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Home My WebLink About31ST OLYMPUS SAUNDERS I I 200308200053 Page: 1 of 4 08/20/2003 09:48A $22,00 Kitsap COI WA BREMER TON CITY OF ORD Return Address: City of Bremerton 239 Fourth Street Bremerton, W A 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 4862 Reference Number(s) of Documents assigned or released: Grantor(s): 1. City ofBremerton D Additional names on page Grantee(s): I. City ofBremerton D Additional names on page of document. of document. Legal Description: Portion of the NE Qtr. of the NW Qtr. of Sec. 12, T 24 N, RIE, W.M. (abbreviated) D Additional legal is on page 3 of Ordinance of document. Assessor's Property Tax Parcel/Account Number: 122401-2-028-2007 ORDINANCE NO. :if~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the southerly six feet of East 31st Street between Olympus Drive and Saunders Avenue in the City of Bremerton. WHEREAS, the City has initiated the vacation of the southerly six feet of East 31 st Street between 01ympus Drive and Saunders Avenue in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2893 declaring its intention to vacate the southerly six feet of East 31 st Street between 01ympus Drive and Saunders Avenue, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent ofthe 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 July 9, 2003, 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 provide adequate area for fire station expansion; 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. SECTION 2. The southerly six feet of East 31st Street between Olympus Drive and Saunders Avenue in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and all easements contained therein. 1 Street Vacation- 3 pt Street I 200308200053 Page: 2 of 4 ~8/2~/2~~3 ~9:48A ORD ~2,~~ Kitsap Co, ~jA BREMERTON CITY OF 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 sewer lines over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines and appurtenances over, under and upon the existing facilities within the 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 ~ PASSED by the City Council the / ~ day of ~ ~~ ,2003. day of ,2003. CAROL ARENDS, Council President Approved this a. 'l#..! day of ~ '1- ATTEST: APPROVED AS TO FORM: " PUBLISHED the c1.i.MJ day of EFFECTIVE the dL.d..e day of ORDINANCE NO. J.!ff4;). ab:\Vacations\East 31 st Street Ordinance . ~t ,2003. ,2003. 2 Street Vacation- 3 pt Street BREMERTON CITY OF 200308200053 Page: 3 of 4 a8/2a/2aa3 a8:48A ORD $22 , aa K it, sap Co, WA ~ EXHIBIT A That portion of the Northeast quarter of the Northwest quarter of Section 12, Township 24 North, Range 1 East, Willamette Meridan, situate in Kitsap County, Washington, more particularly described as follows: The southerly 6 feet of East 31st Street from Olympus Drive to Sanders Avenue, as dedicated to the City of Bremerton by Bremerton School District No. 100-C on February 14, 1952 per Auditor File Number 555529. Together with easements to the City of Bremerton and Puget Sound Energy for utilities. East 31st Street Vacation Legal Description I BREMER TON CITY OF 200308200053 Page: 4 of 4 08/20/2003 08:48A $22,00 Kitsap COI WA ORD DATE SUBMITTED: June 20, 2003 BILL# 03-/~5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEARING AND ORDINANCE # qg fn .? VACATING THE SOUTHERLY SIX FEET OF EAST 31 ST STREET BETWEEN OL YMPUS DRIVE AND SAUNDERS AVENUE. Committee Meeting Date: N/A COUNCIL MEETING Date: JUly 9, 2003-- ~ 3~~" )..C>b3 Department: PW &U, Engineering I Presenter: Michael C. Mecham ~.tt' Phone: 473.5288 '''7 SUMMARY: The City initiated the vacation of the southerly six feet of East 31 s! Street between Olympus Drive and Saunders Avenue. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. The vacated area will be incorporated into the abutting City owned property to provide adequate area for fire station expansion. This is a Class I right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: A. Ordinance # 'fBrod-' B. Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ' MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: H elJ.rd ~ t?/3/().3 t,/3/o3 I I t1~ CONSENT AGENDA D RECOMMENDED MOTION: -A, I HlO';C to applOve the attached ordinance on first reading, v~r,~ting the 1O:('\11therly six f€lst 0fEast -JlS! Street\bdwc~;;Il Olympus Drive and Sal::lfl.dGlS AvCffi:l€. p:.ow B. I move to pass Ordinance # !iJ1Uon second reading, vacating the southerly six feet of East 31 s! Street,between Olympus Drive and Saunders Avenue. "-OW COUNCIL ACTION: [iZ( Approve D Deny D Table ab/ Agenda Bills 20m/East 31 st Vacation Ordinance D Continue D No Action WR/~HT I~ COI=/R T EXHIBIT FOR R.O.W. VACATION E. 31ST. ST'REET DATE 5/19/03 AREA TO BE VACA TED 31 st , STREET fAST WJ ::J ~ ~ ~ lr) Es CJ <: ~ lr) .0' ~ -------- 0:: CJ lI) ::J Q ~ --J C) ~ I RESOLUTION NO. 1Jj3 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of the southerly 6 feet of East 31 st Street between 01ympus Drive and Saunders Avenue. WHEREAS, the City has initiated the vacation of the southerly 6 feet of East 31 st Street between 01ympus Drive and Saunders Avenue; 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 July 9,2003, 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. If fifty percent or more ofthe 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 3. 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 ofthe remaining portion ofthis Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ~ PASSED by the City Council of the City of Bremerton, Wasbington tbis I pMJ day of 1/l!\,L ,2003. &A~ ~~' CAROL ARENDS, Council President R:\LEGAL \Resolutions\East 31 st Vacation, c 1 East 31st Street Vacation - Public Hearing DATE SUBMITTED: May 19,2003 BILL # D 3 - Il ( AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution # ~8'3 Setting a Hearing Date of July 9, 2003 for Vacating the Southerly 6 Feet of East 31 st Street between Olympus Drive and Saunders Avenue. Committee Meeting Date: June 3, 2003 COUNCIL MEETING Date: JUNE 11,2003 Department: PW&U, Engineering Presenter: Michael C. Mecham)flt!' ~ Phone: 478-5288 SUMMARY: The City initiated the vacation of the southerly 6 feet of East 31 st Street between 01ympus Drive and Saunders Avenue. The vacated area will be incorporated into the abutting City owned property to provide adequate area for fire station expansion. This is a Class I right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: 1.) Resolution #:1 ~'f3; 2.) Site Map; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~ RECOMMENDED MOTION: I move to pass Resolution #22!{3, setting a hearing date of July 9, 2003, for vacating the southerly 6 feet of East 31 st Street between Olympus Drive and Saunders Avenue. COUNCIL ACTION: ~pprove D Deny D Postpone D No Action AGENDA STATUS: Consent New Business Old Business Ordinance Resolution Public Hearing Information Study Session IT IT IT IT IT -B- II IA/R/1- - I~ VVI G'H / rnf J R T - -. ~ EXHIBIT FOR R.O.W. VACATION E. 31ST. STREET DATE 5/19/03 AREA TO BE VACATED STREET .0' EAST Lu ~ <: ~ ~ CJ) E5 CJ <: ~ CJ) ~ --- ct: CJ CJ) ~ Q ~ -J Q ~ \ STREET VACATION REQUEST EAST 31sT STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: July 9, 2003 PREPARED BY: Gunnar Fridriksson, Civil Engineer SUMMARY A. Applicant: City of Bremerton 239 Fourth Street Bremerton, WA 98337 Location: The southerly 6 feet of right-of-way for East 31st Street between Olympus Drive and Sanders Avenue. B. Attachment: None BACKGROUND The City of Bremerton has initiated the vacation process to vacate a portion of East 31 st Street Right-of-Way. The area to be vacated is behind the existing curb, gutter and sidewalk, and has been maintained as yard area. 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 54 32 Asphalt standard curb 4 foot sidewalks April 14, 2003 East 31st 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 East 31st 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: This is a vegetated portion of the right-of-way. The maintenance has been and will remain the responsibility of the City, as the adjacent property owner. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: The use of East 31st Street as a thoroughfare will not be impacted by this vacation. 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. April 14, 2003 East 31st 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: The City of Bremerton 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. An easement for puget Sound Energy shall be granted for a guy pole and anchor located in the vacation area. City Utilities have been reviewed. An easement for the existing storm line in the vacation area shall be granted. SUFFICIENCY OF SIGNATURES N/A. City intiated vacation. COMPENSATION N/A. City intiated vacation. STAFF RECOMMENDA liON No adverse comments were received from Police, Fire, Legal, Engineering or Community Development staff. Staff recommends that this Street Vacation be approved as requested without modification. April 14, 2003 East 31st Street Vacation Page 3 of 5 Looking westerly from the intersection of E. 31st Street and Olympus Drive at vacation area. Vacation will constitute the area from the cyclone fence to approximately 3.5 feet behind the existing sidewalk. April 14, 2003 East 31st Street Vacation Page 4 of 5 At Wright Avenue lllPproJ<imOOelY mid-block) lool<ing easterlY at vacation area. Note pSE gUY pole and anchOr in area of vacation. Apri\ 14,2003 E.ast 31st street Vacation page 5 of 5 ------~----------- --- -