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HomeMy WebLinkAbout073-25 - Resolution - PH to Vacate ROWDocusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B RESOLUTION NO. 073-25 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 INCLUSIVE OF BLOCK 8, SWEANY'S ADDITION TO SIDNEY AS Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Resolution No. 073-25 Page 2 of 3 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 10, 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, December 16, 2025, at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear in person or Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Resolution No. 073-25 Page 3 of 3 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 18th day of November 2025. FSigned by: oti �t,�zuun,stu�. Robert Putaansuu, Mayor A,LL'S i�nre; by: ARAAB2flflflA1P Brandy Wallace, MMC, City Clerk Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT A City of Port Orchard City Clerk's Office . ' F 216 Prospect Street, Port Orchard, WA 98366 I ` (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchar .0 www.cityofportorchard.us C' R7' C'E 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 Name(s): 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 Address of Requested Vacation: Austin Ave, between Taylor Street and Smith Street .: - attached bitC, D & E. Parcel Number of Requ@4ted,VaCa ion: 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) 2. State the proposed use of the vacated right-of-way: New surface parking lot to serve the new courthouse expansion and remodel. Page l of 3 Vacation of City Right -of -Way Application Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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. Signature of Applicant 5 /iJZ2 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 • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received _Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received Yes No Receipt No.: Support for Vacation Petition By Abutting Property Owners form(s) Received _ Yes No Public Hearing Date: Notices Posted by: Approved by the City Council _ Date of Noticing: Yes No Page 2 of 3 Vacation of City Right -of -Way Application Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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. SAL LANG �fRV� ti%%�i5\ ���vrllfiYll'•iiijY�' MTN COAST - 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: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT A 4 7 I � - 5 6 S87.41'25"E 366.09 - - _ 1 S87'41'25"E 366.09 __ TAYLOR ST� AREA BEING VACATED 66X127,8• _ 1 _ 20 8434 SQ. FT. 2 - -- -- _ I12 -- --- _ 4 P2P 33 33 I > AREA BEING VACATED - J 1 Q P 12'X128.4' 13I N -� - 0 1540 SQ. FT. iLWi5'I -� - S87' 14'40"E 367.07 SMITH ST - -� / Y7 o` s , r/ SW1/4 SE1/4, SEC 26 T 24N, R 1 E, WM o 29278 �� rs0 SJ� LL M2 C 41 D MTN EXHIBIT B COAST1.—rircon c•1 _ K ITSAP COURTHOUSE PROFESSIONAL LAND SURVEYORS DATE: 4/04/2022 2320 MOTTMAN RD SW, STE 106 SCALE: 1 "=80' TUMWATER, WA 98512 M2C PROJECT NO.: 22-103 360.688.1949 SHEET NO. 2 OF 2 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B 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. 4` 04 �u451,1 of R 29278 1 1 Y fs FGISTER�' ` LAND io�tra�vtri� �rrall r!. ir.:Y MTN EXHIBIT A COAST- 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: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT B-1 - _ _ VISION ST 364.26 N88-15'31 "W 7 / AREA BEING VACATED 10 12'X254.5' 3054 SQ. FT. I 2 II 1� 2 ° I W ��S S 7 I� v 7 o ZI I z — — AREA BEING VACATED 5 60'X 155.6' 79334 SQ. FT. �SWEANY ST 365.12 N88'01'06"W VAC ORD 887 1 rn o w p 1 N 7 / AREA BEING VACATED - 12'X204.2' 2450 SQ. FT. 5 S87'41'25"E 366.09 TAYLOR ST rfll SW1/4 SE1/4, SEC 26k # 24N, R 1 E, WM `� ok wary{ MTN COAST. - PROFESSIONAL LAND SURVEYORS °g7 2320 MOTTMAN RD SW, STE 106�srfAf TUMWATER, WA 98512 360.688.1949 iv EXHIBIT B KITSAP COURTHOUSE DATE: 4/04/2022 SCALE: 1"=l00' M2C PROJ NO.: 22-103 SHEET NO. 2 OF 2 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT B-2 VACATION DESCRIPTION THAT PORTION OF ALLEY LYING ADJACENT TO LOTS 1 THROUGH 3 INCLUS VE OF BLOCK 4, SWEANY'S ADDITION TO SIDNEY AS RECORDED IN VOLUME 1 OF PLATS AT PAGE 55, RECORDS OF KITSAP COUNTY, WASHINGTON. .lYZ/l ',� } y Y29278 �s/ANA L cL ANA C-3 MTPV EXHIBIT A COAST- 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: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B EXHIBIT B-2 SWEANY ST 365.12 N8801'06"W I - - _ SAO 0RD 88� — w I ZI ' I O I � o� o [� w 0 1 2 3 4 I I cn — 0 sV, z I c����yO S�OQ 55 I c~n ff 12 fit 10 AREA BEING VACATED Q 10'X149.8' 1498 SQ. FT. TAYLOR ST _ S87'41'25"E 366.09 \ 't'7 t �J oF "'ASHY / r SW 1 /4 SE1/4, /4, SEC 2 PROFESSIONAL LAND SURVEYORS 2320 MOTTMAN RD SW, STE 106 TUMWATER, WA 98512 360-688-1949 EXHIBIT B KITSAP COURTHOUSE DATE: 4/19/2022 SCALE: 1 "=80' M2C PROJECT NO.: SHEET NO. 2 OF 2 6 22-103 Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B City of Port Orchard A City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 **w "•' " (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): Kitsap County Courthouse First and Last Name Karen Goon, County Administrator. 360-337-4403 kgoon@co.kitsasp.wa.us Contact Information: Phone Email Austin Ave, between Taylor Street and Smith Stree Street or Nearest Cross Street of Requested Vacation: 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 Kitsap County Courthouse First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 RCS-, , e-0 VA k (Signature and/or Title) ►-1E� Mt ck, 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 See Exhibit C, D Property Address Tax Parcel Number 614 Division Street, MS -4 Port Orchard WA 98366 Mailing Address: Street City State Zip Contact Information: 360-337-4403 kgoon@o l<I 1s'. loo) Phone Email Page 3 of 3 Vacation of City Right of -Way Application Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B v c io m a v � v � to v .o v v t0 � t0M �m N a O�Ot a¢ !!! 3 a Q 3 3 3 3 e 3 3 ¢ 3 3 ¢ ❑ ❑ ¢ s ¢ a <U) ¢ ❑ a a a 3 x_¢¢ u a x a x u x U x U x u ¢ x u a 3 x u a x U x u ¢ S x u x u 1 O w 0 O 0 0 O 00 O O 0 O 0 00 0 0 u a a O g n a Ua' Oa O g C2 g 2 O n a n a^ n O< a < 2 0O N m tail < N t2n r�i r<n v�'i a rii f f rii l%1 E to F rn 2a2 f 2 z2 E E U EO 2 f �GGGGGtn�tn tnGtntntn GGG 20 z z z Z z 22 Z 22222 22 Z a < o o o o o o o o 00000 000 G G G G G G G G G > G > G > G G > G > G G > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0 c v c v c v v a c m v a v c c v m m m rn a m L+ m rn rn m rn m m 0)m m m 3 3 3 3 3 E 3 3 3 3 3 3 3 3 000 ❑ 000 ❑ ❑ L a U) x OO x x K a C x x S< = a, ( <<2 110 O O K O K O O U QJ < O K 0 U) 0< U 0 U .< U K O O a 0 a 0 a 0 a❑ z O a❑ z O L+ O 0 a 0 a 0 a L 2 0 a L O O O a ≥ G w w w a o W a o w a w a w a� w a r rn rn w a + O u 2 2 2 O Z O O Z O a>000aa O000Q NTara v❑ G G G a G G G G F¢ F Q r- a+ H m N tD O ti O^i �F O O o O to C O o 0 0 O VI tp t0 �O .O z N Z ry m m m h m l0 n m = 3 O o v O >, a Y o Y o ra Y o v O C cc 3 i 00 m m 0 m n o u7 ✓� a d uh > a L u 00 0N O Oa O a LU V1 a > - > P > P > K F j a O v, N U) Q U) u, Y ya U) Y W QJ N v Z Z Z gg Z C W Z W Z Z H W 22 W u a C7 ❑ E ❑ E ❑ z w z w a cn 3 0 ❑ Ow W z O 3 Q 00 f0 a a s 0 0 a a ¢ 0 a <U) > ❑ ❑ r.. z d N 0 v 8 0 v 0 0 8 8 0 N ++ > 0 > 8 > 0 > 8 > 8 4- fC > O > O > O y u U U u u fd U U u U u u u u u L L+ N 3 tail V� Val N tail (d t�i Val t�i t�i tan t�i Val tail O Y k Y Y k y k y k Y k Y k Y > k Y k Y k Y k Y k Y La k Y k Y k Y L _ O d. �-1 0 -, 1� o o o n o t0 o N .- m tD o o N 0 0 0 0 0 4 0 0 0 rt 0 r't 0 o ro o m o m o m o o� 0 0 m 0 m C o v 9 m 0 a+ 4 m V' 0 m V' 0 tfi 0 d. 0 m o d� C O o 0 0 0 o C o o i+ 0 0 0 0 i 0 0 0 0 0 0 0 0 in O O O a a O. o v 0 O L O L d .f° a m u o tL LL 0 x - v, d Z O a Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Kitsap County Courthouse Exhibit D PROPOSITION: Part 1 T H CM A S architecture studios )1-001-0009 )2-010-0006 )2-009-0009 )2-007-0001 )2-006-0002 )3-008-0008 )3-007-0009 )3-006-0000 1. Vacate alleys on county owned properties highlighted in blue. 2. Vacate Sweany St. County will reconfigure to provide a new private access drive to align with Ada St. Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Kitsap County Courthouse Exhibit D PROPOSITION: Part 2 4059-007-009-0008 4059-008-001-0103 4059-008-006-0009 THOMAS architecture studios Tl 4059-008-019-0004 4059-008-018-0005 4059-008-016-0007 4059-008-001-0004 4059-008-005-0208 1. Vacate Northern half of Austin Block and alley between Taylor St. and Smith St. highlighted in green. Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Z 0 U Z �¢ 0 O bo = LLU 0 z 0 U h pQU a 0 Q � &� z zQ z 0 W U m m E? 6 U a - m IS iHOIM0 E EE2. II I I is No1AVi 1S y015YJ UJ.J iS HllWS_ t 4rurJ TTTfl W cn ID O IL ID o< 3 Uo f— U Z0 O O O a UN � Z Q O �- a v o LU X W N O uJ C U Q LU 1i.1 U N Docusign Envelope ID: 89736039-A4C7-4F8B-A7A8-8290AAE43C9B Z 0 U 0 z O o O a y aU H Q Z O E) ca 2 aVU�aI J a Q 0 29 O a U O¢w ti z00 O o m m < af�Q a U m L 2 IS IHOIM0 IS IHOIM0 LI --- ---- o f - I IS NOISING IJIHr I- -� _;<I( w— — — — ail I �� (D� o , Z O • -1 [ w� m > '/ w --. 1 '+ I' I I , is aolAVI I ISHOlAH1 E, _—__—==. I •i lei Ie,Ta iA Ail � . his � . � lu' I� II 1 TF,11 y, I LIIII •1 Y''�IILLI�I I�I�Ia IIf _�� Il 11 I I� I l i `I IhI I I1 �TfTTT�f�f 1 i I I IS HAWS .. —ail. I .±ip W v) ID O IC ID cTh < 3 Uo I— U Z0 O O° U � i Qc N O z O UJ I- 0