012-16 - Ordinance - Vacating Portion of Alley off Tremont StreetReturn To:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366 PORT ORCHARD CITY OF 201606070028
Ordinance Reo Fee: $ 76.00 page: 1 of 4
06/07/2016 09:29 AM
Dolores Gilmore. Kitsap Co Auditor
1111111111111111111111111111111111 IN 11111111111111111111111111111111111 IN IN
ORDINANCE NO.012-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF ALLEY OFF OF TREMONT STREET LYING
BETWEEN BLOCKS 1 AND 2 of SIDNEY LAND COMPANY'S 2ND ADDITION
TO SIDNEY, LOCATED IN PORT ORCHARD, WASHINGTON, AND
ESTABLISHING THE CONDITIONS OF SUCH VACATION.
LEGAL DESCRIPTION: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID
BLOCK 1; THENCE EASTERLY TO THE NORTHWEST CORNER OF LOT 3 OF SAID BLOCK 2
AND THE TERMINUS OF THIS LINE. SITUATE IN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.
CONTAINS 855 SQUARE FEET, MORE OR LESS.
WHEREAS, a petition for vacation of an alley off of Tremont Street was
submitted to the City by Sharon and Richard Ness, who own more than two-thirds of the
property abutting this street sought to be vacated, is here attached as Exhibit A; and
WHEREAS, on April 12, 2016, the City Council considered the petition and
adopted Resolution No. 044-16, fixing May 24, 2016, 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
WHEREAS, the City Clerk provided public notice of the pending street vacation
petition and public hearing (POMC Section 12.08.020(1)); and
WHEREAS, staff determined the requested vacated area was platted prior to the
incorporation of the City in 1890, and remained in Kitsap County's jurisdiction until
annexed on March 10, 1952; and
WHEREAS, staff reviewed POMC chapter 12.08.060 and determined this
vacation is subject to the 1889-1890 Laws of Washington, Chapter 19, Section 32 (the
nonuser statue) and is vacated by lapse of time; and
Ordinance No. 012-16
Page 2 of 3
WHEREAS, the City Council held a public hearing on May 24, 2016, 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), if the City
Council determines that the area proposed for vacation has been vacated by lapse of
time under the non -user statute, it shall approve the vacation ordinance.
Section 2. Public Notice. The City Council finds that the City Clerk provided
at least 20 days' notice of the pendency of the street vacation petition and the public
hearing thereon, as required by POMC Section 12.08.020, and that notice was also
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 May 24, 2016. 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 May 24, 2016.
Section 5. Testimony at Public Hearing. The following is a list of the
members of the public testifying at the public hearing, and a summary of the public
testimony presented:
Patrick Lucas: Sought information on how funds from a street vacation
are used.
Jerry Arnett: Sought confirmation that the area to be vacated is not
currently being used as a road.
Section 6. City Council Findings. After hearing the testimony of the public
and considering the staff report and all other relevant facts, the City Council finds as
follows:
A. The plat document provided shows the area platted; and
B. City Ordinance No. 590 provided proof the area remained in the County
longer than 5 years as required by RCW 36.87.090.
Section 7. City Council Conclusions. The City Council determines the area
proposed for vacation has been vacated by lapse of time under the non -user statute,
and that the City has no legal interest in this area, and therefore shall approve the
vacation ordinance.
Ordinance No. 012-16
Page 3 of 3
Section 8. 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.
Section 9. 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 10. Publication. This Ordinance shall be published by an approved
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 May
2016.
ATTEST:
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APPROVED AS TO FORM ONLY'T�r'OF
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Sharon Cates, City Attorney
PUBLISHED: June 3, 2016
EFFECTIVE DATE: June 8, 2016
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Robert Putaansuu, Mayor
SPONSORED BY:
Scott Diener, Councilmember
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