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HomeMy WebLinkAboutHOME STREET AT WINFIELD AVE • e • • Return Address: City of Bremerton City Clerk • 345 6`"Street,Suite 600 • Bremerton,WA 98337-1873 • • CITY OF BREMERTON 201512230310 Ordinance Rec Fee: $ 77.00 page: 1 of 5 • • 12/23/2015 04:11 FM Dolores G�1IIIr Kitsap Co Auditor AltIIIIIIIIIIIIIIiIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIII • AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5257 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. Wedeven David B&Carol A Ij Additional names on page of document. Legal Description: Portion of the NW '/,of the NE ''A, of Sec. 13,T 24,R 1E,W.M.,Kitsap County, (abbreviated) Washington x Additional legal is on page 4 of document. {Assessor's Property Tax Parcel/Account Number: 4985-003-001-0004 • • • • • • ORDINANCE NO. 5257 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3224 setting a hearing date to consider the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west, 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 Home Street between Winfield Avenue and the alley to the west described in Exhibit A and as 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 owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. 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. 1 Home Street Vacation • SECTION 5. 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?011` PA ED by the City Council of the City of Bremerton, Washington this day of ,2014. OP GRE ELER, Council President 11 Pith Approved this .c.x,---day of 41/441.6./ , 2014. PATTY LE ayor • APPROVED AS TO FORM: ATTEST: # ROGER A. LUBOVICH, City Attorney SHANNON COR1N, City Clerk A PUBLISHED the day of f---74..41A ,2014. EFFECTIVE the — day of cSt.10R.1:y,10 tit" ,2014 ORDINANCE NO.. 7 RALegaIlLeganOrdinances\Public Works&Utilities\Home Street vacation.doc 2 Home Street Vacation EXHIBIT "A" SECTION 13,TOWNSHIP 24, RANGE 1E, W.M., in KITSAP COUNTY, WA THE SOUTH 25 FEET OF HOMES STREET A DEDICATED PUBLIC STREET IN THE PLAT OF RYTHER'S FIRST ADDITION TO DECATUR, KITSAP COUNTY, WA ABUTTING PARCEL NUMBER:4985-003-001-0004 LOT 1, BLOCK 3, RYTHER'S FIRST ADDITION TO DECATUR, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 77, RECORDS OF KITSAP COUNTY, WASHINGTON. Exhibit "B" Home Street Right of Way Vacation Section13, Township 24, Range 1E, W.M., Kitsap WA. 1 -76---------kj.)------ ----•---- • , 9 1. N _ I QQ9 00 �. r . 15UII4=0 DC. yi ( 10 _.....,,, W:� � - E .1- .X ,X7-i. –_______ ___ ____________ ____.— --____________------' 4::: If 1 1 s 01.3- 01 011 - 00 11 I LL,' OH 12 013-00 • I 012- 00 • W 1HOME S TREE T Q RIGH T OF WA Y VACA TION -0 25' 12 012- 00 001 -00 1 01 „ :7, it `- E ' 2 011 - 00 i 2 002-01 014 ) w •10 � - D 010-00 3 003- 00 01 E 9 r-- . . 009-00 004- 0 4 I!. 0 011= AGENDA BILL C 10 CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5257 vacating the south half of Home COUNCIL MEETING Date: August 20, 2014 Street between Winfield Avenue and the Department: Public Works& Utilities alley to the west. Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: The adjacent property owner has petitioned the City to have the south half of the street vacated as the roadway was built entirely in the northern half of the right of way. No street improvements have been made in area proposed for vacation. ATTACHMENTS: 1. Ordinance No. 5257 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS(Include Budgeted Amount): None. STUDY SESSION AGENDA: ll No Presentation 0 Full Presentation STUDY SESSION ACTION: 0 Consent Agenda 0 General Business lI Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5257 to vacate,the south half of Home Street between Winfield Avenue and the alley to the west. COUNCIL ACTION: ❑ Approve ❑ Deny El Table ❑ Continue ❑ No Action Form Updated 01/25/13 STREET VACATION FOR PORTION OF HOME STREET AT WINFIELD AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 20, 2014 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: David Wederen 2472 Marine Drive Bremerton, WA 98312 Location: Portion of Home Street between Winfield Avenue and west to alley. BACKGROUND The adjacent property owner has petitioned the City to have the south half of the street vacated as the roadway was built entirely in the northern half of the right of way. The right of way was dedicated by the Plat of Ryther's First Addition to Decatur in January of 1904. As the right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street N/A • R-O-W Width 50 feet N/A • R-O-W Areas N/A N/A • Pavement Width 22 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: 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 the roadway, nor is it anticipated to be needed. May 2014 Portion of Home Street Vacation Page 1 of 3 • 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 portion of 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 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. No easements are required for the public or private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION No compensation is owing as Class III right of way. May 2014 Portion of Home Street Vacation Page 2 of 3 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. • • , • Shu :-• • - - . Looking westerly from east side of Winfield Avenue over vacation area. • May 2014 Portion of Home Street Vacation Page 3 of 3