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HomeMy WebLinkAboutPARK PLAZA DEVELOPMENT a Return Address: City of Bremerton City Clerk 345 6`h Street,Suite 600 Bremerton,WA 98337-1873 CITY OF BREMERTON 201512230309 Ordinance Rec Fee: $ 77.00 12/23/2015 04:11 PM Page: 1 of 5 Dolores Gilmore, Kitsap Co Auditor 111111 011111 1111 111111111111111111111111I1IIII 1111111 III IIIII IIIII 11111 IIII IIII AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No.5239 IReference Number(s)of Documents assigned or released:N/A Grantor(s): 1. City of Bremerton ri Additional names on page of document. Grantee(s): 1. City of Bremerton [1 Additional names on page of document. Legal Description: Portion of the SW 1/4,of Sec. 13,T 24,R 1E,W.M.,Kitsap County,Washington (abbreviated) ix Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3718-014-001-0304 ORDINANCE NO. 5239 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of portions of the alley and 4th Street for the Park Plaza Development Project and dedication of Park Avenue between Burwell and 4th Street as City Right of Way in the City of Bremerton. WHEREAS, The City of Bremerton facilitated the Park Plaza Development Project; and WHEREAS, the City passed Resolution No. 3206 setting a hearing date to consider the vacation of portions of the alley and 4th Street for the Park Plaza Development Project, 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 January 15, 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; and WHEREAS, that portion of Park Avenue from Burwell Street to 4th Street was conveyed to the City by the United States of America in 1967 as a portion of the property parcel associated with the Craven Center; and WHEREAS, while the City owns the property, Park Avenue was not dedicated as a right-of-way and City Council finds it appropriate to formally dedicate a portion of the property as a right-of-way; 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. Portions of the alley and portions of 4th Street, legally described in Exhibit A and as further identified 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. 1 Street Vacation and Dedication — Park Plaza Development SECTION 3. Dedication of Right-of-Way. A portion of property owned by the City of Bremerton between Burwell and 4th Street commonly known as Park Avenue, legally described in Exhibit A and further identified in Exhibit B, is hereby dedicated as City right-of- way. SECTION 4. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severability. If any one or more section, 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. ( , PASSED by the City Council the /5f day of \Jietibueryli , 2014. • (AL—C—t-- GREG WT ELER, Council President Approved th•is /5441- day of „JOU/4 / , 2014. PATTY LE , i ayor EST: APPROVED AS TO FORM: SHANNON L. CORIN, City Clerk ROS ER A. LUBOVICH, Ci PUBLISHED the ,'4f 6 day of dt y , 2014. EFFECTIVE the It day of - n , 2014. ORDINANCE NO. .02 ,312 Street Vacation and Dedication — Park Plaza Development EXHIBIT A Vacation Description for portion of Alley: The south 4 feet of the alley lying adjacent to and abutting the easterly 24 feet of Lot 4 and Lots 5 through 15, inclusive, in Block 14 of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County,Washington,situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East,Willamette Meridian, Kitsap County,Washington Vacation Description for portion of 4th Street: That portion of 4`h Street of the Plat of the Town of Bremerton, as recorded in Volume 2,of plats Page 030,records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N l°37'00"E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4th Street; thence along the centerline of said 4'h Street, S88°24'41"E 122.11 feet; thence leaving said centerline, S l°40'09"W 18 feet to the True Point of Beginning; thence continuing S I°40'09"W 12 feet to the southerly margin of said 4th Street; thence N88°24'41"W 102.11; thence NI°40'09"E 12 feet;thence S88°24'41"E 102.11 feet to the True Point of Beginning. Dedication Description for Park Avenue: That portion of Park Avenue(formerly Dock Street)between Burwell Street and 4th Street as shown on the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030,records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24,Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington; Except the east 10 feet. EXHIBIT A—Partial Vacation of 4`h Street and Alley and Dedication of Park Avenue EXHIBIT B ui2 tn .41r) r. ' ) ------LY- % Z W % , Nm U CeW _ p4 'ki •,., . . -- — Q.11*111*1*11*140. •0bm. z c-1,..„.. „g -k§ r Z0. t1. NIor)' FrN 01 1-3 � t - `�°_ .a P`w b 2g ,...;:,,,,,i.. `Of, ti wf ,� t W a N > a! 1 tp4,4,,,,, , 1--.;--,,,,„,.,-„,,,, — --- —„ NI. ,, ..-2.-„,-,,,,,;' ---i Q0 ,... �... £ , - .. Un. a VJ il Ct 1 CI) H 0.- _ t O , kn r_i ! ,jE.1 • _ - " c N w 3AV NWV-d r` -4 th 3 i- } AGENDA BILL 9A CITY OF BREMERTON CITY COUNCIL SUBJECT PSE easement &Ordinance No Study Session Date January 8, 2014 5239 vacating and dedicating rights-of-way COUNCIL MEETING Date January 15, 2014 relating to Park Plaza Development Project Department Public Works & Utilities Presenter Chal Martin Phone 360 473 5920 SUMMARY The City of Bremerton initiated the partial vacation in both the alley and 4th Street to facilitate the Park Plaza Development Project, which consists of a movie theatre, parking garage and apartment pad The alley vacation is for the south four feet of the alley, adjacent to the City property The alley is bounded by Park and Pacific Avenues, and Burwell and 4th Streets The 4th Street vacation is for the south 12 feet of the right of way adjacent to the City property starting just east of Park Avenue Included with these right of way vacations is the dedication of Park Avenue between Burwell and 4th Streets to the City street system In conjunction with the street vacation and dedication and as a part of the Park Plaza Development Project, the City proposes to grant PSE an easement on a portion of Park Avenue in exchange for the release of an existing easement within the street ATTACHMENTS 1 Engineering Staff Report 2 Ordinance with Exhibits A (legal descriptions) and B (site plan), and 3 PSE easement with Exhibits A& B (legal descriptions), and C (easement drawing) FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA ❑ No Presentation © Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business © Public Hearing RECOMMENDED MOTION Move to 1) pass Ordinance No 5239 to (1)vacate a portion of right of way in both the alley and 4th Street for the Park Plaza Development Project and (2)to dedicate Park Avenue between Burwell and 4th Streets as presented 2) authorize the granting of an easement to PSE upon the condition of PSE's release of easement as proposed and authorize the Mayor to finalize and execute the easement with substantially the same terms and conditions as presented COUNCIL ACTION n Approve [ Deny ❑ Table U Continue ❑ No Action Form Updated 01/25/13 STREET VACATION AND DEDICATION REQUEST PARK PLAZA DEVELOPMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE October 2, 2013 PREPARED BY• Gunnar Fndnksson SUMMARY A Applicant City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Location 1 The South 4 feet of the 14 foot alley, lying in Block 14 of the Plat of the Town of Bremerton, from 96 feet to 450 feet from the east margin of Park Avenue Bounded by Burwell/4th Streets and Park/Pacific Avenues 2 The South 12 feet of 4th Street, lying adjacent to Block 14 of the Plat of the Town of Bremerton, from 20 feet east of the intersection to Park Avenue to the east line of Lot 48 of said Plat 3 Park Avenue from Burwell Street to 4th Street (Dedication) BACKGROUND The City of Bremerton initiated the Park Plaza project which is a redevelopment of the existing City parking lot and property remnants from the SR 304 Pedestrian Improvements Project (Bremerton Tunnel) The westerly 120 feet of the alley, Park Avenue between Burwell and 4th, and the easterly 120 feet of the alley in Block 19 were all vacated by the City in 1918 and 1923 for the United States Navy to construct the Craven Center The Navy conveyed the majonty of this property, including the vacated alleys and Park Avenue, back to the City in 1967 with the demolition of the Center The City rebuilt Park Avenue through from Burwell to 4th and constructed a surface parking lot on the remainder of the properties on both sides of the new street Neither Park Avenue or the existing access to the alley from 4th Street were ever properly dedicated as nght of way after this conveyance With the construction of the project, portions of the structure project into the nght of way for 4th Street and the alley These portions of the right of way need to be vacated so that the improvements are on pnvate property, along with properly dedicating Park Avenue between Burwell and 4th Street as nght of way October 2013 ROW Corrections with Park Plaza Development Page 1 of 5 RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley/Street Alley/Street • R-O-W Width 14 feet/60 feet 10 feet/48 feet • R-O-W Areas N/A N/A • Pavement Width 14 feet/38 feet 10 feet/38 feet • Surface Type Concrete Asphalt/Concrete • 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 Heanng 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 Vacation of both the alley and 4th Street allowed development of the site for the Park Plaza project which is in the best interest of the City 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 these areas 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 The existing alley is a dead-end and 4th Street will continue to support two-way traffic 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 The alley, Park Avenue and 4th Street are all classified as local streets October 2013 ROW Corrections with Park Plaza Development Page 2 of 5 6 Whether objections to the proposed vacation are made by owners of private property abutting the same Staff Position The City of Bremerton is the sole adjacent property owner SHORELINE ACCESS This portion of nght-of-way does not provide shoreline access UTILITIES All private utility companies have been contacted No pnvate or public utilities currently exist in the areas to be vacated, so that there are no easement reservations SUFFICIENCY OF SIGNATURES Not Applicable -The City initiated the vacation COMPENSATION Not Applicable - The City initiated the vacation STAFF RECOMMENDATION City Attorney, Police, Fire, Engineenng and Community Development staff notes no objections to the proposal Staff recommends that this Street Vacation be approved as requested October 2013 ROW Corrections with Park Plaza Development Page 3 of 5 V I\ - 1 i j `,- if z" , „�..• •. �.u,,, { ! •,, .-_-:. ...1- tAir... „<"'''''' I. - . • r ' a�l�.-Sk J['?__ a. .l ry � 1 7MVa_'u1 1 - , 1,i 1N — F _ .:....::, ,. 1 11 _,i,L__. __ , G —_—.s-,� - _ W -______4._.1___, 71 I D a { Nolkical2 110ge Looking westerly from east half of proposed alley vacation Note protrusion of parking garage, apartment slab, and movie theatre into alley A, , A P r . w J e,lr ! ok_ ! U .� { I _ •-s. A e a c e ��dd66�� L677 S a b 'o op o O a ^ ,] Close up of 10 foot alley at approximately mid-point October 2013 ROW Corrections with Park Plaza Development Page 4 of 5 `. t i ilk, 7"---------.--...- 1- ( ii. fir-,,t,e i 7 2 I „ lilt ,, J-- I'; - ,�,p , _i f h l mo i ` ;0. f----3 STOP ':r 1 ,itt.t. _ s I wti '. tg IA _ _ M f ; h tt14 1 t 11 t ti ht z \::____ r _ 4 ( .. ll' - milw_ i--- — -- Looking easterly through Park/4th intersection Note future coffee kiosk, movie theater ticket box office and staircase in ROW o �� a �,,• �' , 41212. "", t ),i1":.4,'::-:*�' '� �NI,-*off��r';',-4-1 li pp i. �_!� al l r " ' {¢ I t a t tip` - / .,, -j _t-f.. rw � '1_..., 44 I 11111'10\1' t 4 c,= i,L. ‘t r rf)" ' -,--;.------ ...: _ __ ,_. ...\._, 110vai.7.......:: :. .... .r.................,--- . ..,------------. v ----____ '' '' 1t10D4102012 10°Ai i -, Looking southerly at Park Avenue Improvements from 4 /Park Intersection Note street centerline offset, monument for Park Avenue is towards bottom of picture October 2013 ROW Corrections with Park Plaza Development Page 5 of 5