HomeMy WebLinkAboutCHESTER 13TH
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200102280039
Page: 1 of 3
I.. _. S2/28/2SS1 S9: S3A
$ ~,~S Kitsap Co, WA
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Name:
Address:
Bremerton City Clerk
239 Fourth Street
Bremerton. WA 98337
Document Title: Ordinance No. ~75 4-
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: SW QTR & SE QTR, NE QTR SEC. 14, T. 24 N.,
R.1E. W.M., KITSAP CO., WA.
ORDINANCE # 47~~4
AN ORDINANCE Vacating a portion of Chester Avenue
located north of 13th Street.
WHEREAS, Olympic College has petitioned to vacate this developed 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; and
WHEREAS, the City Council waived the required compensation of $13,520.93,
now therefore,
Ordinance Vacating a Portion of Chester Avenue
Page 1
1
"',
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following rights-of-way are hereby vacated to the
adjoining property owners.
THAT PORTION OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF
THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON
ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND
LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TH STREET, SITUATE IN THE
SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER SECTION 14, TOWNSHIP 24 NORTH. RANGE 1 EAST, W.M., KIT SAP
COUNTY, WASHINGTON.
Section 2. Reservation for Emergency Vehicles. Emergency vehicle access
of a minimum of twenty feet shall be provided in accordance with the 1997 Uniform Fire
Code along the entire length of the vacated streets. Such access requirement shall be
subject to modification upon approval by the Fire Chief of the City, of a campus-wide
emergency access plan to be developed by Olympic College.
Section 3. Reservation of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for operation, maintenance and repair of water lines and sanitary lines
over, under and upon the following real property:
THAT PORTION OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF
THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON
ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND'
LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TH STREET, SITUATE IN THE
SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER SECTION 14. TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON.
b. An easement is reserved for Cascade Natural Gas and Puget Sound Energy for
operation. maintenance and repair of gas and power lines over, under and upon the
following described real property:
THAT PORTION' OF CHESTER AVENUE LYING SOUTH OF THE SOUTH LINE OF
THAT PORTION OF CHESTER AVENUE VACATED BY CITY OF BREMERTON
ORDINANCE NO. 3596, RECORDED UNDER RECORDING NO. 8008210038, AND
LYING NORTH OF THE NORTH RIGHT OF WAY OF 13TH STREET, SITUATE IN THE
SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST
Ordinance Vacating a Portion of Chester Avenue
pagr- ...
------ 00'__' I
1-200102280039
Page: 2 of 3
92/28/2891 8S:93A
$ 9,~t! Kitsap Co, WA
: ( nTO ~ CITY ).
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QUARTER SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON.
Section 4. Effective Date. This vacation shall become effective ten (10) days
from passage and publication.
9- APPROVED by the City Council of the City of Bremerton this ~1Z:A1
4 """.IL 4.1 .L/_ ,2001.
9' PASSED by the City Council of the City of Bremerton this ( .U..Jr,
IJI..-.,L.I d...<1 .1- ,2001.
I
day of
day of
APPROVED this
~
J~~:S::
day of ~'-'---J . 2001.
~ #. ctLL
L N HORTON, Mayor
,
A TIEST:
Y, City Clerk
EFFECTIVE DATE ,;)../9.. DI
PUBLICATION DATE rJ'" 9.0/
ORDINANCE NUMBER q 1S~ -
Ordinance Vacating a Portion of Chester Avenue
Pagp ~
I
200102280039
Page: 3 of 3
92/28/2991 89:93A
ORD $ 9. Stl Ki tsap COI WA
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE # 4751 ,
v ACATING A PORTION OF CHESTER
A VENUE NORTH OF 13TH STREET.
FOR AGENDA OF:
2. CLEARANCES: (comment on back
Director, Public W orkslUtilities
~ ~icity Attorney '--"
Director, Community Development
Council Budget & Finance Committee'
Operations Committee
3.
EXHIBITS
A. Ordinance # 475 t
B. Site Map.
C. Staff Report.
APPROVED BY COUNCIL PRES
COUNCIL PRESIDENT
=~~~E~-. ~ _ INFO~T~_
~'- 71. ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Olympic College to vacate a portion of Chester Avenue located north of
13th Street. A hearing date of January 24,2001, was set by City Council on December 27,2000. Posting of the
hearing notices and mailing to the adjacent property owners have been completed in accordance with State law
and Bremerton Municipal Code. This right-of-way consists of two-lane improved roadway with sidewalk on
the west side. 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 vacation is being requested by Olympic College to improve the property
for redevelopment. Specific items for City Council consideration are outlined tin the Staff Report. The request
before the City Council is to approve, disapprove, or modify this vacation of a portion of Chester A venue located
north of 13th Street.
8.. RECOMMENDATION:
A-~a::;~V~~ a~~ ~=e~ti~Jf~~~8r ~;~_l~jJC~th $lt~::~7.
B. Motion to pass Ordinance # 4-""5" 1- vacating a portion of Chester A venne located north of 13' Street,
on second reading.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/ A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE oF ACTION
APPROVED V DISAPPROVED
~JUa
!po/ff H
PULLED
TABLED
COUNCIL DIRECTIVE
AMENDED
DATE:
11.
AGENDA BILL NO:
o I - D'd-L'-
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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. EOIDPMENT.OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation a/Public Rights-aI-Way
RCW 35.79 Streets
ab, Agenda Bills 2001, Olympic College, Chester Avenue
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63.31 33.77 BL(
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STREET VACATION REQUEST
CHESTER AVENUE
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: January 24,2001
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Olympic College
Michael Connolly
1600 Chester Avenue
Bremerton, WA 98337-1699
Location:
Chester Avenue north of 13th Street to that portion of Chester
previously vacated per Ordinance 3386.
B. Attachment: None
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate a portion of Chester
Avenue Right-of-Way that abuts their property (approximately 10,524 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
N/A
36
Asphalt
Standard curb on the west side
5 foot sidewalk on the west side
November 15, 2000
Chester Avenue Street 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:
This portion of Chester Avenue Street is not required for public use.
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 improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Ordinance 3386 made Chester Avenue a dead. end street.
thoroughfare would improve circulation in this area.
No other
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.
November 15, 2000
Chester Avenue Street Vacation
Page 2 of 4
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Olympic College, 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. Puget Sound Energy, Cascade
Natural Gas and AT&T will retain easements. Utilities easements are to be reserved for
the existing City sewer and storm utilities. All easements for existing utilities will be
released upon redevelopment of the surrounding properties and alley and arrangements
made for the utility relocations.
Care shall be practiced for any work be done in the vicinity of the centerline monument
at the north side of the right of way of 13th Street.
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 $16,206.77, 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 COMMENTS
City Attorney, Department of Community Development, Police and Engineering
supports this vacation.
The Fire Department requires that Fire Department Access shall be maintained per the
Uniform Fire Code and Bremerton Roadway Standards.
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing utilities.
November 15, 2000
Chester Avenue Street Vacation
Page 3 of 4
Looking North to Chester Avenue
November 15, 2000
Chester Avenue Street Vacation
Page 4 of 4
Looking North to Chester Avenue
November 15, 2000
Chester Avenue Street Vacation
Page 4 of 4
RESOLUTION NO. J.7 '10
A RESOLUTION proposing the right-of-way vacation of a portion
of Chester Avenue located north of 13th Street.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON
THAT:
1. A petition has been received to vacate a portion of Chester Avenue located north of 13th
Street right-of-way.
2. A public hearing will be held on January 24,2001, 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 of the City of Bremerton .
This OJ."U::IJ day of ~
,2000.
~~~
CAROL ARENDS, Council President
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # J7 90 ,
SETTING A HEARING DATE OF JANUARY 24,
2001, FOR VACATING A PORTION OF CHESTER
AVENUE NORTH OF 13TH STREET.
FOR AGENDA OF: December 27, 2000
ORIGINATING DEPT: PW &U Engineering Div.
ORIGINATOR W. Eugene Sampley, Director PW&U
DATE SUBMITTED: December 15,2000
3. EXHIBITS
ENDORSEMENT1- lNFPRMATION_
MAYOR ~ {J. rtI..-L
APPROVED BY COUNCIL PRESIDENT FOR SUBMIIT AL:
COUNCIL PRESIDENT ~ ~
4. SUMMARYSTATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has received a petition from Olympic College to vacate a portion of Chester Avenue located north of
13th Street. This right-of-way consists of two-lane improved roadway with sidewalk on the west side. 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 vacation is being requested by Olympic College to improve the property for redevelopment.
Olympic College has requested that the City Council establish a hearing date of January 24, 2001 to consider the
proposed vacation.
Olympic College has requested that the compensation be waived pursuant to BMC Chapter 11.20.140.
8. RECOMMENDATION:
o Move to pass Resolution # ;;;"'7(.10 setting a hearing date of January 24, 2001, for the vacation of a portion of
Chester Avenue located north of 13th Street. 6.~A t~. b.j~,~._ ~L ',.I:"'6~' Co,! 1~;A;, ~U7f;r},;(Y6 ~i.tt.. J I~ ~~.-ho
(y~'d /,,~~ -( (f~~ ~ ~ W~iESPONSIBLEOFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/ A
EXPIRATION DATE:
REVIEW DATE:
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED V DISAPPROVED
AMENDED
COUNCIL DIRECTWE
rt:oJifS'
DATE:
11.
AGENDA BILL NO: 00 -- 3 0 I
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 Pub lie Rights-of Way
RCW 35.79 Streets
ab, Agenda Bills 2000, Olympic College, Chester Avenue
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S C H REI BE R & LA N E
RECEIVED
DEe 0 1 2000
ARCHITE
C T 5
November 30, 2000
CiTY OF BRE!v\ERTON ENGINEERS
Mr. Gunnar Fridriksson
Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310-4799
S!Jbject: Vacation of 15th Street located WGst of ~-!Ji:i.f't~,. ~venue arid east
of Broadway Avenue
Olympic College
Bremerton, WA
Dear Mr. Fridricksson,
I have received your Staff Report regarding the right-of-way vacation noted
above. I understand from our conversation on November 27 that you have re-
calculated the compensation values and that the revised amount is $13,450.15.
Olympic College wishes to proceed with the vacation process. It is their intention
to request a waiver of compensation from the City Council per section
11.20.140.E of the Bremerton Municipal Code. I have attached a copy of the
applicable section for your convenience. Since the College will request a waiver,
we are requesting that the process proceed without compensation until the City
Council rules on this matter.
100 so, KING STREET
Thank you for your cooperation and if you have any questions please call.
~
SUITE NUMBER 2 6 0
-
hillip B. Lane, AlA
Principal
Attachments:
Section 11.20.140 of Bremerton Municipal Code
SEATTLE, WA 98104
FILE: 990S/CORR/CODE/1Sth Street
Cc: M. Connolly, Olympic College
FAX 206 / 682-8375
TEL 206 / 682-8300