036-17 - Ordinance - Vacation of a Portion of Bay StreetAfter recording, return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF
Ordinance Rec Fee: $ 78.00
12/13/2017 11:28 OH Dolores Gilmore, Kitsap Co auditor
201712130061
Page: 1 of 5
I
ORDINANCE NO. 036-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF BAY STREET AT LOT 14, BLOCK 15, FIRST
ADDITION TO SIDNEY, LOCATED 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 Ann Schnitzer on behalf of Marlee Apartments ("Petitioner"); and
WHEREAS, the Petitioner owns 50% of the property abutting the proposed
vacation area and the City of Port Orchard, via City right-of-way, is the other abutting
property owner on the petition. These property owners represent more than two thirds
of the abutting property; and
WHEREAS, on September 26, 2017, the City Council adopted Resolution No. 053-
17, fixing October 24, 2017, 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 of the pending street vacation
petition and public hearing thereon (POMC Section 12,08.020(1) and RCW 35.79); 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
WHEREAS, the City Council held a public hearing on October 24, 2017, on the
proposed street vacation; now, therefore,
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.
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
12.08.020 and RCW 35.79, and that notice was also posted on the street or alley sought
to be vacated.
Section 2.
Ordinance No. 036-17
Page 2 of 3
Staff Report. Staff has prepared a report and recommendation on
the proposed vacation, which is dated October 24, 2017. A copy of this report was
available to the public prior to the public hearing.
Section 3.
Public Hearing. The public hearing was held on the petition forSection 4.
street vacation on October 24, 2017.
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 dedicated to the City in 1890 as part of the
First Addition to Sidney Plat. To date the City has not opened the ROW.
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. The area is encroaching into the City's right-of-way. This vacation
would clean up the encroachment so the City can receive the necessary
certification from WSDOT for the Bay Street Pedestrian Pathway.
d. The vacation of the property 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 Council Conclusions. The City Council has determined that
the area proposed for vacation may be vacated and hereby approves the street vacation
petition.
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 the Petitioner compensating the
City in an amount which does not exceed one-half the appraised value of the area so
vacated.
Section 8.
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 9.
Ordinance No. 036-17
Page 3 of 3
Publication. This Ordinance shall be published by an approvedSection 10.
summary consisting of the title.
Section 11. 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 24th day of October
2017.
Robert Putaarrsuu, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:SPONSOR:
Snafon Cates, City Attorney ScoifciQi&ner, Councilmember
| : SEAL : |
5^'
November 3, 2017
November 8, 2017
PUBLISHED:
EFFECTIVE DATE:
EXHIBIT A
(EASEMENT)
LOT 14, BLOCK 15, FIRST ADDITION TO SIDNEY AS PER PLAT RECORDED IN VOLUME 1 OF
PLATS, PAGE 10, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE WITHIN
GOVERNMENT LOTS 1, 2, 3 AND 4, SECTION 25 AND WITHIN GOVERNMENT LOTS 3 AND 4,
SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF PORT ORCHARD, KITSAP
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE RIGHT OF WAY INTERSECTION OF BAY
STREET AND ROCKWELL AVENUE, BEING THE SOUTHEAST CORNER OF PARCEL NUMBER
4053-015-012-0002 PER KITSAP COUNTY ASSESSOR'S OFFICE; THENCE NORTH 88"2T15” WEST,
29.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF BAY STREET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 00-08’24" EAST, 12.87 FEET; THENCE SOUTH 89*42*23' WEST, 30.36
FEET; THENCE NORTH 00*09*12" WEST, 13.90 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID
BAY STREET, THENCE SOUTH 88*21*15" EAST, 30.38 FEET ALONG SAID NORTH RIGHT OF WAY
LINE TO THE TRUE POINT OF BEGINNING.
CONTAINS 407 SQUARE FEEJf MORE OR LESS.
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JAMES C DEMPSEY, P.L.S.
WASHINGTON STATE REGISTRATION NO. 41078
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EXHIBITi£2tN.L Olson & Associates, Inc.
Engineering, Planning and Surveying
(360) 895-2350 or (360) 876-2284
2453 Bethel Avenue, P.0. Box 637, Port Orchard, WA 98366
NLO #9571
SITUATE WINTHIN GOVT LOTS 1,2,3 AND 4,
SECTION 25 AND WITHIN GOV'T LOTS 3 AND
4, SECTION 26, TOWNSHIP 24 NORTH, RANGE
1 EAST, W.M., CITY OF PORT ORCHARD,
KITSAP COUNTY, WASHINGTON
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held October 24, 2017.
ORDINANCE NO. 036-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION
OF BAY STREET AT LOT 14, BLOCK 15, FIRST ADDITION TO SIDNEY, LOCATED IN PORT
ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 036-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 036-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 3, 2017