HomeMy WebLinkAboutE 9TH STREET •
•
•
•
•
Return Address: City of Bremerton
City Clerk
345 6th Street, Suite 600 •
Bremerton,WA 98337-1873 •
•
•
BREMERTON CITY OF 201601130090
Ordinance Rec Fee: $ 78.00
01/13/2016 11:06 AM Page: 1 of 6
Dolores Gilmore, Kitsap Co Auditor
1110110111111 III 11101111111 1111 1111 11111 110101 III IIII 11111 1111 I IIIIII
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 5259
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. Trepanier Kathleen
Additional names on page of document.
Legal Description: Portion of the NE %,of the SE '''A, of Sec; 13,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: 3913-022-001-0003
fr
ORDINANCE NO. 5259
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 9th Street between Pitt Avenue and Shore Drive.
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. 3226 setting a hearing date to
consider the vacation of a portion of the right of way for,9th Street between Pitt Avenue and
Shore Drive, 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 1. Vacation of Right-of-Way. That portion of 9th Street 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, 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
9`h Street Vacation
-
SECTIONS. 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 City Council of the City of Bremerton,Washington this 71O day of
6( the ,2014.
• (A)
GRE ' EELER,Council President
Approved this 24111-day of & ,2014.
Jr, gig/
PATTY LEN i.f ayor
APPROVED AS TO FORM: ATTEST:
'Ply(
•
4••
ROGER A. LUB VICH,City Attorney SHANNON CORIN,City Clerk
PUBLISHED the „ day of � (�(S , 2014.
EFFECTIVE the day of S.C. Th ,2014
ORDINANCE NO.
•
R:\Legal\Legal\Ordinances\Public Works&Utilrties\9th Street Vacation Between Pitt and Shore.doc
2
0 Street Vacation
EXHIBIT"A"
GOV'T LOT 4, NE X,SE X, SECTION 13,TOWNSHIP 24, RANGE 1E,W.M., in
KITSAP COUNTY,WA
THE SOUTH 25 FEET OF EAST 9TH STREET A DEDICATED PUBLIC STREET IN THE
PLAT OF DECATUR, KITSAP COUNTY,WA
ABUTTING
PARCEL NUMBER:3913-022-001-0003
LOT 1, BLOCK 22, DECATUR,AS RECORDED IN VOLUME 1 OF PLATS, PAGE 67,
RECORDS OF KITSAP COUNTY,WASHINGTON.
Exhibit "B"
E 9th Street Right of Way Vacation
NE 1/4, SE 1/4, Sectionl3, Township 24, Range 1E, W.M., Kitsap WA.
7/00 ��
4 11 -
/ 011 00
/ 5 ��� 4 003- 3 �o
7 ► / 00 00 010- 00
e,,,
' E64'� 9
009-00
006-/O07 �L
/ 8 �2G 8
/ 007=-0.9
9 007-00 7
••''" RIGHT OF WAY VACATION EAST 9TH S TREE T
0\ s 001 -00 1 2\\ \u
k' 2 do �• \ ..9O� �DD \0 3 002-400
4 4 , OQ L �
� / ° 003/00 ��� . �' V
' / / (0' 6 \<
'�',( / 6
¶ o0�
i J ,/ / 7 006/0
. \/(42 \\. / ,,,. _,- _/, _ - —.. _ /
AGENDA BILL 10 E
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014
No. 5259 vacating a portion of the south half COUNCIL MEETING Date: August 20, 2014
of 9th Street between Pitt Avenue and Shore Department: Public Works & Utilities
Drive Presenter: Chal Martin
Phone: 360.473.5920
SUMMARY: The adjacent property owner has petitioned the City to have the south twenty-five (25)
feet 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. 5259 with Exhibits; 2. Engineering Staff Report
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: lI No Presentation 0 Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda 0 General Business CZ Public Hearing
RECOMMENDED MOTION:
. Move to pass Ordinance No. 5259 to vacate a,portion of the south half of 9th Street.
COUNCIL ACTION: 0 Approve ❑ Deny ❑ Table El Continue 0 No Action
Form Updated 01/25/13
•
STREET VACATION FOR PORTION OF
E. 9th STREET
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: August 20, 2014
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Kathleen Trepanier
306 Shore Drive
Bremerton, WA 98310
Location: Portion of E. 9th Street between Pitt Avenue and Shore Drive.
BACKGROUND
The adjacent property owner has petitioned the City to have the south 25 feet of the
street vacated as the roadway was constructed on the northern half of the right of way.
The right of way was dedicated by the plat of Decatur in March of 1889. As the right of
way is unimproved, it is Class 3.
RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
• Functional Classification Street Street
• R-O-W Width 60 feet 35 feet
• R-O-W Areas N/A N/A
• Pavement Width 18 feet 18 feet
• Surface Type Asphalt Asphalt
• Curb and Gutter No No
• Sidewalks No No
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.
Portion of 9th 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 this is Class Ill right of way.
Portion of 9`n 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.
•
Al I
777 y •
� w
u - -
Looking East from Shore Drive down 9`h Street.
Portion of 9th Street Vacation
Page 3 of 3
so�
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Tuesday,August 19, 2014 2:44 PM
To: City Council
Subject: FW: Response to Citizen Comments-Current Agenda Items 9A and 10E(Jim McDonald)
•
Attn: Council Members(FYI)
•
From: Chal Martin
Sent: Tuesday, August 19, 2014 2:33 PM
To: City Council; 'Jim McDonald'
Cc: Patty Lent; Milenka Hawkins-Bates;Thomas Knuckey; Gunnar Fridriksson
Subject: RE: Citizen Comments -Current Agenda Items 9A and 10E(Jim McDonald)
Mr. McDonald,thanks for your inquiry.
The additional consultant work for a pre-design report for the Schley Canyon Culvert Replacement(estimated to cost
$30,000) is programmed in the 2015 Storm Capital Improvement Plan. The other$20,000 envisioned for technical work
related to the Lower Wheaton Way project is distributed according to the ratios associated with the expected project
expense by fund.
Regarding the right of way vacation of a portion of E. 9`h: this is a good point, and a consideration for the Council. My
thinking on this segment is that at some point in the future, and in consultation with the neighborhood, this little piece
between Upper Shore Drive and Pitt could be closed completely to vehicle traffic and converted to a pedestrian --
facility/urban trail. Presumably that would occur in conjunction with converting Upper Shore Drive into a pedestrian-
only facility as well. I have heard discussion about this possibility at some future date. It seems to me there is a lot of
time to think more about this,as the traffic volumes on Upper Shore Drive are quite low. I jog that route frequently (it is
a beautiful route);often encounter other walkers/joggers; occasionally encounter vehicles and the vehicles are always
moving slowly and are courteous to pedestrians and joggers. I am rambling so I'll stop talking. But this area is a gem for
the City, no doubt. Chal
Cha)A.Martin,P.E.
Director, Public Works and Utilities Department
City of Bremerton
(360)473-5758/ (360)473-5018 Fax
chal.martin@ci.bremerton.wa.us
From: Lori Smith On Behalf Of City Council
Sent:Tuesday,August 19, 2014 11:15 AM
To: 'Jim McDonald'
Cc: City Council; Chal Martin
Subject: RE: Citizen Comments- Current Agenda Items 9A and 10E (Jim McDonald)
•
Mr. McDonald,
Thank you for providing your comments on two items listed for discussion at the next Council Meeting on August 20,
2014.
Please note that I've attached an amended Agenda to clarify that one of the referenced items(the "Consultant
Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc.for the Lower Wheaton Way Bridge to Bridge
Trail Project") is now listed as Item 9A under General Business.
1
Your comments regarding Item 9A and 10E will be shared with the Council Members for their review and
consideration. I have also provided a copy to Public Works Director Chal Martin for his information;and a copy will be
included as a part of the record for both Item 9A and Item 10E.
It is appreciated that you took the time to contact the City.
Lcr^ISrn%th,
Legislative Assistant
Bremerton City Council
(360)473-5280
B
From:Jim McDonald [mailto:jimmc90Ctgmaii.com]
Sent: Monday, August 18, 2014 7:40 PM
To: City Council
Subject: comments on current agenda items
Honorable Council Members, please consider my questions and comments regarding your next proposed
agenda items:
Consent Agenda Item H: Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc.
for the Lower Wheaton Way(Bridge-to-Bridge Trail) Project
This project seems like it is entirely stormwater related. Why doesn't the stormwater funding pay for all of this
project and why are parts of the cost pro-rated to the water, sewer, and street projects? A culvert replacement
clearly falls under the expense of the stormwater program...and nothing else.
Public Hearing number 5229(Public Hearing 10E)regarding the vacation of a portion of East 9th Street.
This vacation may not be in the Public interest because it leaves no room for future sidewalk or bike lane
improvements. Request easements be reserved for future bike lane and sidewalk construction.
Thank you for your consideration to these matters,
R, Jim McDonald
1311 Marlow Ave, B6
Bremerton, WA 98310
•
2