023-23 - Resolution - Rescinding Fence AgreementDocuSign Envelope ID: 8EFEC404-5E7A-4D20-B3E4-314883234822
RESOLUTION NO. 023-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RESCINDING A
FENCE AGREEMENT PERTAINING TO KITSAP COUNTY TAX PARCEL NO. 4027-
034-001-0009.
WHEREAS, the City prohibits the construction and maintenance of residential walls or
fences within the public right-of-way in its development regulations, currently codified at POMC
Chapter 20.139; and
WHEREAS, on September 23, 1991, the City Council authorized a "Fence Agreement",
thereby permitting the owners of Kitsap County Tax Parcel No. 4027-034-001-0009 (the
"Property) to construct and maintain a fence in the Bay Street right of way, subject to specific
conditions, a copy of which is attached hereto as Exhibit A and incorporated herein by this
reference; and
WHEREAS, one condition of approval provided that "[t]he fence shall be removed when
directed by the City Council"; and
WHEREAS, the fence at issue is encroaching on the portion of Bay Street right of way
that will be improved as part of the Bay Street Pedestrian Pathway Project, a pedestrian
transportation project that will provide public benefit; and
WHEREAS, the City Council finds it is necessary and in the best interest of the residents
of Port Orchard to rescind the Fence Agreement and direct the owners of the Property to
remove the fence to allow for the Bay Street Pedestrian Pathway Project to move forward to
completion; 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.
THAT: The City Council directs that the Fence Agreement, attached hereto as Exhibit A
and incorporated herein by this reference, is hereby rescinded. The Mayor is directed to
terminate the Agreement and take all action necessary to direct the Property's owners to
remove the encroaching fence.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
DocuSign Envelope ID: 8EFEC404-5E7A-4D20-B3E4-314883234822
Resolution No. 023-23
Page 2 of 3
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 141h day of March 2023.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
FD0OU Signed by:
b
E3FFE4�^...
Robert Putaansuu, Mayor
llf111,111
QORT 4
_ • SEA • _
OF W,�`��•
"'WrI11111 0
DocuSign Envelope ID: 8EFEC404-5E7A-4D20-B3E4-314883234822
EXCISE TAX EXE f' $7.00KITSAP COUNTY CHCK
OCT 3 10 FIL.FD-SY: PORT ORCHARD CITY OF
FENCE AGREEMENTLYNNi AUDI TOR PH
KiTSAP COUNTY CLERK: MILLER
TREASUK R
30 September 1991 F. 911003021.3
F.
0610 FR 1347
RE: 1803 Bay Street
Kitsap County Tax Parcel.: 4027-034-001-00
DESCRIPTION: Situated in Section 25, Township 24 North, Range 1
East, Kitsap County: Lot 1, Block 34, Annapolis and Lots 1,2,3 4,
Block 33, Annapolis, as per plat recorded in volume 1 of plats,
Pages 64 and 65, together with the adjoining vacated North Bay
Street and vacated Perry Street.
The City Council of the City of Port orchard shall allow the
constxuuction of a fence in the Bay Street right of way,
the following conditions: subject to
1. The fence shall not interfere with the public use of
the right of way.
2. The fence shall be maintained and repaired in a timely
and Prompt manner by the property Owner of 1303 Eay
street.
3. The fence shall extend no farther westward than to within
three feet of the east end of the guardrail.
4. The fence design and construction shall be approved by
the City Engineer.
5. No signs shall be allowed on the fence.
6. The fence shall be removed when directed by the city
Council.
These conditions shall be recorded with the t4.tle to the property.
Approved by the City Council: 23 SZe
r 1991
Lslli t;TeatheraZl
ATTEST: Mayor
—Pa terqca How r
City Clerk