079-23 - Resolution - Public Hearing for Kitsap County Street VacationDocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
RESOLUTION NO. 079-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT OF WAY, A
PORTION OF AN ALLEY OFF OF TAYLOR STREET AND A PORTION OF AUSTIN
AVENUE BETWEEN TAYLOR STREET AND SMITH STREET; PORTION OF SWEANY
STREET OFF OF SIDNEY AVENUE AND MOST OF THE ALLEY BETWEEN TAYLOR
STREET AND DIVISION STREET; AND PORTION OF AN ALLEY OFF OF CLINE
STREET BETWEEN SWEANY STREET AND TAYLOR STREET.
WHEREAS, the petitioner, Kitsap County owners of the adjacent properties, submitted a
petition to vacate City rights -of -way (ROW); and
WHEREAS, the petition is to vacate unopened portions of allies and streets as described below:
1) a Portion of an Alley off of Taylor Street and a Portion of Austin Avenue between Taylor
Street and Smith Street;
a. approximately 9,974 square feet
2) Portion of Sweany Street off of Sidney Avenue and Most of the Alley Between Taylor
Street and Division Street;
a. approximately 14,838 square feet
3) Portion of an Alley off of Cline Street Between Sweany Street and Taylor Street
a. Approximately 1,498 square feet
WHEREAS, the petitioner has 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 petitioner 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 total proposed area for vacation is approximately 26,310 square feet,
legally described as follows and depicted in the survey contained in Exhibit B hereto:
PORTION OF AN ALLEY OFF OF TAYLOR STREET AND A PORTION OF AUSTIN AVENUE
BETWEEN TAYLOR STREET AND SMITH STREET
THAT PORTION OF AUSTIN AVENUE (AUSTIN STREET ON
FACE OF PLAT) LYING ADJACENT TO LOTS 1 THROUGH 5
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
Resolution No. 079-23
Page 2 of 3
INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS
RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS
OF KITSAP COUNTY, WAS HINGTON;
TOGETHER WITH THAT PORTION OF ALLEY LYING ADJACENT TO LOTS
1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION 10
SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55,
RECORDS OF KITSAP COUNTY, WASHINGTON.
PORTION OF SWEANY STREET OFF OF SIDNEY AVENUE AND MOST OF THE ALLEY
BETWEEN TAYLOR STREET AND DIVISION STREET
THAT PORTION OF SWEANY STREET LYING
ADJACENT TO LOT io, BLOCK 3 AND ADJACENT TO
THE ALLEY IN BLOCK 3, SWEANY'S ADDITION TO
SIDNEY AS RECORDED IN VOLUME OF PLATS AT
PAGE 55, RECORDS OF KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH ALL THE ALLEY IN BLOCK 2 AND THE
ALLEY ADJACENT TO LOTS 6 THROUGH 9 INCLUSIVE, BLOCK
3, SWEANY's ADDITION TO SIDNEY AS RECORDED IN
VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP
COUNTY, WASHINGTON.
PORTION OF AN ALLEY OFF OF CLINE STREET BETWEEN SWEANY STREET AND TAYLOR
STREET
THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3
INCLUSIVE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS
RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS
OF KITSAP COUNTY, WASHINGTON.
WHEREAS, the street vacation is requested to be part of the Kitsap County new
Courthouse expansion and remodel project; 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: A Public Hearing upon said proposed street vacation shall be held in person and
via the online platform Zoom on Tuesday, September 12, 2023, at 6:30 p.m., at which
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
Resolution No. 079-23
Page 3 of 3
hearing all persons interested in said street vacation are invited to appear in person or
via the Zoom platform. Access information for Zoom 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 and/or alley
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 25t" day of July 2023.
ATTEST:
Jeni e Floyd, CMC, eputy City Clerk
F
DocuSigned by:
b PlMaAtA SW
Robert Putaansuu, Mayor
J,NII 111 111f1fllll/,
ORT
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'SEAL '
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
City of Port Orchard
City Clerk's Office M�), O
216 Prospect Street, Port Orchard, WA 98366 9 20
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchar .u�5"' r OF �z
www.cityofporthard.us C A
orcRT
. -- — - - C1.ERK+S Q�RD
PETITION TO VACATE CITY RIGHT-OF-WAY
APPLICATION
(POMC 12.08 / Resolution No. 030-17)
This document is considered a public record and Is subject to public disclosure laws in Chapter 42.56 RCW.
Property Owner's Names, Kitsap County Courthouse
Mailing Address. _ - _
614 Division Street, MS-4 Port Orchard---- WA 98366 _ _—
Street City State Zip
Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us
Contact Information:
Phone Email
Austin Ave'between Taylor Street and Smith Street
Address of rtEqueste#-Zf-,)
acation: —a
[ i ar stc t i ( Iti�l�lf3l� SjM i
Parcel Number of Requ to Vac, ion: Se attached lExhibit C, D & E.
4- C,�� C&\k_R_D5 dn Ott- 0 \\AW -k6N b,1_
1. The undersigned, owner of real property abutting upon that public street/alley described
below, does hereby petition the City of Port Orchard to vacate said street/alley, described as
follows (you may attach a separate sheet containing the legal description):
Legal description of the requested right-of-way prepared by a licensed surveyor:
See exhibit A & B-
all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this
petition is supported by the signatures of the owners of more than two-thirds of the real
property abutting the requested vacation area; and requests that said City Council by
Resolution fix a time and place when this petition shall be heard and determined by that
authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after
passage of such Resolution (RCW 35.79.010)
9
State the proposed use of the vacated right-of-way:
New surface parking lot to serve the new courthouse expansion and remodel.
Page 1 of 3
Vacation of City Right -of -Way Application
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
3. Provide a map of the proposed right-of-way area to be vacated with the following
information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage of the area to be vacated
I/We declare under penalty of perjury under the laws of the State of Washington that the
foregoing information and attached documentation is true and correct, and that I/We are the
true and correct owner(s) of real property abutting the requested vacation of City right-of-way.
5�nl Zz_
Signature of Applicant Date
Signature of Applicant
Date
When submitting this application, please make sure the following requirements are
completed and documents are submitted:
• Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property
abutting upon the part of the street or alley sought to be vacated (these owners must, along
with the Petitioner, constitute the owners of at least two-thirds of the real property abutting
such area);
• New legal description to include the requested right-of-way;
• Documentation supporting the fair market value of the street or alley sought to be vacated, if
applicable;
• Documentation supporting the application of the Non -User Statute, if applicable;
• Dimensions of area proposed to be vacated;
• Map of the proposed right-of-way to be vacated outlined or highlighted;
• Application processing fee of $120; and
0 $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
$120 Vacation Fee Received
FOR CITY CLERK'S OFFICE USE ONLY
Yes No
Receipt No.:
$500 Vacation Appraisal Fee (Refundable Deposit) Received Yes No
Support for Vacation Petition By Abutting Property Owners form(s) Received _
Public Hearing Date:
Notices Posted by:
Approved by the City Council
Date of Noticing:
Yes No
Receipt No.:
Yes No
Page 2 of 3
Vacation of City Right -of -Way Application
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT A
VACATION DESCRIPTION
THAT PORTION OF AUSTIN AVENUE (AUSTIN STREET ON FACE OF
PLAT) LYING ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE OF
BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN
VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH THAT PORTION OF ALLEY LYING ADJACENT TO LOTS
1 THROUGH 5 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO
SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55,
RECORDS OF KITSAP COUNTY, WASHINGTON.
P� of WASHiticT�
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29278
Pp eGISTE?r J�
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PROFESSIONAL LAND SURVEYORS
2320 MOTTMAN RD SW, STE 106
TUMWATER, WA 98512
360.688.1949
EXHIBIT A
KITSAP COURTHOUSE
DATE: 4/04/2022
SCALE: 1 "=80'
M2C PROJECT NO.: 22-103
SHEET NO. 1 OF 2
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT A
4 7
J � —
5 6
S87'41'25"E 366.09
— — — _ S87'41'25"E 366.09
TAYLOR ST�
AREA BEING VACATED-,
66'X 127.8' 1 2C
8434 SQ. FT. — — — — —
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-SMITH ST�
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PROFESSIONAL LAND SURVEYORS
2320 MOTTMAN RD SW, STE 106
TUMWATER, WA 98512
360.688.1949
SW1/4 SE1/4, SEC 26
T 24N, R 1 E, WM
M2
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EXHIBIT B
KITSAP COURTHOUSE
DATE: 4/04/2022
SCALE: 1 "=80'
M2C PROJECT NO.: 22-103
SHEET NO. 2 OF 2
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT B-1
VACATION DESCRIPTION
THAT PORTION OF SWEANY STREET LYING ADJACENT TO LOT 10,
BLOCK 3 AND ADJACENT TO THE ALLEY IN BLOCK 3, SWEANY'S
ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT
PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH ALL THE ALLEY IN BLOCK 2 AND THE ALLEY
ADJACENT TO LOTS 6 THROUGH 9 INCLUSIVE, BLOCK 3, SWEANY'S
ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT
PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON.
KITSAP A
M T N 7 COASTu
KITSAP COURTHOUSE
PROFESSIONAL LAND SURVEYORS
DATE: 4/04/2022
2320 MOTTMAN RD SW, STE 106
SCALE: N/A
TUMWATER, WA 98512
M2C PROJECT NO.: 22-103
360.688.1949
SHEET NO. 1 OF 2
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT B-1
- - - - VISION ST
364.26 N88' 15'31 "W I
AREA BEING VACATED —t--_ _ 10 1
12'X254.5'
3054 SQ. FT.
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5
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2450 SQ. FT.
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TAYLO R ST
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PROFESSIONAL LAND SURVEYORS
2320 MOTTMAN RD SW, STE 106
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EXHIBIT B
KITSAP COURTHOUSE
DATE: 4/04/2022
SCALE: 1 "=100'
M2C PROJ NO.: 22-103
SHEET NO. 2 OF 2
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT B-2
VACATION DESCRIPTION
THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3
INCLUSIVE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS
RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF
KITSAP COUNTY, WASHINGTON.
EXHIBIT A
MTPV
C$AST..
KITSAP COURTHOUSE
PROFESSIONAL LAND SURVEYORS
DATE: 4/18/2022
2320 MOTTMAN RD SW, STE 106
SCALE: 1 "=80'
TUMWATER, WA 98512
M2C PROJECT NO.: 22-103
360-688-1949
SHEET NO. 1 OF 2
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
EXHIBIT B-2
SWEANY ST
365.12 N88'01'06"W
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TAYLOR ST
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29278
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PROFESSIONAL LAND SURVEYORS
2320 MOTTMAN RD SW, STE 106
TUMWATER, WA 98512
360-688-1949
SW 1 /4 SE1 /4, SEC 2
T 24N, R 1 E, WM
EXHIBIT B
KITSAP COURTHOUSE
DATE: 4/19/2022
SCALE: 1 "=80'
M2C PROJECT NO.:
SHEET NO. 2 OF 2
6
M2
C
22-103
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us
www.cityofportorchard.us
SUPPORT FOR VACATION OF RIGHT-OF-WAY
PETITION BY ABUTTING PROPERTY OWNERS
This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
Property Owner Seeking Vacation (Petitioner):Kltsap County Courthouse
First and Last Name
Contact Information: Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us
Phone Email
Street or Nearest Cross Street of Requested Vacation: Austin Ave, between Taylor Street and Smith Stree
Parcel Number of Requested Vacation: See Exhibit C, D & E
Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have
an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers
authorized by the corporation.
By signing, I/We declare under penalty of perjury under the laws of the State of Washington that:
• I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated.
• I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way
petition is approved.
• I/We understand I/We may be required to pay for a portion of the vacated right-of-way.
Karen Goon
First and Last Name (Printed) of Property Owner/Corporate Officer
Managing Member No. 1
Kitsap County Courthouse
Name of Corporation (if applicable)
TIcnD -p- R cc�-cq Cd1 I A l !i,:� Qz
(Signature and/or Title) � (mil�k�*62f
First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable)
Managing Member No. 2
(Signature and/or Title)
See Exhibit C, D
Property Address
Mailing Address: 614 Division Street, MS-4
Street
Contact Information:
360-337-4403
Phone
See Exhibit C, D
Tax Parcel Number
Port Orchard WA 98366
City State Zip
kgoon@cie-14+-a-a's l<rI t5�+'. focJ
Email
Page 3 of 3
Vacation of City Right -of -Way Application
DocuSign Envelope ID: D2698268-40D3-48C3-9659-6613E6A4292D
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