020-22 - Resolution - Public Hearing on Petition to Vacate ROWRESOLUTION NO.020-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY
STREET, OPENED CITY RIGHT-OF-WAY.
WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to
vacate a portion of opened City right-of-way, a portion of Bay Street; and
WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel
No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right-
of-way proposed for vacation; 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 200 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK
34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME
1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY,
WASHINGTON, TOGETHER WITH VACATED NORTHERLY 25 FEET
OF NORTH BAY STREET ADJOINING THEREOF,
ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND
ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD
TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34,
ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON.
WHEREAS, the street vacation is requested to reflect existing structures in the opened
right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Resolution No. 020-22
Page 2 of 2
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.
THAT: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, March 8, 2022, 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 8th day of February 2022.
ATTEST:
Trandyy
Wallace, MMC, City Clerk
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Robert Putaansuu, Mayor
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_ 'SEAL _
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EXHIBIT
PARCEL NO. 4027-k
-003-0007
RIGHT OF WAY VACATION
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 'A", SAID CORNER ALSO BEING ON THE
NORTHEASTERLY MARGIN OF BAY STREET;
THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 29° 49' 40" WEST, 11.00 FEET, -
THENCE NORTH 60° 10' 20" WEST, 18.20 FEET'
THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN;
THENCE SOUTH 60' 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS.
PARCEL 'A
(PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021)
THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF;
ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW
PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
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20-ROW-VACATION. DOCX Page 1 of 1
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Interdisciplinary Design
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FILE: 20.DWG