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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