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HomeMy WebLinkAboutCHESTER AVE N OF 16TH ST Return Address: City of Bremerton City Clerk - , • 345 6`h Street, Suite 600 Bremerton,WA 98337-1873 • • BREMERTON CITY OF 201601130089 Ordinance Rec Fee: $ 82.00 Page: I of 10 't 01/13!2016 11:06 All Dolores Gilmore, Kitsap co Auditor I111111111111111111111t11ti111111111111111l11111Illi!!!illol1111k III1111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5258 • 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. Olympic College Dean of Business Additional names on page of document. Legal Description: Portion of the NE Y4,of Sec. 14,T 24,R 1E,W.M.,Kitsap County,Washington (abbreviated) [x' Additional legal is on page 5,7, 8 of document. Assessor's Property Tax Parcel/Account Number: 3804-006-001-1006 ORDINANCE NO.5258 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of Chester Avenue in exchange for dedication and construction of Broadway Avenue between 16th and 18`h Streets. WHEREAS,Olympic College has initiated the vacation in accordance with Bremerton Municipal Code(BMC) 11.20.070; and WHEREAS,the City passed Resolution No. 3225 setting a hearing date to consider the vacation of portions of Chester Avenue in exchange for dedication and construction of Broadway Avenue between 16th and 18th Streets for Olympic College,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 Chester Avenue legally 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,are hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. (a) An easement is reserved for Puget Sound Energy for operation,maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over,under and upon the entire area vacated pursuant to this ordinance. 1 Olympic College Vacation of Chester/Dedication of Broadway (c) 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. SECTION 4. Dedication of Right-of-Way. Portions of Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts legally described in Exhibit C,and further shown on the site plan set forth in Exhibit D,which exhibits are attached and incorporated herein by this reference,are hereby dedicated as City right-of-way. SECTION 5. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. 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 7. 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. PAS ED by the City Council of the City of Bremerton,Washington this _. day of ,2014. i 4 1 9 G' ' EELER,Council President Approved this day of /7z S7 ,2014. 6 P.1 ',1W PATTY Lif ,Mayor • APPROVED AS TO FORM: ATTEST: 5,,,,,,j\_c_,__:: )1 ,, ,._ . ,147 A. LU OVICH,City.Attorney SHANNON CORIN,City Clerk 2 Olympic College Vacation of Chester/Dedication of Broadway ti PUBLISHED the4g— day of �,{,c•f' 2014. EFFECTIVE the day of S.C. i'nY ,2014 ORDINANCE NO. R:11 cgal\Legal\Ordtnanccs\Pubhc Works&Utilities\Vacation-Dedication for OC-Chester-Broadway.doc • • 3 Olympic College Vacation of Chester/Dedication of Broadway EXHIBIT "A" (RIGHT OF WAY VACATION) That portion of Chester Avenue and that portion of 16th Street lying within Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts, as recorded In Volume 2 of Plats,page 51, records of Kitsap County, Washington; described as follows: Commencing at a brass disc monument, in case, at the intersection of Chester Avenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105, records of Kitsap County, Washington: Thence North 1°06'30" East along the centerline of said Chester Avenue a distance of 126.21 feet; Thence North 88°53'30" West 30.00 feet to the West right-of-way margin of said Chester Avenue and the Point of Beginning; Thence North 1°06'30" East along said right-of-way margin a distance of 360.89 feet; Thence South 88°22'25" East 60.00 feet to the East right of way margin of Chester Avenue; Thence South 1°06'33" West 300.45 feet along said East right of way margin to the beginning of a curve to the left; Thence 143.86 feet along the arc of a 155.00 foot radius curve to the left, said curve having a chord bearing of South 25°28'50" East, 138.76 feet to a point on a curve, concave to the Southeast having a radius of 55.50 feet from which the radius point bears South 52°37'39" East; Thence southwesterly (counterclockwise) and leaving said right of way margin, along said curve an arc distance of 30.46 feet through a central angle of 31°26'55" to a point on a curve, concave to the Northwest having a radius of 10.50 feet from which the radius point bears North 84°04'34" West; Thence southwesterly (clockwise) along said curve an arc distance of 4.76 feet through a central angle of 25°58'38" to a point on a curve, concave to the Southeast having a radius of 17.00 feet from which the radius point bears South 58°05'56" East; Thence southeasterly (counterclockwise) along said curve an arc distance of 12.75 feet through a central angle of 42°57'49" to a point on a curve, concave to the Northeast having a radius of 200.00 feet from which the radius point bears North 33°25'14" East; Thence northwesterly (clockwise) along said curve an arc distance of 140.54 feet through a central angle of 40°15'46"; Thence North 88°53'30" West, 24.17 feet to the Point of Beginning. '. ?SOW—(74' Cly I � )6L-15.061 18th St. ONO IIINMEIMIMMINIIM One OM 8 9 TRACT 5 Warren Smith's Acre Tracts Scale: 1"= 100' 1 10 v 30' 30' VAC-OCT 2013 26,796 Sq.FL 6 — 0.62Ac. Vacation Area 6 0046 True Point of Beginning I III 6 Proposed 7 CUI-de.saC g, ...A..., 0:°ft,c, ' 0 1 -1 16th St. g • 24783 Olympic College, Bremerton -NAL LAAO Vacation Exhibit "B" A Portion of the NE 114 N.L Olson &Associates, Inc. Section 14,T 24 N, R 1 E,W.M. (360)895-2350 or(360)876-2284 City of Bremerton Project No.8241 Kitsap County,Washington EXHIBIT"C" (RIGHT OF WAY DEDICATION) That portion of Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts,as recorded in Volume 2 of Plats,page 51, records of Kitsap County,Washington,located within Gov't Lot 3,Section 14,Township 24 North,Range 1 East,W.M.;described as follows: Commencing at a brass disc monument,in case,at the intersection of Chester Avenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and 105, records of Kitsap County,Washington; Thence South 88"27'27" East along the centerline of said 16Ib Street a distance of 331.69 feet to a brass disc monument,in case,on said centerline; Thence continuing along said centerline South 88"27'03"East,153.92 feet; Thence North 1"32'57" East 30.00 feet to the North right of way margin of said 16th Street and the Point of Beginning; Thence North 84"04'04' West,115.85 feet; Thence North 01"00'00" East,536.30 feet to the Southerly right of way margin of 18th Street; Thence North 88"25'55"West,51.00 feet along said Southerly right of way margin; Thence South 01"00'00"West and leaving said right of way margin a distance of 527.39 feet; Thence North 84"04'04"West,100.79 feet to the beginning of a curve to the right, Thence 18.61 feet along the arc of a 48.50 foot radius curve to the right,said curve having a chord bearing of North 73"04'22"West,18.50 feet; Thence North 62"04'40"West,43.99 feet to the beginning of a curve to the left; Thence 78.03 feet along the arc of a 55.50 foot radius curve to the left, said curve having a chord bearing of South 77"38'50" West, 71.76 feet to a point on a curve, concave to the Northeast,said point being on the existing right of way margin of 16th Street,having a radius of 155.00 feet from which the radius point bears North 37"55'46" East; Thence 93.61 feet, on said right of way margin,along the arc of a 155.00 foot radius curve to the left,said curve having a chord bearing of South 69"22'21"West,92.20 feet; • • (Exhibit 'C"cont.) Thence South 86"2523" East,72.54 feet Thence South 88"27'27" East,80.44 feet Thence South 88"27'03" East,153.92 feet to the Point of Beginning. AND: That portion of Tract 6 of the plat of Warren Smith's Acre Tracts,as recorded in Volume 2 of Plats,page 51, records of Kitsap County,Washington,located within Gov't Lot 3, Section 14,Township 24 North,Range 1 East,W.M.;described as follows: Commencing at a brass disc monument,In case,at the intersection of Chester Avenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and 105,records of Kitsap County,Washington; Thence South 88"2727" East along the centerline of said 16th Street a distance of 153.23 feet; Thence South 1"32'33"West, 30.00 feet to a point on the south right of way margin of said 161h Street the Point of Beginning; Thence North 88"27'27"West, 16.56 feet to the beginning of a curve to the right;Thence 81.82 feet along the arc of a 60.00 foot radius curve to the right,said curve having a chord bearing of North 49"23'21"West,75.63 feet to a point on a curve to the left concave to the northeast having a radius of 200.00 feet from which the radius point bears North 33"25'14"East; Thence 80.81 feet along the arc of a 200.00 foot radius curve to the left, said curve having a chord bearing of South 68"09'17"East,80.26 feet; Thence South 01"32'33"West, 19.82 feet to the Point of Beginning; IIIII moi- 1%� R�. u-� � I "Iv lath st. 8 3 9 TRACT 5 2 Warren Smith's Acre Tracts 10 1 V 30' sa L Vacation Area 8 %O Right-of-Way Dedication Area 4 7 Proposed "� Cut-de-sac Pont of Beginning 4 _.`!7, ,6th St. Point• Point of - Commencing a Beginning TRACT 6 Dedication area 3 Scale: 1"=100' `o its. • •;;;%�, I #1/47oJ ,: 4is I Olympic College, Bremerton Right-of-Way DedicationExhibit"D" Portion of the NE 114 % N.L Olson&Associates,Inc, Section 14,T 24 N,R 1 E,W.M. • (360)803-2 0 or 5 816.2289 aKits a ryof Bremerton No.3241 p County,Washington AGENDA BILL 1Db CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5258 vacating a portion of Chester COUNCIL MEETING Date: August 20, 2014 Avenue and dedicating Broadway Avenue, Department: Public Works& Utilities both actions between 16th and 18th Streets Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: Olympic College has petitioned the City to have a portion of Chester Avenue vacated. As compensation for the vacation, the College will dedicate and construct Broadway Avenue between 16th and 18th Streets. The relocation of the roadway is being done to allow for new building construction at the campus and is consistent with their master plan. • ATTACHMENTS: 1. Ordinance No. 5258 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ® No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ® Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5258 to(1)vacate a portion of Chester Avenue between 16th and 18th Streets, and (2)dedicate a portion of Broadway Avenue between 16th and 18th Streets. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 STREET VACATION FOR PORTION OF CHESTER AVENUE NORTH OF 16TH STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 20th, 2014. PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Olympic College 1600 Chester Avenue Bremerton,WA 98337 Location: Portion of Chester Avenue north of 16th Street. BACKGROUND Olympic College has petitioned the City to have a portion of Chester Avenue vacated as part of their Master Plan to enable new building construction in this area. As compensation, the College proposes to dedicate and construct Broadway Avenue between 16th and 18th Streets. No compensation is proposed for the additional right of way area. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY. • Functional Classification ' Street • Street • R-O-W Width 60 feet 50 feet • R-O-W Areas 26,796 sq. ft. 36,504 sq. ft. • Pavement Width 32 feet 40 feet • Surface Type Asphalt Asphalt • Curb and Gutter Yes Yes • Sidewalks Yes Yes 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 will better serve the Public as an Institutional facility. May 2014 Portion of Chester Avenue 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: Mitigation of the vacation of this portion of Chester Avenue will require the public right of way to be relocated as proposed by Olympic College. 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 provide shoreline access but will be mitigated for continued access to the north end of Chester Avenue where the shoreline is located. UTILITIES • All private utility companies have been contacted. Easements are required for the public and private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION May 2014 Portion of Chester Avenue Vacation Page2of3 Staff recommends compensation being in exchange for the dedication and construction of Broadway Avenue between 16th and 18th Streets. 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. • r! � • • 5 tA; f - , • Looking north from 16 Street over vacation area. May 2014 Portion of Chester Avenue Vacation Page 3 of 3 . E. F • ryt J o • c ,.. ,.,, I. .. r - ° 0ej o l� �� , 1' c' ci r, . . ,, r-, Wit.. f c i F '. , if:-.,..-icit? • •-•. ,• f•• • • • 1. �• ' I .I ;,' 'V' } • ° .,,.- - •,.,•.,=•••, t,r 'f''t i ,..a,_. .. !.-, _ !' . 9 •. ., : . r S • rte . - fy"" .•. ----/, r,' ! a ,, , 4' -- •. - ,1-.-! r, (( L . - ,,,,. 1 . 4 I [/17.\: -.;,.i.^'. • i-:.:,.,...' �r 1�?.%L �'' • ri 'moo '..m'1 •N >;/. ,.�' 't ?,',,- .\-- • r • L.�- ' �i, _ .off ';':',' ,1.'.,1„;:,,1 4 -' •r ... . ..� _,. I�� �'� Vii.'.. ,': :.-:'f .. - ,� f • C.. 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IRK 2016 CAMPUS MASTER PLAN '"'� GRAPIO WALE _ Olympic College-Bremerton Campus ro Schacht 1 aslant architects ' r Y'y; „......_:_:". . . --- I I.. • 1 ! •~s - ,• ;4 �� •BRUNER Ell • TRUST ! to 1II i I . .......:-.. ._ i I' I ( I Legend • * MIII ! _fir,. t� new buildings �� EUS -r • 0 EdstingbuA0ms 1, MI � -_--. ._..i �\ I I Neauge trees S orf--I. 1 ! iCfl } i . . is* , .. r....lite2.:1.,:. ,,,..,:;.., j X... •,...... i,,, 1 •-:f• I.. 1 - , . ,.. i . .. eaueEwslxlrcrlox I I I � 'I CURER I I. A1rto t. I I' I I .I 1 •I NUtRUROA MORAY SANDO -----T ..1 i Rex -• , 1 ,_ i .. ____..." .11.....,bill de Crizik.,1W. 'Tipaegeoes.1-----. --. i. . — Li , 6 ; . 1 • , ,„,,,, _.....„ .. ..., ,,.., _ \...______. . ,..., ' lb • • :' tou:. mance '. " - I i , _ , 1 9EgV. " 1 MART l f In �ill .� '�• -- uI ' ! iiii' oEYsvlccmuatE ', • I soya g s .L, _;� ! s PIANx0(0 eouxoAAr 412. namsca '1I l� EPonce' I ill.- : li • '''i W • BREMERTON UM io4oeI r•t.. COMPREHENSIVE CLAN • ' ----_�.. BOUNDARY �. BEEY[R BRIDERIeEHRA ', ! f '.1 — .4 ' I ' ' ,411. ,, IL' t: : : ..1.71 it. 1—j_.. - - : 7 ...ttIiir41:i' ;.:. _..' 1 S. .. :: :' - 'I i , ® ■ ..• 1 40414,,a1 '. 'I , . ___...11 . h....„ i r,;-,111r1Z-V.,:l ite!, ,,. ., ; 4.1. ., ::: i !. . li • I- ,, illi. i 4k :: I ;„ f __. _._ ___ .. - --`AIM I. • i • • .. ----._ • . .,L, aB..I�..J.• mu, 2039 CAMPUS MASTER PLAN NOef. GRAPHIC SCALE Olympic College-Bremerton Campus Schacht 1 aslant architects • Legend ❑ Dedicated right of way (36,491.5 sf) 0 Vacated right of way (26,805.29 sf) — Existing right of way — Proposed right of way I I Iis c �. ... � a �. /BrhSrreer — :i".1. .f.fir -- —•—•----—-- •- ---• --—•----.—.—_—_—_�._— ..., •------_._.---------•--- • t . 4 ! '88 Feet !i D —.....h.e0F.q' ., 0 °. I'• i il ^ • i l=e7 - .. ,- _ ._c ALIGN (-T i U - - - '\t. J • • 11 C iV � • _ 1 .' „, ....i. • • 1 '4I \ + � • Ileing . -....-.. .... / .till P. 1 2 .o p o - 1I. a . • 1- I ' - .60Existing + i'• e \ r . •Right of Way - •-.......„ _. 'h /J —c. I:. , . a . - o �' Proposed Building � �_--- ,51'Propo:edl (—� r _ 1Rghl ofWayJ� - r 1 )- - -- -4 ` I --- I .-_____ ________, 7 .. L ._:__ 12L________z! — } -_. _ -<.— —_— ,\ --- - w�-:--_..... .....�_ I .— — ._._ — -- - - -- 1 n..h• `i.4e. Yu1 \�. - �.- -_. ' -P_.... 16th Sneer_• .— I lr!' . c -••!, .' i \ ..)I. t .• : . COUGHLINPORTERLUNDEEN STRUCTURAL CIVIL SEISMIC ENGINEERING Right of Way Exhibit 8 801 SECOND AVENUE,SUITE 900/SEATfE,WA 98104 07/19/2013 " P 206.343 0460/F 206.343.5691 /cplinc.com Scale: 1" =40'