HomeMy WebLinkAboutBROADWAY FROM 13TH TO 6TH STREET Return Address: City of Bremerton
City Clerk
345 6t`Street,Suite 600
Bremerton,WA 98337-1873
BREMERTON CITY OF 201601130087
Ordinance Rao Fee: $ 79.00 pd9e: 1 of 7
01/13/2016 11:06 91i
Dolores Gilmore, Kitsap Co Auditor
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 5180
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 SW Y4,of the NE '/,of Sec. 14,T 24,R 1E,W.M.,Kitsap County,
(abbreviated) Washington
x Additional legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number: 3804-006-001-1006
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ORDINANCE NO. 5180
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of Broadway
Avenue from 13th Street to 16th Street in the City of Bremerton.
WHEREAS, Olympic College has petitioned the City to vacate Broadway
Avenue from 13th Street to 16th Street in order to implement its long range development plans;
and
WHEREAS, the City passed Resolution No. 3157 setting a hearing date to
consider the vacation of Broadway Avenue from 13th Street to 16th Street,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 18, 2012, 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,this is a Class I , Class II and Class III right of way and
compensation is required in accordance with BMC 11.20.140; and
WHEREAS, Olympic College, has proposed compensation through right-of-way
dedication to the City along 17th Street between Warren Avenue and Elizabeth Avenue, a portion
of the value of right-of-way dedicated by Olympic College to the City along 13th Street and
Warren Avenue, under Ordinance No. 5149, and payment for a traffic signal at 13th Street and
Warren Avenue, and, to the extent such compensation does not fully cover the value of the
vacated right-of-way, Olympic College has requested, as a government entity, a partial waiver of
compensation and fees under BMC 11.20.140(E); and
WHEREAS,the City Council has determined that the proposed compensation and
a partial waiver of compensation as proposed by Olympic College is in the public's interest and
advantage; and
WHEREAS,the City Council finds it appropriate to reserve certain easements
within the area to be vacated until such time as new easements are granted by Olympic College
to replace the City's reserved easements;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
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Vacation—Broadway from 13`h to 16`h Street
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SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set
forth herein.
SECTION 2. Vacation. Broadway Avenue from 13th Street to 16th Street,
including that portion of 15th Street that connects the two sections of Broadway Avenue, in the
City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this
reference, is hereby vacated to the abutting property owners subject to the following conditions:
(a) Compensation for this vacation as set forth in Section 3 below.
(b) Reservation of easements as set forth in Section 4 below.
SECTION 3. Compensation.
(a) Compensation for this vacation, calculated to be $637,688.00, shall be paid to the
City by Olympic College, as follows:
(i) Olympic College shall dedicate to the City right-of-way along 17th Street
between Warren Avenue and Elizabeth Avenue,which has a value of$32,352.
(ii) The City shall apply the remaining value of the excess right-of-way
previously dedicated by Olympic College to the City by Olympic College along 13th
Street and Warren Avenue, under Ordinance No. 5149, which has a value of$229,630.
(iii) Olympic College shall pay for the construction of the traffic signal at 13th
Street and Warren Avenue,which has an estimated value of$350,000. The parties shall
enter into an agreement for construction of the traffic signal project and the City shall not
be responsible for any of the costs of construction of the project.
(b) Compensation to the City for this street vacation shall be fully satisfied upon
completion of the items listed in Section 3(a)above and upon such completion, any remaining
compensation to the City may be waived by future action of the City Council in accordance with
BMC 11.20.140(E).
SECTION 4. Reservation of Easements.
(a) An easement is reserved to serve the single family property at 1338 Broadway for
ingress and egress over that portion of the area vacated pursuant to this ordinance that,by
operation of law, is owned by Olympic College as abutting property owner.
(b) An easement is reserved to serve Olympic College for ingress and egress over that
portion of the area vacated pursuant to this ordinance that,by operation of law, is owned by the
owner of the property at 1338 Broadway as abutting property owner.
(c) An easement is reserved for Comcast for operation, maintenance and repair of
services within the area vacated pursuant to this ordinance.
(d) An easement is reserved for Puget Sound Energy for operation, maintenance and
repair of existing services and appurtenances within the area vacated pursuant to this ordinance.
(e) An easement is reserved for CenturyLink for operation, maintenance and repair of
existing services and appurtenances within the area vacated pursuant to this ordinance.
(f) An easement is reserved for Cascade Natural Gas for operation, maintenance and
repair of existing services and appurtenances within the area vacated pursuant to this ordinance.
(g) An easement is reserved for Kitsap Public Utility District for operation,
maintenance and repair of existing services and appurtenances within the area vacated pursuant
to this ordinance.
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Vacation—Broadway from 13th to 16th Street
(h) An easement is reserved for Convergence Technologies for operation,
maintenance and repair of existing services and appurtenances within the area vacated pursuant
to this ordinance.
(i) An easement is reserved for the City of Bremerton for construction, operation,
maintenance and repair of water, sanitary and storm sewer mains over, under and upon the entire
area vacated pursuant to this ordinance.
(j) Olympic College intends to enter into a cross easement agreement with the owner
of the single family property at 1338 Broadway for ingress and egress by that single family
owner across that portion of the vacated Broadway right-of-way owned by Olympic College and
for ingress and egress by the College across that portion of the vacated Broadway right-of-way
owned by that single family owner (the "Substitute Residential Cross Access Easements") that
will replace the access easements reserved above. Upon recording of the Substitute Residential
Cross Access Easements, the easements reserved in Section 4, paragraph (a) and paragraph (b)
shall be automatically terminated with no further action required by the City or any other party.
(k) Olympic College intends to grant utility easements to Comcast, Puget Sound
Energy, CenturyLink, Cascade Natural Gas, Kitsap Public Utility District and to Convergence
Technologies for operation, maintenance and repair of services within the area vacated pursuant
to this ordinance (the "Substitute Utility Easements"). Upon recording of the Substitute Utility
Easements, the easements reserved in this Section 4, paragraphs (c) and (d) shall be
automatically terminated with no further action required by the City or any other party.
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,4 �o
approval and publication as provided by law.
PASSED by the City Council the ! day of �"ta r , 2012.
Cm McDonald, Council President
Approved this g day of fit* C (-f' , 2012.
PATTY LE1 , Mayor
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Vacation—Broadway from 13th to 16th Street
ST: APPROVED AS TO FORM:
SHANNON L. CORIN, Interim City Clerk R S GER A. LUBOVICH, Ci Attorney
PUBLISHED the /P-I>- day of ad re k , 2012.
EFFECTIVE the o'1,V 112 day of /1d rr/k— ,2012.
ORDINANCE NO. 5/&0
R:\Legal\Legal\Ordinances\Public Works&Utilities\Olympic College Broadway Street Vacation-Clean.doe
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Vacation–Broadway from 13`h to 16t Street
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EXHIBIT A
A vacation of that portion of Broadway Avenue and connecting portion of 15th
Street, lying north of the northerly margin of 13th Street and south of the southerly
margin of 16th Street lying in the Plat of Warren Smith's Acre Tracts as recorded
in Volume 2, of the book of plats, Page 51, records of Kitsap County,
Washington, situate in Section 14, Township 24 North, Range 1 East, W.M.,
Kitsap County, Washington.
Vacation of Broadway Avenue between le and 16t`' Streets
January 3, 2012
AFFIDAVIT OF PUBLICATION
Account#42742 AD#281178
STATE OF WASHINGTON
COUNTY OF KITSAP
I,Jessica Zuehl-Miller,being first duly sworn on oath,deposes and says:That she is now,and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN;that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap,in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to,published in the English language continually as
a daily newspaper in Bremerton,Kitsap County,Washington,a weekly newspaper in Kitsap County,
Washington and is now and during all of said time,was printed in an office maintained in the aforesaid
place of publication of said newspaper;that the following is a true text of an advertisement as it was
published in regular issues(and not in supplement form)of said newspaper on the following date,to wit:
And on March 12,2012 such newspaper was regularly distributed to its subscribers during all of said
period.The full amount of the fee charged for the foregoing publication is the sum of$35.60.This amount
has not been paid in full.
6)'‘") ( rA)4
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 21,2012.
"A-k 1 1
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Notary Public in and for the State of Washington,Kitsap County. CASSANDRA A CAPAS
Notary Public
State of Washington
My Commission Expires
February 04, 2014
ORDINANCE NO. 5180
AN ORDINANCE of the City Council of the City of Bremerton,Washington,relating to the
vacation of Broadway Avenue from 13th Street to 16th Street in the City of Bremerton
PASSED by the City Council on the 7th day of March,2012.
The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street, Suite 600,
Bremerton,WA 98337.
March 12,2012
AD#20122994