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Home My WebLink About5352 Return Address: City of Bremerton City Clerk 345 6th Street, Suite 100 Bremerton WA 98337-1873 BREMERTON CITY OF 201907150127 Ordinance Rec Fee: $ 105.50 07/15/2019 11:26 RM Page: 1 of 5 Paul Andrews, Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No.5352 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. Goldleaf Corporation Additional names on page _ of document. Legal Description: Portion of Sec. 13,T.24N,R.1E, W.M.City of Bremerton, Kitsap County, Washington (abbreviated) IX I Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3905-000-001-0009;3905-000-004-0006;3905-000- 003-0007;3914-003-003-0109 ORDINANCE NO. 5352 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the alley west of Wheaton Way and south of East 13th Street. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 to allow the adjacent property owner to meet set-back requirements for construction of a multi-family development on his property; and WHEREAS, the City passed Resolution No. 3310 setting a hearing date to consider the vacation, 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 October 3, 2018, 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 I. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Right-of-Way. A portion of the alley west of Wheaton Way and South of East 13th Street 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, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. (a) Existing Utilities: easements are reserved for existing private utilities for operation,maintenance and repair of facilities over, under and upon the entire area vacated pursuant to this ordinance. (b) Future Utilities: easements are reserved for the City of Bremerton for construction, operation, maintenance and repair of potential future facilities over,under and upon the entire area vacated pursuant to this ordinance. (c) Access: easements are reserved for Tax Parcel Numbers 3905-000-004-0006, 3905-000-003-0007, 3905-000-001-0009 and 3914-003-003-0109 for access over and upon the entire area vacated pursuant to this ordinance. 1 Vacation of Alley West of Wheaton Way & South of East 13th Street SECTION 4. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION S. 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 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 of the City of Bremerton,Washington this 3rd day of 0 bGr ,2018. 7/ ERIC YOUN V R,Council President Approved this 3 Y 0'l day of D(,h"D-✓ ,2018. GREG EELER,Mayor APPROVED AS TO FORM: ATTEST: e. RO ER A. LUBOVICH,City Atto --y ANGEL OODS, City Clerk PUBLISHED the CI day of 0 c-+t,b -r--' , 2018. EFFECTIVE the ‘9-1'I-Aday of 0(,-{b1-�y--- ,2018 • ORDINANCE NO. S R:\Legal\Legal\Ordinances\Public Works&Utilities\Street Vacation Ord.-Wheaton&13th Strect.doc • 2 Vacation of Alley West of Wheaton Way& South of East 13th Street EXHIBIT "A" 4..!?›! AES CONSULTANTS,INC. PROFESSIONAL LAND SURVEYORS P.t\BOX 9141• i47zN.N;LOWELL"MD TOw)e" • tIERIJLE W¼' )1J • W-69.6400 • PAX180-AVl.Hol7 LEGAL DESCRIPTION OF PORTION TO BE VACATED THE 18.00 FOOT WIDE PUBLIC DRIVEWAY WHICH ADJOINS THE EAST LINES OF LOTS 3 AND 4. PLAT OF BREMER ION VIEW ADDITION.AS PER PLAT RECORDED IN VOLUME 4 OF PLATS. PAGE 107, RECORDS OF KITSAP COUNTY, WASHINGTON: EXCEPT THE SOUTH 12.00 FEET. d 1 r w.,s,, iI;< { r • % . w ` a �^t LANDS til\�1SWl•Il /1 iZ�c- f7 • n EXHIBIT 13 H 6 i al y . oo • ,,ice .g, :. . .. :o ...:' • S 1' r m 1. III , I e I a . — . ) g 0 VII . ii 1-/„.1 i ,,1 .1 ,..;., • ttrr1' '�a ( - Cl � "7,��. .' ,% / /�/. r ff CD II •-. r««.• �M II .-.. 'ti's' ,�+ a ; it. ei 'I :./../1"F':' / I g I.t1 - �T�f 71t, t•''. ' co 1 .Ao, 1. . �� Y �� C.43tPJlu!alJ1t;''r y' CO Q. i eci 1 I . 0) ;,.,a' Iii l t' C •moi' ! 1. ...4. : I a. O ait�t, mg 1, !.'. 1. t� ,'--- Z 1 0 a ..-. 1 l."" '' ....• ':. • ,:.....1 . -ti l 4'. . ---'•1 , :1:ii ez r %1 �1�-1 • l7 1. ,, j3t{r • y� 1i F al Lvett.4. Q I � p 1 y l^11' o N NJ ,, � ! _ _ .. _ _- o '1 -- ro r- 61 C" m OC Return Address: City of Bremerton City Clerk 345 6' Street, Suite 100 Bremerton WA 98337-1873 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance No. 5352 Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. City of Bremerton U Additional names on page _ of document. Grantee(s): 1. Gold)eaf Corporation Additional names on page of document. Legal Description: Portion of Sec. 13, T.24N, R.1 E, W.M. City of Bremerton, Kitsap County, Washington (abbreviated) Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 3905-000-001-0009; 3905-000-004-0006; 3905-000- 003-0007;3914-003-003-0109 ORDINANCE NO. 5352 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the alley west of Wheaton Way and south of East 13th Street. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 to allow the adjacent property owner to meet set -back requirements for construction of a multi -family development on his property; and WHEREAS, the City passed Resolution No. 3310 setting a hearing date to consider the vacation, 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 October 3, 2018, 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 o RiQht-of- Way. A portion of the alley west of Wheaton Way and South of East 13T" Street 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, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. (a) Existing Utilities: easements are reserved for existing private utilities for operation, maintenance and repair of facilities over, under and upon the entire area vacated pursuant to this ordinance. (b) Future Utilities: easements are reserved for the City of Bremerton for construction, operation, maintenance and repair of potential future facilities over, under and upon the entire area vacated pursuant to this ordinance. (c) Access: easements are reserved for Tax Parcel Numbers 3905-000-004-0006, 3905-000-003-0007, 3905-000-001-0009 and 3914-003-003-0109 for access over and upon the entire area vacated pursuant to this ordinance. Vacation of Alley West of Wheaton Way & South of East 13th Street SECTION 4. Vested Ri hits. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. 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 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. 1 PASSED by the City Council of the City of Bremerton, Washington this 3r,4 day of 2018. Z� ERIC YOUN R, Council President Approved this,3Y ,-/` day of Il &�a-bCy , 2018. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Atto y W GREG EELER, Mayor ATTEST: 6��l '1zn �0 ANGEL ODDS, City Clerk PUBLISHED the�+Hj day of D C-+t>6th' 12018. EFFECTIVE the L�day of ()r, -t pIy— , 2018 ORDINANCE NO. —35,9, R:\Legal\Legal\Ordinances\Public Works & Utilities\Street Vacation Ord. - Wheaton & 13th Street.doc Vacation of Alley West of Wheaton Way & South of East 13'h Street JEXHIBIT AES CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS LI KA SIM. 14 -'N -W LOWC1 L Of r) TO I I V FR 1) 96 41 MOO fila ffij- Y2,mq_ LEGAL DESCRIPTION OF PORTION TO BE VACATED THE 19.00 FOOT WIDE PUBLIC DRJVEWAY WHICH ADJOINS THE EAST LINES OF LOTS 3 AND 4, PLAT OF BREMERTON VIEW ADDITION, AS PER PLAT RECORDFD IN VOLUME 4 OF PLATS, PAGE 107, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 12,00 FEET- /j?- 15--1"0'(7 EXHIBIT "B" N CA L P N S N W SD _ W a ari m �= u r 0 N vi (i p (D r m m 0 03 Kitsap Sun PROOF OF PUBLICATION CITY OF BREMERTON CITY OF BREMERTON 345 6th Street, Suite 100 BREMERTON, WA 98337 STATE OF WISCONSIN, COUNTY OF BROWN I, being first duly sworn on oath, deposes and says: That I am 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 the 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(s), to wit: And on October 9, 2018 such newspaper was regularly distributed to its subscribers during all of said period. f, Pi klti Legal Clerk Subscribed aD 6 svArolb_�efore on October 9, 2018: Notar�,Atftt-e bf WQ-ebunty of Brown ✓`d 2mz My commission expires Ad#: 2134219 P.O.: 4 ol'AFfidavits: 0 ORDINANCE NO. 5352 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, relating to the vacation of a portion of the alley west of Wheaton Way and south of East 13th Street ORDINANCE NO. 5353 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending Chapter 3.78 of the Bremer- ton Municipal Code entitled "Multifamily Property Tax Exemption" to add provi- sions relating to affordable housing PASSED by the City Council on the 3rd day of October, 2018. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bremerton, WA 98337. Oct. 9, 2018 AD#2134219 PUb" �OFW\ 'rrriiii110 \�