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HomeMy WebLinkAboutALLEY - BREMERTON POLIC DEPT Return Address: City of Bremerton City Clerk 345 6t'Street, Suite 600 Bremerton,WA 98337-1873 BREMERTON CITY OF 201601130088 Ordinance Rec Fee: $ 78.00 Page: 1 of 6 01/13/2016 11:06 AM Dolores Gilmoriiiiiii Ktsap Co Auditor IIIIII IIIIII III IIII IIIIIIII IIII VIII VIII IIIIIII III VIII VIII VIII Iu IIII AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5256 Reference Number(s)of Documents assigned or released: N/A Grantor(s): 1. City of Bremerton Additional names on page of document. Grantee(s): 1. City of Bremerton Additional names on page of document. Legal Description: Portion of the SE'/,of the SE'/4, of Sec. 14,T 24,R 1E,W.M.,Kitsap County,Washington (abbreviated) x Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3718-021-001-0002, 3718-021-003-0109 4- ORDINANCE NO. 5256 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of alley right of way for the Bremerton Police Department. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 as part of the Police Department Headquarters; and WHEREAS, the City passed Resolution No. 3223 setting a hearing date to consider the vacation of a portion of the alley abutting the Bremerton Police Department, 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 August 20, 2014, 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 has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Right-of-Way. That portion of the alley right-of-way legally described in Exhibit A and shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owner subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. 1 Bremerton Police Department/Vacation of Alley SECTION S. Severability. If any one or more sections, 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. P SSED b the City Council of the City of Bremerton, Washington this 20day of , 2014. /4 tjjS GRE. ' HEELER, Council President Approved this Z'day of / , 2014. PATTY LENA • . or APPROVED AS TO FORM: ATTEST: )thi ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of A/fel IA:71--� 2014. EFFECTIVE the day of cf*'VV1�sti� ,2014 ORDINANCE NO. R:\Legal\Legal\Ordinances\Public Works&Utilities\BPD Alley Vacation.doc 2 Bremerton Police Department/Vacation of Alley EXHIBIT "A" SE 1/4, SE %, SECTION 14, TOWNSHIP 24, RANGE 1E, W.M., KITSAP COUNTY, WA THE 14 FEET OF THE ALLEY DEDICATED AS PUBLIC ALLEY IN THE PLAT OF THE TOWN BREMERTON, KITSAP COUNTY, WA ABUTTING PARCEL NUMBER: 3718-021-001-0002 LOT 1 & 2, BLOCK 21, PLAT OF THE TOWN BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. ALSO ABUTTING PARCEL NUMBER: 3718-021-003-0109 LOT 3, THROUGH 12, BLOCK 21 PLAT OF THE TOWN BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. i 1 i .. ,. EXHIBIT "B" ----ssi— Nv---miimi $0- 1111 II = II t7; I Lu 111 _1 u 1..0 z u) c) 1---(4 CO < \ . 0 I '3AV N388VM ,.. :,, ....., L __ _ . _ Z 0 -----, ce . . - ,-- . . „ LU co _ :0 i— 1.-- i 1 > 1 1--- < . u _... ' 44 •. , .,..., ,71, , 1 ,, ,, _ 1 , I > _..., X LLI . . L... ._.... . , 1111 ,.. '' '• '' fri I 1...:".ji ....1 -- - 311N3AV H31S3H) ' - ' I ---- AFFIDAVIT OF PUBLICATION Account#42742 AD#20142938 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,being first duly sworn on oath,deposes and says:That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit:And on Aug. 25,2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$33.89.This amount has not been paid in full. // (Signa ure of Principal Clerk) r NOTARY PUBLIC Subscribed and sworn to before me this day of September 4,2014. STATE OF WASHINGTON ► CHRISTY M MOFFITT ► C V \ My Appointment Expires July 08,2018 ORDINANCE NO.5256 AN ORDINANCE of the City Council of the City of Bremerton,Washington,relating to the vacation of alley right of way for the Bremerton Police Department. PASSED by the City Council on the 20th day of August,2014. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton,WA 98337. AUG. 25,2014 AD#20142938 AFFIDAVIT OF PUBLICATION Account#42742 AD#20142938 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull,being first duly sworn on oath,deposes and says:That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time,was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit:And on Aug. 25,2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$33.89.This amount has not been paid in full. • ii1 1 (Signa ure of Principal Clerk) Subscribed and sworn to before me this day of September 4,2014. NOTARY PUBLIC STATE OF WASHINGTON �h,• ^ CHRISTY M MOFFITT ; My Appointment Expires July 08,2018 ORDINANCE NO.5256 AN ORDINANCE of the City Council of the City of Bremerton,Washington,relating to the vacation of alley right of way for the Bremerton Police Department. PASSED by the City Council on the 20th day of August,2014. The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600, Bremerton,WA 98337. AUG.25,2014 AD#20142938 AGENDA BILL 168 CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5256 to vacate a portion of the alley COUNCIL MEETING Date: August 20, 2014 located south of Burwell Street and east of Department: Public Works & Utilities Chester Avenue for the Bremerton Police Presenter: Chal Martin Department Phone: 360.473.5920 SUMMARY: The City of Bremerton initiated the partial vacation of the alley abutting the Bremerton Police Department(BPD) property. This portion of the alley was blocked off by security gates during the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. ATTACHMENTS: 1. Ordinance No. 5256 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: O Consent Agenda 0 General Business ll Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5256 to vacate the alley right of way for the BPD. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table [' Continue ❑ No Action Form Updated 01/25/13 ALLEY VACATION FOR BREMERTON POLICE DEPARTMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: July 16th, 2014 PREPARED BY: Joe Keller/Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: Portion of Alley south of Burwell Street between Warren and Chester Avenues BACKGROUND The City of Bremerton is requesting a vacation of the alley abutting the Bremerton Police Department (BPD) property. This portion of the alley was blocked off by security gates during the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. With completion of this vacation, the City will also convert the remainder of the alley back to two-way traffic. It currently is designated one-way eastbound. The alley was dedicated in December of 1891 with the recording of the Plat of the Town of Bremerton, Volume 2 of Plats Page 30. As a right of way that was previously improved, this is Class II right of way. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 14 feet N/A • R-O-W Areas N/A N/A • Pavement Width 14 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A 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: May 2014 Portion of Alley Vacation for BPD Page 1 of 4 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 the right of way is not currently being utilized for public access, nor is it anticipated to be needed. 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 portion of the alley is currently not accessed by the public and maintenance is the responsibility of the BPD. 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: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent 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 Cascade Natural Gas Corporation will be retained for existing infrastructure. SUFFICIENCY OF SIGNATURES May 2014 Portion of Alley Vacation for BPD Page 2 of 4 This is a City-initiated vacation. COMPENSATION No compensation is due as a City-initiated vacation. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. MIL , .,. _ .�.� I I Ii 1 I I I . I' I 11 111.111.11111"111rillair - --woman& Locked BPD gate facing east from Chester Avenue, parked vehicles are in the area of the proposed vacation. May 2014 Portion of Alley Vacation for BPD Page 3 of 4 lii, •' 1 t 11 • 1'1 \\ \\A 11 • 't1, ',1,i it�1 1i _ t trtl '1 a ,V\ 14 i t11\!'4`,1, 1�� t'i�i';t.11,ri ' °+'\Ft1l,'itCi.i\l,, 1it.' .', I', \c`kIc k'l'1\. I`1'1, :1 11�� Ait`�`,111I 111.1 , , t .l. � Wr Ii' j .1 { i1,1.'1,�' ' i ,i.•, 1. I . , '\' u, iq 1 ,lM • i, s ! 1i ,ii,,t,',,, .),,t >4 ' ; I 1a, • { .t IY`, • ft e,l twlj,,l,,,1. • i i.' • 'I 1/,,,1,,,,,1 ' 1 i ti, 1 /;ill,l l 1111,1{�} .. 1111„ :III l'If�' • 'i' W i t 1 + /,1 • "I;'��/� 11 ' 1 \ t• '1 1, .. • •1• •- ;,4w ;,',/,'", ,';'''''.I; ........ ...... ..� 1 .4 ,;.,• N ,4 1f BPD gate facing west from alley, note security gate. May 2014 Portion of Alley Vacation for BPD Page 4 of 4 (PE AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3223 to Study Session Date: July 9, 2014 establish August 20, 2014, as a hearing date COUNCIL MEETING Date: July 16, 2014 to vacate a portion of the alley located south Department: Public Works& Utilities of Burwell Street and east of Chester Presenter: Chal Martin Avenue for the Bremerton Police Phone: 360.473.5920 Department SUMMARY: The City of Bremerton initiated the partial vacation of the alley abutting the Bremerton Police Department(BPD) property. This portion of the alley was blocked off by security gates during the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. ATTACHMENTS: 1. Resolution No. 3223; 2. Engineering Staff Report; 3. Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: IR No Presentation 0 Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3223 to establish August 20, 2014, as a Hearing Date to vacate the alley right of way for the BPD. COUNCIL ACTION: [Approve 0 Deny 0 Table El Continue ❑ No Action I Form Updated 01/25/13 RESOLUTION NO. 3223 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of alley right of way for the Bremerton Police Department. WHEREAS, the City initiated the vacation in accordance with Bremerton Municipal Code(BMC) 11.20.080 as part of the Police Department Headquarters; and THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. A public hearing will be held on August 20, 2014, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation and dedication. SECTION 2. Severability. If any one 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 3. 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 I ' day of J 1,4y , 2014. GRE: EELER, Council President APPROVED AS TO FORM: AU '. ROGER A. LUBOV1CHe SHANNON CORIN, City Clerk Vacation of Portion of the alley for Bremerton Police Department—Resolution ALLEY VACATION FOR BREMERTON POLICE DEPARTMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: July 16th, 2014 PREPARED BY: Joe Keller/Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: Portion of Alley south of Burwell Street between Warren and Chester Avenues BACKGROUND The City of Bremerton is requesting a vacation of the alley abutting the Bremerton Police Department (BPD) property. This portion of the alley was blocked off by security gates during the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. With completion of this vacation, the City will also convert the remainder of the alley back to two-way traffic. It currently is designated one-way eastbound. The alley was dedicated in December of 1891 with the recording of the Plat of the Town of Bremerton, Volume 2 of Plats Page 30. As a right of way that was previously improved, this is Class II right of way. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 14 feet N/A • R-O-W Areas N/A N/A • Pavement Width 14 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A 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: May 2014 Portion of Alley Vacation for BPD Page 1 of 4 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 the right of way is not currently being utilized for public access, nor is it anticipated to be needed. 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 portion of the alley is currently not accessed by the public and maintenance is the responsibility of the BPD. 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: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent 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 Cascade Natural Gas Corporation will be retained for existing infrastructure. SUFFICIENCY OF SIGNATURES May 2014 Portion of Alley Vacation for BPD Page 2 of 4 This is a City-initiated vacation. COMPENSATION No compensation is due as a City-initiated vacation. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. i 1 `� 1 1 1 11 1 1 I • _—T -- • - '.'d our► .111011MINFINER Locked BPD gate facing east from Chester Avenue, parked vehicles are in the area of the proposed vacation. May 2014 Portion of Alley Vacation for BPD Page 3 of 4 Ik\,\:I , \ '''' 't, \1 . :\ .::,1 i. , , if \\ k:1, I,ii II ‘,,,', ‘ki4 0 � t ( !1 \11. 11.\':11. f`. (1 kI, ,,,' ,'),•,‘S;;;,,, ' {• 1t knit\. (A ,.1,1,1 , r S r7.- ,y' 1.0'1( ,1�r1..',;;,.,':.1,',,n... f.'',., .A..1:,� k 1\c40,1..,,zik..(i‘xl'il, ,T1-..,.,..:,;.1,0. ....1,1,ii , . ! Vy, l i/ J� tyd, 1, 1 ,:, ` 1 • 1 /i 1 r',', Uij r' ii , } s1 1 /, ', ' , j p'�}, ''i ' , ,1 f ` , /„',1,/,''/;;,'",','''1:•?,'(? • iIlllli,,: lf;�i1,:u�, i �,.. • , lot, �. !t, „7",,, J r l;/,',',1,',' �1,. !,l 1' ...,.fib j';. l ( .I,f`I 1*j 1 .._ u'' l' i .1� /f r l l'I•I. •,l!, ill,r ., l ' jl. I il, !'J„/',Il! '(kr„w7 •;`w'M'!wO . 7sw .C'.. . , ,, BPD gate facing west from alley, note security gate. 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