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I 200012290139
Page: 1 of 2
12/2S/2BBS 12:32P
$S. 13 Kitsap COI ~A
oR)
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. 47.3 f?
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel Ii: Not Applicable.
Abbreviated Legal Description:
ORDINANCE # ~
AN ORDINANCE Vacating a portion of 0 Street, from
Oyster Bay Avenue to 279 feet East.
WHEREAS, Dale A. Dahl and Donna K. Oster-Dahl have petitioned to vacate
this unimproved 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.
Ordinance Vacating a Portion of 0 Street
Page 1
THAT PORTION OF THE EXISTING RIGHT-OF-WAY OF "0" STREET (13th
AVENUE) IN THE PLAT OF BREMERTON HEIGHTS (VOLUME 3, PAGE 41)
EXTENDING FROM THE EAST MARGIN OF RIGHT-OF-WAY OF OYSTER BAY
AVENUE TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 27,
BLOCK 1, OF SAID PLAT. BEING A PORTION OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER, SECTION 22, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M. CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON.
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 -<~ day of
-zr.~Ju ,2000.
PASSED by the City Council of the City of Bremerton this hrJu day of
41JJ'~ ,2000.
'7
&~~ ~.-e41~
CAROL ARENDS, Council President
APPROVED this l S day of ~C-- ,2000.
~.', (J. d~
~TON, Mayor
ATTEST:
\:-V\ILC~
KATHLEEN McCLUSK Y, City Clerk
EFFECTIVE DATE /dl-- d.4-00
PUBLICATION DATE /d-/4-nQ
OROINAtdCE NUMBER ' ~7.3 i
.;f
Ordinance Vacating a Portion of 0 Street
Page 2
.. . I .
. 200012290139
Page: 2 of 2
. 12/29/2SSS 12:32P
ORO- $S~SS Kitsap Co, WA
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE # 4-73 8,
V ACATING A PORTION OF 0 STREET.
'""De.-c.,~ ~ J ::1-00('
FOR AGENDA OF: N\...e:mbcI 29,2000
ORIGINATING DEPT: PW&U Engineering Div.
ORIGINATOR: W. Eugene, Sampley, Director PW ~~
DATE SUBMITTED: November 8, 2000 -
3.
EXHIBITS
A. Ordinance # 47 3 B
B. Site Map.
C. Staff Report.
ENDORSEMENT X _ /1 INE<f>R11ATION_ APPROVED BY COUNCIL PRESIDENT FOR SUBMITI' AL:
MAYOR~""; 'i::!.:. f/frlC/-r..- COUNCILPRESIDENT ~~--" ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Dale and Donna Dahl to vacate a portion of 0 Street from Oyster Bay
Avenue to 279 feet east. A hearing date of November 29, 2000, was set by the City Council on October 25,
2000. Posting of the hearing notices and mailings to the adjacent property owners have been completed in
accordance with State law and the Bremerton Municipal Code. This right-of-way consists of an unimproved
section of right-of-way currently used as a vehicle access to the property. The furthest east section ofthis right-
of-way is a deep depression that contains water year round. The vacation is being requested by the abutting
property owners to improve the property for development. 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 0 Street.
8. RECOMMENDATION:
-A. Mo~'t to approve: tfi€ attarl:1@a Ordinance, '.'ocating Ii pnrtlnn oro Street, on first r@aliing.
B. Movt to pass Ordinance #-473 e , vacating a portion of 0 Street, on second reading.
9. RESPONSIDLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/ A
EXPIRATION DATE:
REVIEW DATE:
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED ~ DISAPPROVED
AMENDED
COUNCIL DIRECTIVE
DATE:
-
11. AGENDA BILL NO. 00-- d.,,:;
.-.
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. EQUIPMENT 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, 0 Street Vacation
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STREET VACATION REQUEST
o STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:]8ii8l:ll.")i!a$OO
PREPARED BY: Ned Lever
SUMMARY
A. Applicants: Dale A. Dahl and Donna K. Oster-Dahl
1 0230 Yates Ln. NW
Bremerton; WA 98312
Location:
o Street from Oyster Bay Avenue to 279 feet East
B. Attachment: Vicinity Map and Vacation Area Map
BACKGROUND
The applicants have petitioned the City of Bremerton to vacate a portion of 0 Street
Right-of-Way that abuts their property (approximately 11,160 sf). The right-of-way is
currently undeveloped and it is unlikely to be developed due its topography. There is a
steep slope and a deep depression located within the limits of this right-of-way.
The vacation will eliminate a piece of undeveloped right-of-way and will increase the
buildable area of the abutting property. See the attached 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
40 feet
N/A
N/A
N/A
N/A
N/A
September 26, 2000
o 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 0 Street is not required for public use. Due to the topography of
the area it is unlikely that it will be utilized as a connector between Oyster Bay
Avenue and Bremerton Boulevard.
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:
The city has not historically maintained this portion of undeveloped right-of-way.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Currently both the 0 Street and N Street right-of-ways are developed as
residential driveways. 0 Street has been used solely by the property to the
north. The properties that are located south of and adjacent to 0 Street and also
front on N Street have been served by N Street. Two of these parcels are
currently undeveloped and can gain access from N Street in the future.
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.
September 26, 2000
o 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:
Lachlan Munro, the owner of lot 004-00 had a representative contact the City
verbally requesting that the hearing be postponed until Mr. Munro is available to
participate in the process. Mr. Munro is in the Navy and is currently out of the
cou ntry.
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 III right-of-way as defined in Ordinance 4664. This type of right-of-way is
limited to a public easement which is generally unimproved and for which no public
funds have been expended in the acquisition or in the acquisition or providing
improvements. No compensation is required for Class III right-of-way.
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 via another route. This vacation
will not adversely impact the current ability of the Fire Department to access these lots.
Staff recommends that this Street Vacation be approved as requested without
modification.
September 26, 2000
o Street Vacation
Page 3 of 5
September 26,2000
o Street Vacation
Page 4 of 5
September 26, 2000
o Street Vacation
Page 5 of 5
..
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PUBLIC WORKS AND UTILITIES
ENGINEERING DIVISION
MEMORANDUM
~
TO:
FROM:
DATE:
SUBJ:
Lori Smith
Jeff Shea, Senior Engineer ~
November 27,2000
o Street Vacation additional information
Lori,
City Council asked me to get something from the property owner, Mr. Lachlan, stating his
reservation to the 0 Street Vacation Petition (the Hearing is scheduled for this Wed.). Mr.
Lachlan faxed the attached letter to me today. Can you insure that each Council member gets a
copy of this for review?
Thanks, Jeff
.-. .,... "'........, -.......-.., ............... --.........--...... .....................
Sent by the Award Winning Cheyenne Bitware
......,_........0- ,_~...,........
,
November 21, 2000
Jeffry Shea
Senior Engineer
Public Works and Utilities
3027 Olympus Drive
Bremerton, W A 98310-4799
Re: Vacation of Right-of-way
o Street, Bremerton, W A
Dear 1r1r. Shea:
Thank you for contacting me about this issue, I want to let you know that this proposal concerns property that I inherited and am
not completely familiar with but have visited a couple of times, I am currently in medical school in California and haven't had
the chance to look into obtaining an easement to this property up to this point. I hope to move back to Washington in the future
and possibly build on this property, I have a couple of concerns regarding the vacation of this right-of-way. My first concern is
the loss of access to lot #4502-004-003 ,and the bottom of lot #4502-004-004 which I also own. From what I observed when I
visited this property is that the best access to this property would be from the west as the terrain from the east is extremely steep
and would require major construction to allow access. I am also concerned that if this right-of-way vacation is approved and the
neighboring property is developed this might effect some wetlands that I have observed in the area of discussion, I am not sure
if this is a stream or a pond but the few times I have visited this property this water was always there and appeared to be the
habitat for several small birds. Thank you for your consideration of these issues.
Sincerely,
LacWan Munro
(707) 642-8674
10: I'IIr. JE"JTry ::;ne<lr t-'UOIIC worKS ana uWlTles
Sent by the Award Winning Cheyenne Bitware
rrom, x x x
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,iX'
November 27, 2000
Jeffry Shea
Senior Engineer
Public Works and Utilities
3027 Olympus Drive
Bremerton, W A 98310-4799
Re, Vacation of Right-of-way
o Street, Bremerton, W A
Dear rvfr. Shea:
I spoke with Donna Oster-Dahl this evening and she cleared up some issues that were Wlclear to me. Most importantly and most
embarrassingly, I don't ovm lot 3 like I thought I did, I was confusing the tax assessor #4502-004-004-0003 1.',1th the lot
number. I pulled my tax records and verified that I own the lot that joins my property on the opposite side. This means that the
vacation of right-of-way only effects 70' of my property instead of 140' which I ori 'nall thou t. The ortion of my lot that
this does effect is robablyan area that I wQuld not need access to, With this in mind, I do not have any objection wi t e
vacation of the right-of-way 2 east 0 ster ay venue,
Sincerely,
Lachlan Munro
(707) 642-8674
RESOLUTION NO. d18 I
A RESOLUTION establishing a hearing date for the proposed vacation of a
portion of 0 Street right-of-way.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate a portion of 0 Street right-of-way.
2. A public hearing will be held on November 29,2000, at 5:30 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 ofBremerton
This ~5'~A) day of G(2t~
,2000.
~J~
CAROL ARENDS, Council President.
~,
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # ;}181
SETTING A HEARING DATE OF NOVEMBER
29,2000 FOR VACATING A PORTION OF
o STREET.
FOR AGENDA OF: October 25, 2000
ORIGINATING DEPT: PW&U Engineering Div.
ORIGINATOR: W. Eugene, Sampley, Director PW &U _
DATE SUBMITTED: October 16, 2000 vve~
2. CLEARANCES: (comment on bac
Director, Public WorkslUtilities
City Attorney
Djristefo;- Community Development
Council Budget &Finance COrnmitte~4~~
OperatIOns CommIttee
ENDORSE~ INFPR1dATION_ APPROVED BY COUNCIL PRj;SIDENT,FOR SUBMITTAL:
MAYOR, 4, ~ COUNCILPRESIDENT ~ ~
3.
EXHIBITS
A. Resolution #
~ B. Site Map.
a,gl
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Dale and Donna Dahl to vacate a portion of 0 Street from Oyster Bay
Avenue to 279 feet east. This right-of-way consists of an unimpr~)Ved section of right-of-way currently used as
a vehicle access to the property. The furthest east section of this right-of-way is a deep depression that contains
water year round. The vacation is being requested by the abutting property owners to improve the property for
development. The City Council is being requested to establish a hearing date of November 29,2000, to consider
the proposed vacation. Staff recommends passage of the proposed Resolution.
8. RECOMMENDATION:
That the City Council pass Resolution # ~18' setting a hearing date of November 29 2000, for the vacation of a
portion of 0 Street right-of-way.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED / DISAPPROVED
AMENDED
COUNCIL DIRECTIVE
DATE:
11. AGENDA BILL NO. 00 - .Q..3 ~
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. 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
ab, Agenda Bills 2000, 0 Street Vacation Hearing Date
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