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Home My WebLink AboutWARREN PARK 4TH 5TH -'i Filed for Record at Request of: . I 200209240283 Page: 1 of 3 89/24/2882 81:58P $21,88 Kitsap Co, WA When Recorded Return to: I BREMERTON CITY OF ORO Name: Address: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. 4811 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: SE qtr. of the SE qtr., Sec.14, T. 24 N., R. 1 E., W.M., Kitsap County, Washington. ORDINANCE # 4811 AN ORDINANCE vacatin~ a portion of the alleyways, lying between 4t and 5th Streets and between Warren and Park Avenues in the City of Bremerton. WHEREAS, KPS Health Plans 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. Ordinance Vacating the Alley between 4th and SthlWarren and Park 1 That portion of the alley lying within Block 18, Plat of the Town of Bremerton, as recorded in Volume 2 of the book of plats, Page 30, records of Kitsap County, Washington, situated in the southeast quarter of the southeast quarter, Section 14, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: That portion of the alley lying westerly of the following described line; Beginning at the southeast corner of Lot 33 of said Block 18, thence westerly along the south line of said Lot 33, 10 feet to the true point of beginning; thence southerly to a point on the north line of Lot 8 of said Block 18, said point being 10 feet westerly of the northeast corner of said Lot 8, and the terminus. Section 2. Reservation of Easements. An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the following described real property: That portion of the alley lying westerly of the following described line; Beginning at the southeast corner of Lot 33 of said Block 18, thence westerly along the south line of said Lot 33, 10 feet to the true point of beginning; thence southerly to a point on the north line of Lot 8 of said Block 18, said point being 10 feet westerly of the northeast corner of said Lot 8, and the terminus. Together with a 14 foot wide easement for ingress and egress to the City of Bremerton over and upon a portion of Lots 8, 9, 32, and 33, of said Block 18, the center line of said easement is described as follows: Beginning at the northerly common corner between said Lots 32 and 33, thence westerly along the north line of said Lot 33 3 feet; thence southerly to a point on the south line of said Lot 8, said point being 3 feet westerly of the southerly common corner between said Lots 8 and 9 and the terminus. 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 21 st day of August, 2002. PASSED by the City Council of the City of Bremerton this 28th day of August, 2002. ,-, t:ud ~~ CAROL ARENDS, Council President Ordinance Vacating the Alley between 4th and SthlWarren and Park 2 L_ ___.__ ._.. -...- ---, ,-_. 200209240283 Page: 2 of 3 · ~9/24/2~~2 91: 58P $21.~~ Kitsap Co, WA BREMER TON CITY OF ORD APPROVED this 4.:t-~) day of ~~HA.) ,2002. #'-.J \) /7 ~,.L.~.~..~.. !Q;~J0 , -- I "- CARY BOZ~MAN, Mayor ATTEST: ~'\fV\-~ KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: PUBLISHED: J/d:Jt) day of ~~H'.AJ EFFECTIVE: I#..bdayof xitiOh~A) I ~-I:t4R// ,2002. ,2002. Ordinance Vacating the Alley between 4th and 5thIWarren and Park 3 I. : I I I 200209240283 Page: 3 of 3 88/24/2882 ill :S8P ORD $21.88 Kitsap Co, WA BREMERTON CITY OF '< v ( AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # t.{ B ( L, VACATING A PORTION OF THE ALLEY LOCATED BETWEEEN WARREN AND P ARK AVENUES AND BETWEEN 4TH AND 5TH STREETS. 2. CLEARANCES: (comment on bac i Director, Public W orkslUtilities City Attorney Director, Community Development Council Budget & Finance Committee Operations Committee ENIlORS~~TION MAYOR~ 28 FOR AGENDA OF: August u: 2002 ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: Michael C. Mecham, City Engineer DATE SUBMITTED: August 5, 2002 3. EXHffiITS A. Ordinance # Lf 9 I \ B. Site Map. C. Staff Report. ") APPROVED BY COUNCIL P13FSIDENT FOR SUBMITTAL: COUNCILPRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City received a petition from KPS Health Plans to vacate a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. A hearing date of August 21, 2002, was set by City Council on July 31, 2002. This right-of-way consists of a portion of a paved alley that abuts the applicant's properties and is utilized as access to those properties. The vacation is being requested by KPS Health Plans to develop the site for additional parking. An ingress and egress easement will be granted by KPS Health Services to the City of Bremerton further to the east on the property to allow continued access to the existing alley, which is not to be vacated. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and 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 the vacation of a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. 8. RECOMMENDATION: A. Metion to awfOYO the altadu;J Old';'.ua.llGc;, 9a(,al';'u~ a !-,omon ot the a11ey located betwt:t:Il "vV a1Hffi afld Parl~ A'/eHHe~ lmd };.8-1:\"8oo 4th B:fltlSth SI1c:d:s, Ull fu:sllvading. B. Motion to pass Ordinance # 4f3 \ , , vacating a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets, on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engin~-4' N/A 10. NOTICE OF ACTION APPROVED V DISAPPROVED PULLED 1 COUNCIL DIRECTIVE TABLED AMENDED 5j3/lddd 1!!un.~.AA.; /! A.//A./r 11. % 12=~7 ,~-r: _ c ~:'J. DATE: AGENDA BILL NO: O}.- Uo(p ., t. . " 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way, which may restrict improvements 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 2002, KPS Alley Vaca , . STREET VACATION REQUEST KPS ALLEY ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 21,2002 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: KPS Health Plans Elisabeth A. Gilje P.O. Box 339 (400 Warren Avenue) Bremerton, WA 98337 Location: Alley running north-south between Warren and Park Avenues, from 4th Street to 5th Street. B. Attachment: None BACKGROUND The applicant has petitioned the City of Bremerton to vacate a portion of alley that runs north to south through their property (approximately 3,220 sf). No other properties abut this portion of the alley. The vacation will eliminate a piece of developed alley and will increase the area of the abutting property. In vacating the alley, the applicant will grant an ingress and egress easement across their property further to the east that will connect the alley running east to west with 4th and 5th Streets. 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 Alley 14 feet N/A 14 Gravel None None July 10, 2002 KPS Alley Vacation Page 1 of 6 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 alley is not required for public use, provided the ingress and egress easement is given. 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: No change in thoroughfare would be useful. 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. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, KPS Health Plans, is the only abutting property owner. July 10, 2002 KPS Alley Vacation Page 2 of 6 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Cascade Natural Gas will retain an easement. All easements for existing utilities will be released upon redevelopment of the surrounding properties and arrangements made for the utility relocations. 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 $18,547.20, 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 Alley Vacation be approved as requested with easements reserved for all existing utilities and an easement to the City for ingress and egress to the existing alley. July 10, 2002 KPS Alley Vacation Page 3 of 6 Looking North from 4rth to 5th along alley Looking east towards Park along alley July 10, 2002 KPS Alley Vacation Page 4 of 6 Loo\<.ing south lrom 5'" to 4'" throUgh the alley. July "\ 0, 2002 KPS Alley vacation page 5 o~ 6 --------- ---------- - - -- - --- ----------- " . ~-,~::OR LO~ -~-----5 TH ___~R/W _~~ _ ~ 1 ~:~.~::-~;jl-- I I / , ~ r I I I V >-0 1 ~}-..-.- ~G~ - I /'> r/lU/ / ' /~// ~2~- /\-0 r ~dJ/j' D-~" 31 /nJ// 0G r /C/)// l ~U5~ ~/ h -- -- ?C/)lUC/) 1.? f' i!(,)/ / , ;, , /0/ / 12' X :R /lU..;(/ / vY1 I -~',' ~ / a// I " ' /~~ I ~J4 ,_ ?~~ ___ _,_~( ,f 20 ,.~-=-=-= ._ ALLEY PREVIOUSL Y +'<:". - VACA TED ALLEY 35 IZ:. p · S 'v:~ 1/1 I I t6 11 J _ ~R/W ~R/W TO PA~E ~ -c - - ~ ~ --r I STREET ~R/W 1 -1 I I 30 2[; I I _1 I I ~R/i _ 12 I I 1 ~R/W _ _ SCALE HORI,] /30 PLOT 1/1 DRAWING NO. l,.-'" I I -~-- ~~ /0// /lU/ / /~~?f eiX,' _ ~2~ 6 if- (\-~ ---- 7 x?'L. 8- /dJ/ )_Jl__ I 1 0 /'" / ~/ /-"LT----- --7 'X '< >< /lU/ / '(tx.- ?~~ ---- , .XI ~lli>> I /0// --- /~// /lU// ------- ~~~ I ./ill~ /~ _% - 1 1/"" 4' - - ~ 1 4TH STREET 10' CITY OF BREMERTON DEP ARTMENT OF PUBLIC WORKS & UT1L1TIES ENGINEERING DIVISION DRAWN BY: TH DESIGN BY: GF DATE 7/23/02 DATE 7/22/02 =- EXHIBIT MAP KPS VACATION OF PORTION OF ALLEY BETWEEN 4TH AND 5TH STREET CHECKED BY: LK SHEET DATE 7/23/02 1 OF 1, RESOLUTION NO. 28'" A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. WHEREAS, a petition has been received to vacate a portion ofthe alley located between Warren and Park Avenues and between 4th and 5th Streets; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on August 21, 2002, 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. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. APPROVED AS TO FORM: ATTEST: ~~~ KATHLEEN MCCLUSKE , CIty Clerk R:\LEGAL\Resolutions\Warren & Park'vaeation.doe 1 Alley Vacation - Public Hearing I I I AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ;l. ~ (pq, SETTING A HEARING DATE OF AUGUST 21, 2002 FOR VACATING A PORTION OF THE ALLEY LOCATED BETWEEN WARREN AND PARK AVENUES AND BETWEEN 4TH ANI? 5TH TREETS. 2. ' CLEARANCES: (comment on back if. c 3. EXHIBITS Director, Public W orkslUtilities tI A. Resolution # #. e ~ q . City Attorney B. Site Map. I-- j a ~~:~~;B~~=~F~:ee~::;" ~~/ /LJlf'cf& OperatIOns Cormmttee ~ ~ ( 1;" (f ENDORSE~_~_ INFORMATION_ APPROVED BY COUNCIL PRESIDENT FOR SUBMITT MAYOR ~ ~..~ COUNCIL PRESIDENT ~ ~ '- FOR AGENDA OF: July 31,2002 ORIGINATING DEPT: PW &U Engineering Division ORIGINATOR Michael C Mecham, City Engine~ DATE SUBMITTED: July 19, 2002 ' 7 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City received a petition from KPS Health Plans to vacate a portion of the alley located between WalTen and Park Avenues and between 4th and 5th Streets. This right-of-way consists of a paved alley that abuts the applicant's properties and is utilized as access to those properties. The vacation is being requested by KPS Health Plans to develop the site for additional parking. An ingress and egress easement will be granted by KPS Health Services to the City of Bremerton further to the east on the property to allow continued access to the existing alley, which is not to be vacated. The City Council is being requested to establish a hearing date of August 21, 2002, to consider the proposed vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ;)'B~q, setting a hearing date of August 21,2002, for vacating a portion of , th th the alley located between Warren and Park Avenues and between 4 and 5 Streets. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTNE DATE: 11. AGENDA BILL NO: O;{- /1fE3 ... 2. . CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the right-of-way 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: Staffmg: 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 T:\Vacations\KPS Alley\Agenda Bill and Resolution for Hearing Date -c:;R/W 5 TH STREET - - - -1- -"~x'",/ -,/-:--1-.1""':::' ~R/W ~, rff'y ~ _.~ n / , ~/ 1//' ':", t l~' /v, ,'/1 ' ffi; I I <~X )<, /;{~). I' (///V~ ' <)< 16 y./ ~/ ;/' i 1/, .., I //~'l ' . ~~ />< 1> '/~// /// ~\' ' ~/; I 0' \ <~.:;< . 7' ,/ /); // ~/~){ ~ ')1 /;'i/ / 'y \' ::// 1..;';1 r.<*~J~' II (/if/, 34" yfi; //;';:' / 32 "/ 'N / r,,>/// ////~ /...x'vI "'.... /' ^;/ 1- ~ ,/ Wi! / :/1 ,( 'xi : //~/ /""vl },/ ;; 1/ /~ ./',1 'I // :2'(/1 / ~ / ::,/ // / I' ><J('I . /~/ l' I v<., /It ,. v:.<// /, ,x ~~ /'/r 1/ ~x ~jt'l . 1:/,'\-,.-';./ ;< ~l.... V' -41'/ ,/ '/. ' , .1/,</ ( '../ ~ ;(] /~~/; 12' -,;,/'.....t~ - '~// I /" /;' "<1 :@1'/'" 'v:X'A ' / I: I ) I I I I Y' xi f/ 'L y//j ':yfjt r;:V;/;'/ : I t,j~Hzr---::- (. }:S:~ < ~ _ _ _ _ _, _ ~./~~O_ :r~J ALLEY PREVIOUSLY /~';.~,'<v/"//-::;Y;~>Z-;:~- - - ~. ...., ~~l ,,/I''\. 'vr, /' ~,// VACA TED , "h/\./\/'",>< /,,~,~/ /; ALLEY 'x~~/ ',/' '\. / .... f " /< // ",R/W -. - - - :r-)-~ ^ >, )( / ///111/// __ / f'.~' /~' . \t.U,!: - _./,~// - - - =M - - -1-/~ J~~ '~ .. ~-- I '" Qa11) / / / ,/. - '~i< u, ./ I b<~~'l ((2:#) I ! t f /~"'.1 "'1/VJ/ 1 ' I_ x {~I ~ I / /,'"/ I " .. '>::=:}/ -'/,0) /', I / !"f-.Jrp.' //llJ/ I ,/ ~^,~/ :,/ / /;;/ ,/~~j', /~" , ^,,~ ,///'/, // ~ :k'^ ///~-X. v.'.I-.' /""l.(>''/ (Y'tk'; >_ y;~{// '< '~i I /~ I ( ~<y~ r:<C2j l1 7 ~>:1k -a- ~:' ~,":>j n , ...1"! '/1/ bt ",^,,:(/~1v ./I/.~;I /, CJ ':7: \fC :;>"'t/ ~~, ~, )~,tp< / ;;;:'/.~I ';( iH / /// " k/ ">~ ~lxJ k:(/;/ j.//j ~;< ,~I 1/;/ //;;/ 1\ I ' /', 'V1 t, /( //f/ I I \I /X, /f~ /)// / { ~:v;'#: f;f~i?; I IX, /~~ /):~/ I . I I ,,<, /'~J/', /11/// 1// , . y/'''x1;-\.. tt:/ /;~I I I I f 'X/ '~: I (f /X/1/1" I 1 !Jl ,: )<1;> ////' // I I "jl /w ".-'<. ~ ~ /;,/> ,/:// j 'S'R :.: x ~ '\ '1 " //// ' _,I ,/( ./ 11'/ t' / ~ ___ _ _ ___ _ _ ,:(, ,/.(. --:..- ,,1,1,/1,/ 'i ."\ I {' . L r' !-......_--!-~..!-----....-I I _,. ~o/tf=l;, 1\ .~' /1 i'\ 4TH-STREET 35 I S I K1. P . 'v11 31 30 2S I ,- I vV1 I I ~R/1 TO PA~E ~1 ,. '1 Lj I ~ I ~1 I ri I ! Iv1 ! I ! I 1,.-'" v1 I I i--'" -14-; :1 I~ 12 i6 1-40 r,'\.. _' ",R/W (,J -- ~I 4' SCALE HOR1Z1/30 PLOT 1/1 DRAWING NO. CITY OF BREMERTON DEP ARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION DRAWN BY: TH DESIGN BY: GF DATE 7/23/02 I DAlE 7/22/02 EXHIBIT MAP KPS VACATION OF PORTION OF ALLEY BETWEEN 4TH AND 5TH STREET CHECKED BY: LK SHEET DATE 7/23/02 1 OF 1 I \ 35 \ \ S\ , ? .' \ i12' vi'" \ \ \ \ \ ALLEY PREVIOUSLY VACATED ----\- 1 ~ <colON E)(r\\\3n \;\~P sc;,\\Z en'! Of 88.(M,,-" "cS ""O:\\ON of POp.1\ON of "lU \10R,7JjJ!!J--- 08'IJ'ThI~N~ 3tJ'..\',?sLlC '/IORKS ~c et:i'Nt:t:N 411-1 "NO 511-1 s1R(1OI I II _ ~NG'N~ER'NG ON'SlON u< -- S ?L01~ GN \l'i' Gf --- C\1~CKEO ~'~L9Z--= OAAWlNG NO. oAA",N \l'i'~ oES' N o,~~ o~1E~ I ~ O,,~~ o~1E~ 4TH STREET 4'