010-22 - Ordinance - Street VacationCITY OF PORT ORCHARD 202203100015
Ordinance Rec Fee: $ 206 60
03/10/2022 09:20 AM Page: 1 of 6
Paul Andrews, Kitsap Co Auditor
Name and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
The Recorder is required to use only the information
you provide on this cover sheet to index the document.
Type or print legibly.
Document Title(s):
Ordinance No. 010-22 Vacating Portion of Bay Street
Auditor's File Number of Document (s) Referenced:
Grantor(s) person(s) that conveys, sells or grants interest in property:
City of Port Orchard
Grantee(s) person that buys, receives or to whom conveyance of property is made:
Walter and Roberta Huth, Trustees
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
Southeasterly 20 feet of lot 3 and all of lot 4, Block 34, Annapolis
Assessor's 14 digit Tax Parcel Number: 4027-034-003-0007
04/25/14
ORDINANCE NO. 010-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF BAY STREET, OPENED CITY RIGHT-OF-WAY IN
PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF
SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, a petition for vacation of a portion of Bay Street was submitted to the
City by Walter and Roberta Huth, Trustees ("Petitioners"); and
WHEREAS, the legal description of the vacated right-of-way is attached as Exhibit
A; and
WHEREAS, the Petitioners represent the owners of more than two thirds of the
abutting property, and all have signed and are in support of the petition; and
WHEREAS, on February 8, 2022, the City Council adopted Resolution No. 020-22
fixing March 8, 2022, as the date for a public hearing on the street vacation petition,
which is not more than 60 days or less than 20 days after passage of the Resolution
(POMC Section 12.08.010(3) and RCW 35.79); and
WHEREAS, the City Clerk provided public notice and posting of the pending
street vacation petition of the public hearing as required by law (POMC Section
12.08.020(1) and RCW 35.79); and
WHEREAS, the City Council held a public hearing on March 8, 2022, on the
proposed street vacation; and
WHEREAS, staff reviewed the petition and, in light of the provisions of POMC
chapter 12.08.060, determined this proposed street vacation is not subject to the 1889-
1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of
the original creation of the City boundaries in 1890; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Non -user Statute. Under POMC Section 12.08.060(5), staff has
determined the area proposed for vacation has not been vacated by lapse of time under
the non -user statute.
Section 2. Public Notice. The City Council finds that the City Clerk provided
at least 20 days' and not more than 60 days' notice of the pendency of the street
vacation petition and the public hearing thereon, as required by POMC Section
Ordinance No. 010-22
Page 2 of 3
12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to
be vacated.
Section 3. Staff Report. Staff has prepared a report and recommendation on
the proposed vacation, which is dated February 8, 2022. A copy of this report was
available to the public prior to the public hearing.
Section 4. Public Hearing. The public hearing was held on the petition for
street vacation on February 8, 2022.
Section 5. Testimony at Public Hearing. The Public Hearing was held and no
one from the public commented on this street vacation
Section 6. City Council Findings. After hearing the testimony of the public, if
any, and considering the staff report and all other relevant facts, the City Council finds
as follows:
a. The area sought to be vacated was annexed into the City by adoption of
Ordinance No. 714 in 1963.
b. The area sought to be vacated is not needed for public travel now or in the
foreseeable future.
c. The functionality of the area sought to be vacated for public purposes is
nonexistent.
d. The vacation of the area would not adversely affect any City utilities, such as
water, sewer, or storm.
e. The City has not included any projects within the proposed vacation area as part
of its six -year road plan, nor has the City any scheduled capital facilities projects
on this property.
f. Vacation of the proposed area does not create potential or actual land uses that
are inconsistent with City growth plans and goals. This area has not been
identified in the City's Comprehensive Plan.
Section 7. City Councii Conclusions. The City Council has determined that
the area proposed for vacation may be vacated and hereby approves the street vacation
petition.
Section 8. Appraisal Fees. At the request of the petitioner, the city council
approves the appraisal cost and review fee, outlined in POW 12.0.017, waived.
Section 9. Compensation and Recording. A certified copy of this Ordinance
vacating the proposed area shall be recorded by the City Clerk with the Kitsap County
Auditor's office, as required by RCW 35.79.030, upon compensating the City in an
amount of $9,500, which does not exceed the full appraised value of the area so
vacated.
Ordinance No. 010-22
Page 3 of 3
Section 10. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional or unlawful by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Section 11. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 12. Effective Date. This Ordinance shall take effect and be in full force
and effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 8th day of March
2022.
ATTEST:
F Mt
DauuSigned by:�}
.
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Datu 511inud by:
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Charlotte Archer, City Attorney
PUBLISHED: March 11, 2022
EFFECTIVE DATE: March 16, 2022
C D Signed
by:
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Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
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GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M.
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TAX LOT NUMBER
4027-034-002-0008
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TAX LOT NUMBER
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TAX LOT NUMBER
RIGHT OF WAY 4027-034-005-0005
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DATE: 10/13/2021
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EXHIBIT
PARCEL NO. 4027- 34.003-0007
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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