HomeMy WebLinkAboutPORTION OF ADELE AVENUE Return Address: City of Bremerton
City Clerk
345 6'h Street,Suite 600
Bremerton WA 98337-1873
BREMERTON CITY OF 201601130091
01//13/2016R11:068AM$ 77.00
Dolores Gilmore, Kitsap Co Auditor
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 5244
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. Mahay LLC
Additional names on page of document.
Legal Description: A portion of the NE 1/4 of the SW % of Section 15 Township 24 N.,Range 1E,W.M. in
(abbreviated) Kitsap County,WA
X Additional legal is on page 4 of document.
Assessor's Property Tax Parcel/Account Number: 3783-002-009-004
ORDINANCE NO. 5244
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of a portion of
Adele Avenue at the Bertha Avenue intersection.
WHEREAS, the City passed Resolution No. 3213 setting a hearing date to
consider the vacation of a portion of Adele Avenue at the Bertha Avenue intersection as a right-
of-way, to take public comment or consider written objections to the vacation; and
WHEREAS, the adjacent property owners petitioned the City to vacate the right-
of-way area; and
WHEREAS, the property to be vacated as a right-of-way is owned by the City in
fee title an upon vacation is proposed to be conveyed to the adjacent property owner upon
payment of consideration for the property; 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 April 2, 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, the City Council finds it appropriate to reserve certain easements
within the area to be vacated; 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. The portion of Adele Avenue at the Bertha Street
intersection, as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated as a right-of-way and authorized to be conveyed by quitclaim deed
to the abutting property owner subject to the following conditions:
(a) Reservation of easements as set forth in Section 3 below.
(b) Payment of compensation of$57,365.00 to the City for the area to be vacated.
Upon meeting the conditions above,the Mayor is authorized to execute the quitclaim
deed and other applicable documents.
1
Vacation & Conveyance—Portion of Adele Avenue
SECTION 3. Reservation of Easements. An easement is reserved within the
area vacated to CenturyLink for its service facilities and to the City of Bremerton for existing
and future utilities.
SECTION 5. Vested Rights. No vested rights shall be affected by the provisions
of this ordinance.
SECTION 6. 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 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.
PASSED by the City Council the day of Apr71 , 2014.
4gai (A) e
Greg eler, Council President
Approved this 2 ' day of /4-Po Ip[ L— , 2014.
PATTY O:Mayor
A TEST: APPROVED AS TO FORM:
SHANNON L. CORIN, City Clerk RO ER A. LUBOVICH, '- • - : -
PUBLISHED the day of r'1/ , 2014.
EFFECTIVE the /mss d y f Yi`/ ,2014.
ORDINANCE NO. in,
R:\Legal\Legal\Ordinances\Public Works&Utilities\Adele Avenue vacation.doc
2
Vacation & Conveyance—Portion of Adele Avenue
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CONSULTANTS INC MAHAY LLC FOR
DATE` JOB 65
�`= P.O.BOX 930 • SILVERDALE.WA.98383• (360)692-6400 1/21/14 5865 I
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CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS
P.O.BOX 930 • 3472 N.W.LOWELL"OLD TOWNE" • SILVERDALE,WA 98383 • 360-692-6400 • FAX 360-692-8927
PORTION TO BE VACATED
THAT PORTION OF LOTS 7 THROUGH 11 AND LOT 33, BLOCK B,OYSTER
BAY ADDITION TO PORT ORCHARD NAVY YARD,AS PER PLAT RECORDED
IN VOLUME 2 OF PLATS,PAGE 63,RECORDS OF KITSAP COUNTY,
WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
KITSAP WAY BEING THE INTERSECTION OF THE SOUTH LINE OF SAID LOT
33 WITH A LINE LYING PARALLEL WITH AND 150.00 FEET SOUTHEASTERLY
OF THE CENTERLINE OF KITSAP WAY; THENCE NORTH 47°52'58"EAST
ALONG SAID RIGHT-OF-WAY LINE 65.25 FEET TO THE POINT OF TANGENCY
OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE ALONG
SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 108°36'15"
FOR AN ARC DISTANCE OF 47.39 FEET TO THE POINT OF TANGENCY OF A
300.00 FOOT RADIUS CURVE CONCAVE TO THE WEST;THENCE ALONG SAID
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 24°48'37"FOR AN
ARC DISTANCE OF 129.91 FEET TO THE SOUTHEAST CORNER OF SAID LOT
11; THENCE NORTH 36°24'43"WEST 112.80 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT 8 WHICH LIES 69.00 FEET WEST OF THE SOUTHEAST
CORNER THEREOF; THENCE NORTH 89°21'38" WEST ALONG SAID SOUTH
LINE AND THE SOUTH LINE OF SAID LOT 33 A DISTANCE OF 45.97 FEET TO
THE POINT OF BEGINNING.
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