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HomeMy WebLinkAbout3RD AVENUE, NORTH OF SUNN FJORD Return Address: City of Bremerton City Clerk 345 6r'`Street,Suite 600 Bremerton WA 98337-1873 BREMERTON CITY OF 201703010139 Release Of Easement Rec Fee: $ 77.00 03/01/2017 10:14 PM Page: 1 of 5 Dolores Gilmore, Kitsap Co Auditor 1111111111111111111111111111111111113111 11111111111 111111101111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5317-Release of Right-of-Way Easements Reference Number(s)of Documents assigned or released: 88019 and 280750 Grantor(s): 1. City of Bremerton Additional names on page of document. Grantee(s): 1. JTL Investments LLC Additional names on page of document. Legal Description: Portion of Sec.28,T.24N,R.1E,W.M.City of Bremerton,Kitsap County, Washington (abbreviated) x Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number: 282401-1-068-2002 and 282401-1-069-2001 ORDINANCE NO. 5317 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of easements adjacent to 3"i Avenue,north of Sunn Fjord. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code(BMC) 11.20.080 in order for development to move forward; and WHEREAS, the City passed Resolution No. 3283 setting a hearing date to consider the vacation of easements,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 February 13, 2017, 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 2. Vacation of Easements. The easements legally described in Exhibit A and shown on the site plan set forth in Exhibit B,which exhibits are attached and incorporated herein by this reference,are hereby vacated to the abutting property owner subject to the reservation of easements,if any, as applicable. SECTION3 Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION4. 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. SECTION 5. 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. 1 Vacation of Easements Adjacent to 3'd Avenue,North of Sunn Fjord Lane PASSED by the City Council of the City of Bremerton,Washington this 3 day of Pert tsr/ ,2017. ERIC YO G uncil President Approved this L3/n day of/ ,2017. PATTY LENT, 7-4 APPROVED AS TO FORM: ATTEST: .44 ►, -L OGR A. ' : • -, ity 'ttorney SHANNON CORIN, City Clerk PUBLISHED the /7 day of Pebr , 2017. EFFECTIVE the , 7441.day of f{,bruit ,2017 ORDINANCE NO. 5317 y 2 Vacation of Easements Adjacent to 3"'Avenue,North of Sunn Fjord Lane EXHIBIT"A" LEGAL DESCRIPTION OF EASEMENT AREA TO BE VACATED THE NORTHWESTERLY 40 FEETOF LOT(S)C, AND D OF SHORT PLAT NO.2324 RECORDED UNDER AUDITOR'S FILE NO. 8007210088,BEING A PORTION OF GOVERNMENT LOT 1,SECTION 28,TOWNSHIP 24 NORTH,RANGE I EAST, W.M.., IN KITSAP COUNTY, WASHINGTON (PTN OF ASSESSOR'S TAX PARCEL NOS. 282401-1-068-2002 AND 282401-1-069- 2001) RELEASE OF EASEMENT-Page 3 of 3 D(HiejT 8 r, i, — - :.. aim� e •af t V 1 rNW .. Y. i, , _ 1,,,,, 496 IIx y a ,4, ,,.s' - .. '°' ` ,. 3 '.4s,.:` p , ,,asp, �` S A+r, L 411 -6'' .'r' ''''':‘ 7...Y/7't'' i '-' ‘t• ; / i i , ; : . .. °''1°41';'7;;1'1. 1 •' j• '1A, •1 "I* '6. '' IYip 7 Ae •J 11 J y1ua r,, ii,Fit .;t r_. q ti 4 °. ,p'.0— te. 1 yn F. • A r . `" ROAD AND UTILITY EASEMENTS -m.. TO BE VACATED RI aqr ., SITE PLAN SCALE CITY OF BREMERTON VACATION OF EASEMENTS HORI DEPARTMENT OF PUBLIC WORKS ADJACENT TO 3RD AVENUE & UTILITIES PLOT ENGINEERING DIVISION NORTH OF SUNN FJORD LANE DRAWING NO. DRAWN BY: DESIGN BY• CHECKED BY: DATE DATE DATE AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: February 8, 2017 No. 5317 to Vacate Easements adjacent to COUNCIL MEETING Date: February 13, 2017 3rd Avenue. North of Sunn Fjord Lane Department: PW&U Presenter: Tom Knuckey Phone: 360.473.2376 SUMMARY: The owner of the property has petitioned the City to have utility and road easements vacated; the vacation will allow for development in the area. No street or utility improvements have been constructed in the area of the proposed vacation. ATTACHMENTS: 1. Ordinance No. 5317; 2. Engineering Staff Report; 3. Legal Description; 4. Site Plan FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: [1 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5317 to vacate utility and road easements on property located adjacent to 3rd Avenue, north of Sunn Fjord Lane. COUNCIL ACTION: I Approve (l Deny Table I I Continue _ No Action Form Updated 01/07/15 AFFIDAVIT OF PUBLICATION Account#342133 AD#1488534 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull,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 publi- cation 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 February 17, 2017 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$46.93. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 17, 2017. CYAJ\A4tt \)(A. q\e,y0A-- \ .* SSIOfy • 4„;.• < ., = � 401AAy9:�= �t: ®e- :* • N'. pUBt "O iWASN\ ````� ORDINANCE NO.5317 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of easements adjacent to 3rd Avenue,north of Sunn Fjord. PASSED by the City Council on the 13th day of February, 2017. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. FEB.17,2017 AD#1488534 AGENDA BILL CITY OF BREMERTON 7J CITY COUNCIL SUBJECT: Resolution No. 3283 to Study Session Date: January 11, 2017 establish February 13, 2017 as a Hearing COUNCIL MEETING Date: January 18, 2017 Date to Vacate Easements adjacent to 3`d Department: PW&U Avenue, North of Sunn Fjord Lane Presenter. Tom Knuckey Phone: (360)473-2376 SUMMARY: The owner of the property has petitioned the City to have utility and road easements vacated; the vacation will allow for development in the area. No street or utility improvements have been constructed in the area of the proposed vacation. ATTACHMENTS: 1. Resolution No. 3283; 2. Engineering Staff Report; 3. Site Plan; 4. Survey Drawing. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ®Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3283 to establish Monday, February 13, 2017 as the Hearing Date to vacate the easements adjacent to 3'd Avenue, north of Sunn Fjord Lane. COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3283 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a pipeline and road right-of-way easements granted to the City of Bremerton on property located adjacent to 3`d Avenue and North of Sunn Fjord Lane. WHEREAS, on July 9, 1917, a pipeline right-of-way ("utility") easement was granted to the City per AFN 88019 on property located adjacent to 3`l Avenue and North of Sunn Fjord Lane, and WHEREAS, on May 27, 1938, a road right-of-way easement was granted to the City per AFN 280750 on property located adjacent to 3` Avenue and North of Sunn Fjord Lane, and WHEREAS, no street or utility improvements have been constructed in the area of the proposed vacation,and WHEREAS, the property owner upon which the right-of-way easements are located has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070 and Chapter 35.79 RCW;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated by this reference. SECTION 2. A public hearing will be held on February 13, 2017 at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written comments regarding the vacation and dedication. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. 1 Vacation of ROW Easements—31d Avenue , PASSED by the City Council of the City of Bremerton, Washington this day of•,„a fru 1,4 Y- ,2017. • /d 6? ' C OUNGER, ouncil President APPROVED AS TO FORM: ATTEST: 40001/011--1'—',•...-'1111 R I.TER A. LUBOVp%-eitrittney SHANNON CORIN,City Clerk Vacation of ROW Easements—3`d Avenue RELEASE OF RIGHT-OF-WAY EASEMENTS FOR HIGHLAND VIEW DEVELOPMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: February 13th, 2017 PREPARED BY: JK SUMMARY A. Applicant: Ronald Templeton (Representative for Kitsap Bank) 3212 NW Byron Street#104 Silverdale, WA 98383 Location: 3rd Avenue North of Sunn Fjord Apartments BACKGROUND On July 9, 1917, a pipeline right-of-way ("utility") easement was granted to the City and on May 27, 1938, a road right-of-way easement was granted to the City on property located adjacent to 3rd Avenue and North of Sunn Fjord Lane. The property owner upon which the right-of-way easements are located has petitioned the City to have a right-of- way easements vacated. The vacations will allow for development in the area. No street or utility improvements have been constructed in the area of the proposed vacation. The owner of the property upon which the right-of-way easements are located has petitioned the City to have the Utility and Roadway Right-of-Way Easements vacated. The Right-of-Way Easements were granted to the City in 1917 and in 1938 per AFN's 88019 and 280750. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Undeveloped N/A • R-O-W Width 40 feet N/A • R-O-W Areas N/A N/A • Pavement Width N/A N/A • Surface Type N/A N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS 3`d Ave Highland View Page 1 of 3 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 was not dedicated as Public Right of Way. 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: The Right of Way granted to the City is an easement and not intended for public use. 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 easement provided to the City is encompassed by the owner's property on all sides. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES The City has no utilities in the proposed area to be vacated. 3rd Ave Highland View Page 2 of 3 SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION No compensation owing as this is an easement provided to the City and not Public Right of Way. STAFF RECOMMENDATION Staff recommends Approval to vacate the right-of-way easements as this will enable the 27 lot plat commonly known as Highland View to proceed. 3rd Ave Highland View Page 3 of 3 .-- WERNER RD ... : � LOXIE MANS BLVD a., k,. # • Iii k, ,, ,. .! a ,, ,,,,, 5 I f 4 -; ;;;;L;;‘, - ..;.. ! , ., 110, . ,,..,:,-'.-.-"'' r _04 . 4 ; ‘''-,, , , ti ...„i I . " - w., .631 ,,tt.w!9 sitly, 1 '' ROAD AND UTILITY EASEMENTS .: , TO BE VACATED ,. r._ SITE PLAN li- SCALE CITY OF BREMERTON VACATION OF EASEMENTS HORI7. 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