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HomeMy WebLinkAbout5399ORDINANCE NO. 5399 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of Nipsic Avenue Right of Way between E. 1 lth Street and E. 13th Street. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3326 setting a hearing date to consider the vacation, to take public comment or consider written objections to the vacation; and WHEREAS, a public hearing was held by City Council with proper notice on August 5th, 2020, 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. forth herein. Recitals. The foregoing recitals are incorporated as if fully set SECTION2. Vacation ofR�ht-okay. A portion ofNipsic Avenue between E. 11 th Street and E. 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. SECTION3. Vested Ri hits. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. 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 S. 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. City Ordinance Form Rev. 10/2019 Page 1 of 2 i�acation of a pof•tion of Nipsic Avenue PASSED by the City Council the day of V1.5T , 2020. ERIC YO GER, Council President Approved this I�day of f3 %A9 ATTEST: ANGELAIHOOVER, City Clerk JAAW GUSQYHEELER, Mayor APPROVED AS TO FORM: R ER A. LUBOVICH, City Attorney PUBLISHED the ��l day of �} v� o � S �- , 2020. EFFECTIVE the �-'�_ day of , 2020. ORDINANCE NO.5,0?)g) cj.. City Ordinance Form Rev. 10/2019 Page 2 of 2 Vacation of a portion of Nipsic Aveu ue EXHIBIT A LEGAL DESCRIPTION OF PORTION TO BE VACATED SECTION 13, TOWNSHIP 24, RANGE 1 E, W.M., in KITSAP COUNTY, WA THE EAST 10 FEET OF LOTS 3, 4, 5, and THE NORTH 85 FEET OF THE EAST 10 FEET OF LOT 8 in the ADDITION to the TOWN of DECATUR AS RECORDED IN VOLUME 2 OF PLATS, PAGE 72, RECORDS OF KITSAP COUNTY, WASHINGTON. r a