HomeMy WebLinkAboutWARREN PARK 8TH 10TH
Return Address:
City ofBremerton
239 Fourth Street
Bremerton, VVA 98337
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200403080001
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t~3,OO Kitsap Co! WA
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance Number 4884
Reference Number(s) of Documents assigned or released: Not applicable
Grantor(s): 1. City ofBremerton
o Additional names on page
Grantee(s): 1. Not applicable
o Additional names on page
of document.
of document.
Legal Description: NE 1/4, SE 1/4, SEe. 14, T. 24N, R 1 E., VV.M., KIT SAP CO, VVA
( abbreviated)
o Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number:
Not applicable
ORDINANCE NO. 4lt8lf
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating the easterly portion of the alley bounded by Warren
Avenue, Park Avenue, 8th Street and 10th Street in the City of
Bremerton.
WHEREAS, the City has initiated the vacation of the easterly portion of the alley
bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street in the City of Bremerton;
and
WHEREAS, the City passed Resoludon No. 2914 declaring its intention to vacate
the easterly portion of the alley bounded by W arren Avenue, Park Avenue, 8th Street and 10th
Street, 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 January 14, 2004, 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 a new fire station; 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 easterly portion of the alley bounded by Warren Avenue, Park
Avenue, 8th Street and 10th Street 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 -
Alley Warren, Park, 8th Street, 1 (/h Street
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ORD t23.00 Kitsap Co! WA
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SECTION 3. Reservation of Easements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and repair of City utilities over, under and
upon the entire area vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas for operation, maintenance and
repair of a gas line and appurtenances 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 I~ J day of q 4 ~__ ,2004.
PASSED by the City Council the O? / ."t;t; day of q ~'-'1.L ~ ' 2004.
"..-
Approved this dI 'Z:t::JJ day of
C;-f1~"d~= ~20~
CARY BOZE , Mayor
----.
PUBLISHED the ~ day of
EFFECTIVE the ~ day of
ORDINANCE NO. J..fYK4
R:\LEGAL\Ordinances\Public Works & Utilities\Vacation - Warren, Park, 8th & 10th. doc
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2 Street Vacation-
Alley Warren, Park, 8th Street, lrlh Street
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Kitsar.1 Co! l,lA
EXHIBIT" A"
Legal Description
Street Vacation
North / South Alley between 10th Street, and the alley between Warren Avenue and Park
Avenue.
Said easement being the entire North / South Alley on the south side of 10th Street,
between 10th Street and the alley between Warren Avenue and Park Avenue bounded by
lots 11 and 12 of Block 000 Jacobson's Jens Addition. See exhibit "B" attached.
Subject to easements, covenants and restrictions of record.
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ALLEY VACATION FOR PROPOSED FIRE STATION ~.4Z~ r ~>,:"..,,':.,5r.,:.: :),:;~i':"'''''''''"
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~ =PORTION OF ALLEY TO BE VACATED
'=ALLEY TO BE DEDICATED,
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101
DATE SUBMITTED: December 16, 2003
BILL #
Of-oOd-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: HEARING AND
ORDINANCE # 4 B8t/. VACATING
THE EASTERL YPORTION OF THE
ALLEY BOUNDED BY WARREN AVE,
PARK AVE, 8TH STREET & 10TH STREET.
Committee Meeting Date: January 6,2004
COUNCIL MEETING Date: JANUARY 14,2004 -.:v-OV
Department: PW&U, Engineerin
Presenter: Michael C. Mecham \ \Lfof......
Phone: 473.5288
SUMMARY: The City initiated the vacation of the easterly portion of the alley bounded by Warren
Avenue, Park Avenue, 8th Street and 10th Street. 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 Bremerton Fire Department has proposed a new fire
station on the property abutting the proposed vacated portion of the alley, and will relocate the alley to
the west side of its current location. This is a Class I right-of-way and compensation is not required in
accordance with BMC 11.20.080.
ATTACHMENTS: A. Ordinance # ~. B. Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
A, I moY~ to appr.gve the ~ach.ed otdinatlc(' on finst n~ading, T/aeatiAg the easterly portion of the alley
16ul1Jt:J 1y VvTa~~U0, Park Avenue, 8th Street and 10th Sttt;'.e!.
B. I move to pass Ordinance # ~~%q on second reading, vacating the easterly portion ofthe alley
bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street.
--- -CONSrn\JT""AGENDA 0
COUNCIL ACTION: ~pprove 0 Deny 0 Table
o Continue 0 No Action
ab/ Agenda Bills 2003/ROW Vac Fire Station, Agenda Bill for Ordinance
RESOLUTION NO. d- q If
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of the easterly portion of the alley bounded by
W arren Avenue, Park Avenue, 8th Street and 10th Street.
WHEREAS, the City has initiated the vacation of the easterly portion of the alley
bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street, 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 January 14, 2004, 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 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 3. 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 of the remaining portion of this 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, Washington this ~~
daYOf~ ,2003.
&~~.
CAROL ARENDS, Council President
APPROVED AS TO FORM:
.~.,..~.
..- ,..,." .::
ROGER A. LUBOVICH, City Attorney
ab, Agenda Bills 2003, ROW Vac Fire Station, Reso, 12-03
1
Alley Warren, Park, 8th & 10th Vacation -Public Hearing
DATE SUBMITTED: December 4,2003
BILL# 0 3" :J'fo
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution # ~~Jt Setting a
Hearing Date of January 14, 2004 for
Vacating the Easterly Portion of the Alley
Bounded by W arren Avenue, Park Avenue,
8th Street and 10th Street.
Committee Meeting Date: December 16, 2003
COUNCIL MEETING Date: December 23, 2003
Department: PW &U, Engineering
Presenter: Michael C. Mecham#" ~ ~
Phone: 360-473-5288
SUMMARY: The City initiated the vacation of the easterly portion of the alley bounded by Warren
Avenue, Park Avenue, 8th Street and 10th Street. The Bremerton Fire Department has proposed a
new fire station on the property abutting the proposed vacated portion of the alley, and will relocate
the alley to the west of its current location. This is a Class I right-of-way and compensation is not
required in accordance with BMC 11.20.080.
ATTACHMENTS: 1.) Resolution #~; 2.) Engineering Staff Report
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
\;)-!to /03
,ti::;
~
CONSENT AGENDA D
RECOMMENDED MOTION: I move to pass Resolution #~~ '1, setting a hearing date of January
14, 2004, for vacating the easterly portion of the alley bounded by W arren Avenue, Park Avenue, 8th
Street and 10th Street.
COUNCIL ACTION: ~Approve D Deny D Table
ab, Agenda Bills 2003, ROW Vac Fire Station, Reso Set Hearing Date
D Continue D No Action
STREET VACATION REQUEST
ALLEY ABUTTING PROPOSED FIRE STATION ON PARK AVENUE
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: xxxxxxxx xx, 2003
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310
Location:
Portion of the Alley bounded by Warren Avenue, Park Avenue, 8th
Street and 10th Street.
8. Attachment: Exhibit Map
BACKGROUND
The City of Bremerton has initiated the vacation process to vacate the easterly portion
of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street. The
Bremerton Fire Department has proposed a new fire station on the property abutting the
vacated portion of the alley, and will relocate the alley to the west of its current location.
This relocation of the alley will aid the design and traffic circulation of the new fire
station. The proposed vacation location is illustrated on the attached exhibit map.
RIGHT-OF-WAY CONDITIONS
e Functional Classification
. Existing R-O-W Width
. Proposed R-O-W Width
. Pavement Width
. Surface Type
. Curb and Gutter
. Sidewalks
Alley
18 feet
18 feet
18 feet
Asphalt
N/A
N/A
31 October 2003
Alley Vacation for New Fire Station
Page 1 of 6
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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:
The alley is required for local access and use, and will need to be relocated.
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:
Relocation of the alley will not increase or decrease 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:
The alley shall be relocated to the west of its current location by approximately
20 feet. No other thoroughfare would improve circulation in this area.
5. Whether conditions mav so chanae in the future as to Drovide a areater
- - .#... .-
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.
The only abutting property owner, Bremerton Fire Department supports the
vacation.
SHORELINE ACCESS
31 October 2003
Alley Vacation for New Fire Station
Page 2 of 6
,"
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies were contacted. Cascade Natural Gas and Qwest will
retain an easement. Utilities easements will be reserved for the existing City storm and
sanitary utilities. All easements for existing utilities will be released upon redevelopment
of the surrounding properties and alley, and arrangements made for the utility
relocations.
SUFFICIENCY OF SIGNATURES
N/A. The City initiated the vacation.
COMPENSATION
N/A.
STAFF COMMENTS
The City Fire Department, Attorney, Department of Community Development, Police
Department, and Engineering supports this vacation.
Staff recommends approval of this street vacation with easements reserved for all
existing utilities. Easements will be released upon redevelopment of the surrounding
properties and roadway.
31 October 2003
Alley Vacation for New Fire Station
Page 3 of 6
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ALLEY VACATION FOR PROPOSED FIRE STATION
EXHIBIT MAP
31 OCTOBER 2003
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