5';':; 5 / fJd~ 1 L AGENDA BILL N~: DO - ;),3 'f 0:x1EY~ .J~~ '" 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The street will remain right-of-way, which may restrict development of the area. 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-of-Way RCW 35.79 Streets ab, Agenda Bills 2000, Cottman and Perry Street Vacation -- ~;:": -- ,,} ----- - -- ~;} 1"'- ~-- ~ o tr: _1 'i:Q -- -- ~.,~ 20' ,'. --- ,,'''; ~... . L 1.13 J -~ ~ OL -, 'i:Q -- 3D' \ ~, ~ \ ~ ~'~ ~G ,~ ~\~ ~e hi 8\~ -- I 30'J20'\_ ~\ ~\ lo, %\ 01 ~ Z\ 0' -I i~~\ -'l'll;} 1\ II 1\ <l0:: --'I -- '.';.~ - -. ~... ~ ~~~ 90,00' -- Cl o "" " _.rr?0::1\ " " \:,...:,:(: 100.00' .' . -~ ~.~ ~n. -- - ...... 'I C. '" 42'40'02" ~ :') R '" 68,79' ~ L '" 51.2.3' q _ _1 ---- ro ~'~ o 5=> ~in'o ,,<Xl'" ''l''':O -~I') ~~} - Sheet EX\-\\BI1 MAP ROADS TO BE VACA1ED Bremerton, WA. For: H.M.\. ~,~~~~~~~ I 30' \ \ \ \ \: I-~ \~ , \ , ~\ ~I ~\ m' ~\ ~\ a\ \ \ ... I ~-1' " , ' , ' , ' , I \ , \ :~": - -or - - Q... . 0 '- ' <0 ~,~ -; 0:: G ~ VI 1 of 2 oW\'l B't: cHI<. B't: R.L.J. sED. OP< 1E: JOB No. 3/19/99 2375 , TOTAL AREA TO VACATED " o it b <0 ." - ~ .... <3 lI) '- ., Cl. 75,547 SQ. FT. ~ ~ <: N 89'32"9" E North Line ( Ole Honson's Navy Yard Addition Vol. 4 Pg. 56 I I I I JOO.OO' _ _ J I L _ _90.00' __ I -----to I "V 1.3------- -q -1 -----LQ I ~e'i See sv( l,J V ,elt--- - - I, o....ol'q. - cor ~9 ~ \1.e '-lo\' I '_: "1 I ~8 ___I__-----~ ~ '<; ~t} ,-- :;~ :::~ ~-~ ,:: t:} ". ... ;..: ~, ~ ... ". ~:= -----1- I , 6 AE S j~~~~~~po~gJO~5lt~l!~ Tat:~1:~WJ 30' ~I ~ h QI c..> 20' 20' / ~ <3, ~ I I I I 90.00' I ------1 I 100.00' ,------ ______-1 I L______ I ---------1 I [------- I ---------1 I r--------:--- I -------1f.) I ~ Lt}------ ' -q -1 -------m I 1------- 100.00' I ---------1 I ,------ I -------, I r------ I ------, I ~:: 30' -, '-. ~E: ~:~ l,J ll:l e /' '-. '-. ~:: ~~: ~:: . . '-. , ' ;.. ~ ~;~ ;, ~ ~:::} ~: ~ '-. 30' :...: \" ~ t:::: -. \'; Sheet 2 of 2 OWN BY: CHK. BY: R.L. J. S.E. O. DAlE: JOB No. 3/19/99 2375 EXHIBIT MAP ROADS TO BE VACATED Bremerton. WA. For: H.M.\. STREET VACATION REQUEST COTTMAN AVENUE AND PERRY AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: October 25,2000 PREPARED BY: Ned Lever SUMMARY A. Applicants: Charles and Joanne Haselwood Location: Cottman Avenue and Perry Street located west of Oyster Bay Avenue and between Roosevelt Blvd. And Haselwood Street B. Attachments: Vicinity Map, Vacation Area Maps, Commitment Letter BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of Cottman Avenue and Perry Street that abuts their property (approximately 75,547 sf). There are three 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 properties through consolidation of the lots. The right-of-way has been cleared in conjunction with the operation of a historical gravel pit that adjoined it. The right-of-way provides easement access to the properties on Cottman Avenue. For the most part the right-of-way is undeveloped, however a portion of Cottman Avenue has been utilized as a gravel driveway. The properties that are developed currently access Oyster Bay Road across the northerly adjacent property then to the east via a private driveway. Future access is expected to continue to be provided to these lots via their existing arrangements. In addition the applicant has agreed to provide an access easement via a future private roadway (F Street) which will be improved in conjunction with the right of-way vacation and across a portion of the Cottman Avenue right-of-way for these other properties. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 1 of 6 RIGHT-OF-WAY CONDITIONS Cottman Avenue . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter ' . Sidewalks Local Access Varies from 40 to 60 feet N/A N/A N/A N/A N/A Perry Street . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 50 feet N/A N/A N/A N/A N/A 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: These rights-of-way have not been utilized for public use. Other than the three abutting properties on Cottman Avenue, the applicants will be the only users of this access. A private road (F Street) is proposed to maintain the access to the applicant's properties. An access easement for the future "F" Street will be recorded in conjunction with this vacation and an access easement will be retained across a portion of Cottman Avenue for other adjacent properties. Maintenance of the private street will be the responsibility of the applicants. The adjacent property owners will maintain the easement on Cottman Avenue. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 2 of 6 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: Vacating this right-of-way will reduce the City's future maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: David I. Hamlin and Associates prepared a Traffic Impact Analysis for the new Today Chevrolet Project and evaluated the need to maintain public right-of-ways in the area. Specifically the report stated "The construction of "F" Street (and subsequently Cottman Avenue) as a public right-of-way does not appear to be necessary since the area is served by a series of private streets and the connection of these private streets to a public right-of-way provides no significant capacity or circulation improvements or advantages." 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The future construction of "F" Street will accommodate the future commercial development of the adjacent properties. 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. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 3 of 6 UTILITIES All private utility companies have been contacted. No private utilities are located within the proposed vacation area. A utility easement must be dedicated across the existing rights-of-way for the existing City water utility. SUFFICIENCY OF SIGNATURES The petition has been verified and more than two thirds of the abutting property owners have signed the petition. COMPENSATION This is a Class III right-of-way. No compensation is required, however, the applicant has committed to participate with the nearby Parr Ford project in construction of curb and gutter, sidewalk, and storm drainage improvements on Oyster Bay Road. The letter of commitment is attached. STAFF COMMENTS No comments were received from Police or Community Development staff. The Fire Department requires that Fire Department Access shall be maintained per the Uniform Fire Code and Bremerton Roadway Standards. F Street shall be developed as a private street and will provide adequate access. Staff recommends that this Street Vacation be approved as requested with the following condition: 1. The Applicant must execute an access easement for the future F Street to benefit to benefit those properties fronting on Cottman Avenue and not owned by the Applicant. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 4 of 6 This picture is taken at the south end of Cottman Avenue area facing north. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 5 of 6 This picture was taken at the southeast end of Perry Street facing northwest. September 25, 2000 Cottman Avenue and Perry Street Vacation Page 6 of 6 COTTMAN AVENUE AND PERRY STREET RIGHT -OF-W A Y VACATION APPLICATION . :X, 3 T '3' Right-af-Way to be Vacated ... NORTI-4 (3 VICINITY ?L.AN NO SCALE ~~': '::~ .', ~~~ ~ ~ 'L') -0 t:: -1 'iI1 :y~ :' ~ 11 ~~ ~G 1$ ~~ ~2 E--;' &-.'1 o t:J I 30' 20' <.li "tJ ~I " a: ~I ~ ..., f'I Cl Cl1 <: .'. ~~': ~:~ '-~"1 q ... 'j ::. /";\ --1Q0.00' . '_ ~"~ ~:~ ~ t::. = 42'40'02" ~ :__ R = 68.79' L') . L = 51.23' -0 --1- m :': ~~': ~::~ Sheet 1 of 2 1 . ~\ AE S ~~~pSox9l~J3\fRO~~ T~r;iI.f'wn EXHIBIT MAP ROADS TO BE VACATED Bremerton. WA. For: H.M.!. OWN BY: R.L. J. DATE: 3/19/99 30' lu f:1\i ..., f'I Cl Cl <: 1 ~ ~I ::>-.. ~I ~I E--; ~ 01 "'i a: b '- <0 " n Q, . ~ ~ Il:: G ~ lI) CHK. BY: ' SE O. JOB No. 2375 , , TOTAL AREA TO VACATED 75,547 SQ. iT. N 89'32'19" E North Line ( Ole Hanson's Navy Yard Addition Vol. 4 Pg. 55 I I I I .JOO.OO' _ _ J I L __90.osr __ I -----11) I "V i3------- o -1 ------rq I oj61 "ee suI \,J ;/o\~q.,elt- - - - - I, ~l~ ~ I'- -/0" 1'-: ~ I ~8 - - _1- _ _ _ _ _ _ _ ~ 1<: ~,~ ". ~:~ :,~ ~:: :.:~ ". ". ~,.~ \'~ ". '-. ~:: , & AES ~~~pn<:X ~~SIl~l!~ Tk.~~~6W I I I I _ _ 90.00'_ I -, I 100,00' ,------ -_____-.J I L_____'_ I ------~ I l-------- I -------1 I 1-----:--- I -------1f.) I ~ L~------ q -1 -------LLl I f-------- 100,00' I 20' 20' ---------j I j------- I -------, ;': I ;': r------ _____ I :;: -, I I 30' ~I ~ e-. 01 10' ~~! 30' 1 ~ 0' ~ \,J lJ:l 2, I. ~~: ,'. ,-- ~~: ~:~ ::: " ~ \..~ \', ~ \', ~ 30' '. \', ~ EXHIBIT MAP ROADS TO BE VACATED Bremerton, WA. For: H.M.!. , -0 it b ~ '" II <>. . ~ 4i -.J gs (j <: lI) ~ " "- ~:? ~~: "- "- . . '-. ;:~~ ::,1 ". Sheet 2 of 2 , OWN BY: CHK. BY: ' R.L.J. S.E.O. DAlE: JOB No. 3/19/99 2375 i ...- 1 S~p 0S ';'0'0 '~0T:55PF(:'<pARR "FORD''''' .......,...'...',.n ":.0..:.' .,~., ,'':\2~;....:.-..:,.;:.... ''-':').:.S.'', ",: \:"::'~~"'.q:;'.2U.::~~'::;" ':;~.i;;":. 'l~' , ... ~ H M I "---"'. 500 Union Ave · P.O. h 4999 Bremerton, W A 98312..0458 (360) 405-6208 }"Iax: (860) 405.9146 June 19, 2000 Rod Parr Parr Auto Group 5101 Auto Center Blvd, Bremerton, Vl A. 98312 Dear Mr. Parr, In compliance with the City ofBremerton, Charles and Joanne Haselwood will share in the costs and expenses not to exceed $48,000,00 for the improvemel'its of Oyster Bay Street. This amount is contingent on the fulfillment of three conditions; 1. The City of Bremerton approves the vacation of Cottman a..'1d Perry Streets ,'-~ ....." 2. The City ofBremerton approves the privatiza.tion of F Street. 3. That Rod Parr completes the improvements to Oyster Bay Street as outlined by the City of Bremerton, We are willing to see the project go forward and financially assist to a ma.ximum of $48,000,00 and only if the three conditions listed are met. c.c. Ned Lever P.E. Department of Public Works &Utilities RESOLUTION NO. 1.77(p A RESOLUTION proposing the right-of-way vacations of portions of Cottman Avenue and Perry Street located west of Oyster Bay. BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. A petition has been received to vacate portions of Cottman Avenue and Perry Street located west of Oyster Bay 2. A public hearing will be held on October 25,2000, 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 ofBremerton This ~"'/:;&u day of ~/YY1f1.<A) ,2000. I ~n. -' ----. -UX0 / ~~ CAROL paffi S, Cf6uncil President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # :2 77 ~ , SETTING A HEARING DATE OF OCTOBER 25, 2000, FOR VACATING PORTIONS OF COTTMAN AVENUE AND PERRY STREET. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 27, 2000 PW&U Engineering Div. Randy Witt, City Engineer Se tember 12, 2000 2. CLEARANCES: (comment on back if Director, Public WorkslUtilities City Attorney Director, Community Development ' Council Budget & Finance Committe~ /y" Operations Committee ;;-~~4 ENDORSE,~~W}( INfPRlylATION_ APPROVED BY COUNCIL P~IDENT FOR SUBMITTAL: MAYOR ~ 'p.7-/P-..L COUNCILPRESIDENT C4::u~ c::;Z'C,4~~ EXHIBITS A. Resolution # .177 (() '<?_,;'('" ~ B. Site Map. ~-, 3. 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: tc{Zn"~> 01= The City has received a petition from Charles and Joanne Haselwood to vacate"Cottman Avenue and Perry Street located west of Oyster Bay. Most of this right-of-way is undeveloped with a portion of Cottman Avenue being used as a gravel access way. A private street will be improved that will provide access to the property owners that abut this right-of-way, and access easements will be granted. The City Council is being requested to establish a hearing date of October 25,2000, to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # 177f(J setting a hearing date of October 25, 2000, for the vacation of portions of Cottman Avenue and Perry Street located west of Oyster Bay. 9. RESPONSIBLE OFFIClAL: City Engineer ENFORCEMENT OFFICIAL: N/ A EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED COUNCIL DIRECTIVE 5J~ ~S~~ DATE: 11. AGENDA BILL NO: OO-l2.l 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 }},20 Vacation of Public Rights-of-Way RCW 35.79 Streets ab, Agenda Bills 2000, Cottman and Perry Street Vacation COTTMAN AVENUE AND PERRY STREET RIGHT -OF-WAY V ACA TION APPLICA rlON '. :X~ 3.1 'a' Right -of -Way to be Vacated ... NORrl-l o VICINITY PLAN NO 5CALE ----------------- ~~: EXHIBl'1' "e" 20' -------- -------- - ,-- 3D' ~ "'-; ,\ -------- -------- ~ ~' ~ tp j \ \ -------- - 'X ~~~ C) L Q -, _1 -------- -------- ~' ~ 'rL1 ~ :..,~ / -------- -------- ~~~ .- a a u) " -_t\" '\ . . . .' , ; ,-;,.: ' 100.00' -~- -- \~'; -- ~ ...~ (::) '~";7~'~ - - ',',i.--"'/: \'-----' \ /1<. ??;<:.:.~~ ), . " . " "\ ~ '-':;j--:: ' : , \ ./L"L \ I -II \ " , i L_'< __J -- -- :.~~ \ l ~\@ ~\0 \~ ~\~ ~\2 8\l \ 30' ~\20' ~\ ~\ ~1\ ~ a C)\ Z\ \..r~ j". --- ,'X C) Q c,~ _1 'rL1 --- -------- - -- - ..... 'I -- t> = 42'40'02" 'X ,,, R = 68.79' C) 'L = 51-23' q ___ _1 -- 'rL1 ~ y-; ~' , ~, . a a 'B",c, ,,<X:\ '\. 'l-...:d ~~t') { {f.) - 30' I \ \ \ \: \-~ ~ ~\ 1 ~\ ~1 ~\ m\ ~\ ~\ 0, \ I ~-\I 1\ I 1 I I I \ ,I \ \ \ \ :..~... - Sheet 1 of 2 ~,.~~~~zs.~ EX\-\\B\1 MAP ROADS TO BE VACATED Brernerton. WA- for: H.M.I. EXHIBIT "e" OWN 13'(: R,LJ. OA1t-: 3/19/99 :2 10 - Q. \ a ~i\ \ z-~ (J) \ c\-ll<. B'(: 5.E.O. JOB No. 2375 EXHIBIT "D" " I I I I 90.00' I ------, L _ /00,00' I ----- ------~ I L______ I -------1 I ~------ I -------1 I 1------- I -------1f.) I ~ 11)------ o -1 -------iLJ I f------- I /00,00' I --------1 20' I ,------ I -------, 1 ,------ __ I ----, I I r TOTAL AREA TO VACATED 75,547 SQ. FT. N 89'32'/9" E North Line ( Ole Honson's Nayy Yard Addition Vol. 4 Pg. 56 I I I I YOD.OO' _ _ J I 1- _ _90.00' __ I - - - - - 1L) I 'V' G------- o -1 -----rq I ~e'i See Sill lu \/ \\J~----- 1, 0/0 \,<). co! ~g ~ \l-e \)01. I '.: ..., I ~ 8 ___1_ _ _ _ _ ___ ~ L<: ~~: {:C~ 30' 30' ~;1 I ~~ 0' :::: ~~1 ~~1 lu Q) 2, I ,'. h ~~ ~ ~, } ". / ~..~ ~, ~ ~~~ .." ~ " ~ ~' ~ h 0' \..). \' ~ ~, ~ 20' ".: "': / ~~~ 30' '''1 ".: ~ ^ A7 S EXHIBIT MAP k-.j, _ -.-J ROADS TO BE VACATED /1?,iG'\. CONS UL T ANTS Bremerton, WA. ,~~P,o. BOX 9JO. SIl'lffiOAlE, WA. 98JaJ. (360)692-6400 I For: H.M.!. EXHIBIT "D" ~tb '- <0 ., 11 Q.. '- ~ ~ Q:: (; ~ lJ) " ,-- ,. ~:: ~~ ~ ". h '_1 ". ';1 ;::C~ ,-- '~1 Sheet 2 of 2 J OWN BY: CHK. BY:"' R.L. J. SE O. DATE: JOB No. 3/19/99 2375