082-21 - Resolution - Public Hearing to Vacate City ROWRESOLUTION NO.082-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF A PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT-OF-WAY,
THE NORTHEAST PORTION OF UNOPENED DEPOT STREET.
WHEREAS, the petitioners, Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC,
submitted a petition to vacate a portion of unopened City right-of-way, a portion of Depot
Street; and
WHEREAS, the petitioners own the parcel at 1636 Bay Street, Kitsap County Tax Parcel
No. 4027-002-001-0006, located directly to the northeast of the proposed portion of unopened
right-of-way proposed for vacation, and are joined by the owner of the parcel at 1626 Bay
Street, Kitsap County Tax Parcel No. 4027-003-008-0403, located directly to the northwest of
the portion of unopened right-of-way; and
WHEREAS, the petitioners have submitted an application, copy attached hereto as
Exhibit A and incorporated herein by this reference, which meets the requirements set out in
Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by
the City; and
WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the
property abutting the area proposed for vacation pursuant to RCW 35.79.010; and
WHEREAS, the petitioners have requested that proceedings be had hereon for the
vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and
WHEREAS, the proposed area for vacation is approximately 2,000 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
Government Lot 2 (NW %) Section 25, Township 24 North, Range 1
East, W.M. in the City of Port Orchard, Kitsap County, Washington
WHEREAS, the street vacation is requested to reflect existing structures in the
unopened right of way, so that the petitioners will maintain as private property; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
Resolution No. 082-21
Page 2 of 2
THAT: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, December 14, 2021, at 6:30 p.m., at which
hearing all persons interested in said street vacation are invited to appear telephonically
or via the zoom platform. Access information including the telephone number and zoom
information shall be included in the notices required herein.
THAT: The City Clerk is directed to post notice of the petition in three of the most public
places in the city and a like notice in a conspicuous place on the street sought to be
vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's
website.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 23rd day of November 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
pO. RT+rlrp��I��
FLPO
SEA -L
-
�A
ff�`�'7i,ti�'''����
Exhibit A
Page 1 of 2
Legal Description of Road to be Vacated
Gov't Lot 2 (NW A) of Sec. 25, T. 24 N, R. 1 E, W.M.
Vacation of Depot Street
Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64
and 64, in Kitsap County.
Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912.
Contains 2,000 square feet.
• 1� Wh.Y/r
LAP10
Written by
Checked by
ibs legal. docx Page t of 1
Exhibit A
Page 2 of 2
Portion of Government Lot 2 (NW 1/4) Section 25, Township
24 North, Range 1 East, W.M.
in the City of Port Orchard, Kitsap County, Washington
mm
o
Ln
ioe
VACATED PER COMMISSIONER'S JOURNAL PORTION TO
VOLUME 4, PAGE 18 ' BE VACATED
100'
NDEPOT STREET WN
00 / LJ
>
VACATED PER COMMISSIONER'S JOURNAL Q
W VOLUME 4, PAGE 18
W >—
cy— 100'
Cn W
Q 9
3
m Ln kn
0
ry C��
o
AR
r _
o CDL O
a �n
N.L. Olson & Associates, Inc.
Engineering, Planning and Surveying
2! (360) 895-2350 or (360) 876-2284
2453 Bethel Avenue, P.O. Box 637, Fort Orchard, WA 98366 ,JOB NO.: 11808