HomeMy WebLinkAbout2ND WASHINGTON
1
Bremerton City Clerk
239 4th Street
Bremerton, VVA 98337
-II
BREMER TON CITY Or
I
200303170013
Page: 1 of 5
83/17/2883 88:26A
Kitsap Co, WA
Return Address:
ORD
$23,88
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance 4847
Reference Number(s) of Documents assigned or released:
Grantor(s): 1. City ofBremerton
D Additional names on page
of document.
Grantee(s): 1. City ofBremerton
D Additional names on page
of document.
Legal Description: A portion of Second Street in the Plat of the Town ofBremerton, as recorded in Volume 2 of
(abbreviated) plats, Page 30, situate in Government Lot 3, Section 13, Township 24 North, Range 1 East,
VV.M.
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: N/A
ORDINANCE NO. ifB'I1
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of 2nd Street East of Washington Avenue in the
City ofBremerton.
WHEREAS, the City has initiated the vacation of a portion of 2nd Street East of
Washington Avenue; and
WHEREAS, the City passed resolution number 2879 declaring its intention to
vacate a portion of 2nd Street, which resolution also set a hearing to take public comment or
consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on December 11, 2002,
in the City Council Chambers of the Bremerton City Hall to take public comment or consider
written objections to the vacation; and
WHEREAS, the City Council finds that this vacation is sought to enable the City
to implement a plan, adopted by Ordinance Nos. 4828, 4829 and 4830, that provides comparable
or improved public access to the same shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not been vacated; and
WHEREAS, the portion of the street being vacated is abutted on each side by City
owned property or by City Right-of-Way, which will result in the City retaining ownership of the
vacated property; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating the portion of said streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
1
Street Vaeation -
2nd Street
..
BREMERTON CITY OF
200303170013
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I I 83/17/2983 88: 26A
ORD $:23,88 Ki tsap Co, WA
SECTION 2. That portion of 2nd Street, lying east of Washington Avenue in the
City ofBremerton, as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated to the abutting property owners.
SECTION 3. Reservation of Easements.
a. An easement is reserved for the City ofBremerton, Public Works and Utilities
Department for operation, maintenance and repair of water lines and streets over, under and upon
the entire area vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas, Quest Communications and
Puget Sound Energy for operation, maintenance and repair of gas, telecommunication and power
lines over, under and upon the entire area vacated pursuant to this ordinance.
SECTION 4. No vested rights shall be affected by the provisions of this
ordinance.
SECTION 5. Severability. If anyone or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the d.~ day of (J Il../y} 1.1 4...(.1 ./_
~ d
, 2003.
PASSED by the City Council the / ~ day of
,2003.
"......
Approved this I3vL day of ~ II" f'..( 1
,2003.
2
Street Vacation-
2nd Street
I
BREMERTON CITY OF
200303170013
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93/17/2993 98:26A
ORD $23.99 Kitsap COI WA
I '
ATTEST:
KA
APPROVED AS TO FORM:
.;JJ.;t day of ~ 'F
EFFECTIVE the l\.~ d, day of
ORDINANCE NO. ,/11./-7
R:\LEGAL\Ordinances\2nd Street vacation. doc
, 2003.
, 2003.
I..
200303170013
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_I... ___ ~3/ 17/2983 88: 26A
ORD $'23. 8~ Ki tsap COI WA
BREMERTON CITY OF
3
Street Vacation-
2nd Street
EXHIBIT A
Legal Description of Vacation
A vacation of a portion of Second Street in the Plat of the Town of Bremerton, as recorded in
Volume 2 of plats, Page 30, records of Kit sap County, Washington, situate in Government Lot 3
of Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more
particularly described as follows:
Beginning at the northwest comer of Lot 9, Block 2 of said Plat of the Town of Bremerton, also
being at the intersection of the southerly right of way of said Second Street and the easterly right
of way of W ashington Avenue; thence along the northerly line of said Lot 9 and the southerly
right of way of Second Street 24.22 feet to the True Point of Beginning; thence northeasterly,
leaving said northerly line at a perpendicular 10 feet; thence southeasterly parallel to said
southerly right of way 141.10 feet; thence southwesterly, perpendicular to said southerly right of
way, 10 feet to said southerly right of way; thence northwesterly along said southerly right of
way 141.10 feet to the True Point of Beginning.
Consisting of 1,411 square feet.
_ u_I__ -..-
. -
200303170013
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_ ___ 93/17/2a93 as: 26A
ORD $23, a9 Ki tsap COI WA
BREMERTON CITY OF
4
Street Vacation -
2nd Street
,
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: ORDINANCE # lfB~1, VACATING
A PORTION OF SECOND STREET, EAST
OF WASHINGTON AVENUE.
fe.b\'""~CL>(Y l~ ~o3
FOR AGENDA OF: ,_lanJ1~)' ~9, 2003
ORIGINATING DEPT: PW&U Engineering Division
ORIGINATOR Michael C Mecham, City Enginee~~
DATE SUBMITTED: January 16, 2003
2. CLEARANCES: (commentonbackjf
Director, Public WorkslUtilities
, City Attorney
. Director, Community Development
Council Budget & Finance Committe
Operations Committee
ENDOR~ ~ JNFORMATION _ APPROVED BY COUNCil. PRESIDENT FOR SUBMlTI)
MAYO COUNCILPRESIDENT ~ ~
\.
3. EXHIBITS
A. Ordinance # 4 8 41
B. Site Map.
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has initiated the vacation of a portion of Second Street east of Washington Avenue. The City Council
conducted a public hearing on December II, 2002, in accordance with state law and the Bremerton Municipal
Code. The vacated area will be incorporated into the abutting City owned property to provide a site compatible
with usage for downtown redevelopment. This vacation is sought to enable the City to implement a plan, adopted
by Ordinance 4828, 4829 and 4830, that provide comparable or improved public access to the same shoreline area
to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
Functionality of Second Street as a transportation facility will not be significantly affected. Access to the
waterfront will not be impeded with this vacation. This is a Class II right-of-way and compensation is not required
in accordance with BMC 11.20.080. The City Council is being requested to approve, disapprove, or modifY this
vacation of a portion of Second Street, east of Washington Avenue.
8. RECOMMENDATION:
A. Mo:ve to appivve thG atttiGhea Ordffian08, BIt :liI:~t rearl;ng, vaoa~iftg a portion u[ St::wnd SLJ.c,,d CHst ef
~la~:s.mgtfln AvGnlte.
B. Move to pass Ordinance # 'f 6 '11 , on second .reading, vacating a portion of Second Street and Washington
Avenue.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE
TABLED
10. NOTICE OF ACTION
APPROVED ~ISAPPROVED
DATE:
11. AGENDA BILL NO: 03 - 0/1
AMENDED
!
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The right-of-way will not be vacated. 1bis will result in the inability to construct the hotel and conference center as
presently planned requlling a modification of the plans for the hotel and conference center.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQlJIPMENT 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\Vacations\City 2nd Street\Agenda Bill - Ordinance
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RESOLUTION NO. aBl1
A RESOLUTION of the City Council of the City of
Bremerton, W ashington, e~tablishing a hearing date for the
proposed vacation of a portion of Second Street east of
W ashington Avenue.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City has initiated the vacation of a portion of Second Street
east of W ashington Avenue.
SECTION 2. A public hearing will be held on December 11, 2002, at 5hlO R',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 3. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public hearing herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION 4. Severabilitv. 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 of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City ofBremerton, Washington thisdt21';l;
day of 7:f..~~ ,2002.
.~~
CAROL ARENDS, Council President
APPROVED AS TO FORM:
.~~ \\k~
KATHLEEN MCCLUSKEY, City Clerk
A. LUBOVICH, City Attorney
R:\LEGAL\Resolutions\Hearing re 2nd Street Vacation_doc
1
Hearing re 2nd Street Vacation
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AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: PUBLIC HEARlNG
VACATING A PORTION OF SECOND STREET,
EAST OF WASHINGTON AVENUE.
FOR AGENDA OF: December 11, 2002
ORIGINATING DEPT: PW &U Engineering Division
ORIGINATOR Michael C Mecham, City Engineer
DATE SUBMITTED: December 4,2002
2. CLEARANCES: (comment on bac
Director, Public WorkslUtilities -
City Attorney
Director, Community Development
Council Budget & Finance Committee
Operations Committee
3. EXHIBITS
. gngineering Staff Report.
. ite Map.
ENDORS~~
MA YORl '
INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITT
---COUNCIL PRESIDENT ~ ~
4. SUMMARY STATEMENT AND REOillREMENT FOR COUNCIL ACTION:
The City has initiated the vacation of a portion of Second Street east of W ashington Avenue. A hearing date of
December 11, 2002 was set by the City Council on November 20,2002. Posting of the hearing notices has been
completed in accordance with state law and the Bremerton Municipal Code. The vacated area will be
incorporated into the abutting City owned property to provide a site compatible with usage for downtown
redevelopment. Functionality of Second Street as a transportation facility will not be significantly affected.
Access to the waterfront will not be impeded with this vacation. This is a Class II right-of-way and compensation
is not required in accordance with BMC 11.20.080.
8. RECOMMENDATION:
MOVE TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO VACATE A PORTION OF
SECOND STREEt, EAST OFwA6'HING:rON A~ENUE AS PROPOSED.
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~-d4_7 I
I ·
.
,
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Not applicable, public input only.
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 of Public Rights-ai-Way
RCW 35.79 Streets
ab\Vacations\City 2nd Street\Agenda Bill - Public Hearing
STREET VACATION REQUEST
SECOND STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: December 11, 2002
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicants: City of Bremerton
3027 Olympus Drive
Bremerton, W A 98310
Location:
A portion of Second Street east of the intersection of W ashington Avenue
and Second Street.
B. Attachment: Vacation Map
BACKGROUND
The City of Bremerton has initiated the vacation process to vacate a portion of Second Street east
of Washington Avenue. This will be incorporated into the abutting City owned property to
provide a site compatible with usage for the downtown redevelopment as approved by the City
Council. Access to the waterfront will not be impeded with this partial vacation.
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
50 feet
44 feet
Asphalt
Both sides
Both sides
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:
November 6, 2002
Second Street Vacation
Page 1 of3
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:
Public use of this portion of Second Street is not affected.
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:
Existing street and sidewalks are in fair to poor condition. The vacation will allow for
reconstruction of the street with new asphalt, curbs and gutters, and sidewalks, to be
compatible with adjacent development.
4. Whether substitution of a new and different thoroughfare would be more useful to
the public.
Staff Position:
No other thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater public use
or need than presently exists.
Staff Position:
Public use of this portion of Second Street is not affected.
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.
November 6, 2002
Second Street Vacation
Page 2 of3
SHORELINE ACCESS
This portion of right-of-way does provide shoreline access. Pursuant to RCW 35.79.035 and
BMC 11.20.090, the proposed vacation will better serve the public good by enabling the
redevelopment of the site, and provides comparable public access to the same shoreline area
UTILITIES
All private utility companies have been contacted. An easement for Puget Sound Energy,
Cascade Gas, and Qwest will be required.
SUFFICIENCY OF SIGNATURES
N/A. This is a City initiated vacation of right-of-way.
COMPENSATION
N/A
STAFF COMMENTS
No objections were noted from Police, Fire, Engineering, City Attorney or Community
Development staff.
Staff recommends that this Street Vacation be approved as requested without modification.
ab, 2nd Street Vacation, Staff Report for Public Hearing
November 6, 2002
Second Street Vacation
Page 3 of3
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