HomeMy WebLinkAbout019-26 - Resolution - PH on Vacation of Right of Ways, Kitsap CountyDocusign Envelope ID: B7ECBEOF-ODB1 -40F4-AOOB-7F9D6BEE81 CE
RESOLUTION NO. 019-26
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 NEAR SIDNEY AVENUE; MOST
OF AUSTIN AVENUE FROM TAYLOR STREET AND SMITH STREET; A PORTION OF
AN ALLEY OFF DIVISION STREET NEAR SIDNEY AVENUE; MOST OF AN ALLEY
FROM SMITH STREET TO TAYLOR STREET; A PORTION OF SWEANY STREET OFF
OF SIDNEY AVENUE; MOST OF AN ALLEY FROM CLINE STREET TO AUSTIN
AVENUE; MOST OF AN ALLEY OFF OF AUSTIN AVENUE FROM TAYLOR STREET
AND SMITH STREET; A PORTION OF AN ALLEY OFF OF SWEANY STREET AND
SIDNEY AVENUE; AND A PORTION OF AN ALLEY OFF OF CLINE AVENUE NEAR
TAYLOR STREET.
WHEREAS, petitioners, Kitsap County and Steve Tyner of KMT LLC owners of the
adjacent properties, submitted petitions 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 near Sidney Avenue (Section 2;
a. Approximately 2,450 square feet
2) most of Austin Avenue from Taylor Street and Smith Street (Section 8)
a. Approximately 8,434 square feet
3) most of an alley off of Austin Avenue from Taylor Street and Smith Street (Sections 6
and 7)
a. Approximately 8,434 square feet
4) a portion of an alley off Division Street near Sidney Avenue (Section 3);
a. Approximately 3,054 square feet
5) most of an alley from Smith Street to Taylor Street (Section 9);
a. Approximately 1,540 square feet
6) a portion of Sweany Street off of Sidney Avenue (Section 4);
a. Approximately 4,667 square feet
7) most of an alley from Cline Street to Austin Avenue (Section 10);
a. Approximately 3,897 square feet
8) a portion of an alley off of Sweany Street and Sidney Avenue (Section 5); and
a. Approximately 4,667 square feet
9) a portion of an alley off of Cline Avenue near Taylor Street (Section 1).
a. Approximately 1,498 square feet
WHEREAS, the petitioners have submitted the petitions, copy attached hereto as Exhibit
A and incorporated herein by this reference, which meets the requirements set out in Port
Docusign Envelope ID: B7ECBEOF-ODB1 -40F4-AOOB-7F9D6BEE81 CE
Resolution No. 019-26
Page 2 of 3
Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the
City; and
WHEREAS, the petitioners 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 38,641 square feet,
legally described as follows and depicted in the survey contained in Exhibit B hereto:
ALL THOSE PORTIONS OF STREETS, AVENUES, AND ALLEYS LYING WITHIN THE PLAT OF
"SWEANY'S ADDITION TO SIDNEY", RECORDED IN KITSAP COUNTY AUDITOR'S OFFICE VOLUME
1, PAGE 55 OF PLATS, LYING WITHIN SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST,
WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, WASHINGTON, DESCRIBED AS FOLLOWS:
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 3, AND LOTS 10 THROUGH 12 OF
BLOCK 4 (SECTION 1);
TOGETHER WITH,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 2 THROUGH 9 OF BLOCK 3 {SECTION 2);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 10 OF BLOCK 2 (SECTION 3);
ALSO,
THAT PORTION OF SWEANY STREET ADJOINING LOT 6 OF BLOCK 2 AND LOT 10 OF BLOCK 3,
EXTENDING TO THE WESTERN MARGIN OF ALLEY WAY WITHIN RESPECTIVE BLOCKS (SECTION 4
AND 5);
ALSO,
ALL THAT PORTION OF AUSTIN STREET BETWEEN BLOCKS 7 AND 8 (SECTION 6, 7, AND 8);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 20 OF BLOCK 8 {SECTION 9);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 24 OF BLOCK 7 {SECTION 10);
WHEREAS, the street vacation is requested to be part of the Kitsap County new
Courthouse expansion and remodel project; now, therefore,
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
Resolution No. 019-26
Page 3 of 3
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, March 24, 2026, at 6:30 p.m., at which
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 24th day of February 2026.
Signed by:
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Robert Putaansuu, Mayor
ATTET igned by:
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Brandy Wallace, MMC, City Clerk
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029 • cityhall@
www.cltyofportorchard.us
RE6S_I
DEC
dDF PORT rl,—.
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
Mailing Address: 614 Division Street, MS -4, Port Orchard WA 98366
Street City State Zip
Contact Information: Torte BrazltiS VBrazitis@kitsap.gov
Phone Email
Address of Requested Vacation: Various Rights of Way (See Exhibits A & B)
Street or nearest cross street
Parcel Number of Requested Vacation: N/A (Rights of Way)
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:
Described in Exhibit A and Depicted in Exhibit 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)
State the proposed use of the vacated right-of-way: The requested rights of way are
needed for the Kitsap County Courthouse Expansion Project, which will include
County facilities and parking lots for the public and employees.
Page 1 of 5
Vacation of City Right -of -Way Application
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
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[ of rea property abutting the requested vacation of City right-of-way.
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
• $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:
Date of Noticing:
Approved by the City Council Yes No
Page 2of5
Vacation of City Right -of -Way Application
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
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): Torie Brazitis, Kitsap County Administrator
First and Last Name
Contact Information. (360) 337-4403
Phone
Street or Nearest Cross Street of Requested Vacation
Parcel Number of Requested Vacation
VBrazitis@kitsap.gov
Email
Various rights of way (see Exhibits A &B)
N/A (Rights of Way)
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.
Torie Brazitis
First and Last Name (Printed) of•-Prop.orty Owner/Corporate Officer
Manag' Member
(Sign re or Tit )
First and Last Name (Printed) of Property Owner/Corporate Officer
Managing Member No. 2
(Signature and/or Title)
Kitsap County
Name of Corporation (if applicable)
Name of Corporation (if applicable)
Property Address Tax Parcel Number
MalrneAddrPss: 614 Division Street, MS -4, Port Orchard WA 98366
Street
Contact Information:_
City State Zip
(360) 337-4403 VBrazitis@kitsap.gov
Phone Email
Page 3 of 5
Vacation of City Right -of -Way Application
Docusign Envelope ID: B7ECBEOF-ODB1-40F4-AOOB- 9D6BEE810E
(360) 876.4407 • FAX (3F 0) 895.9029 • cityhall@cityofportorchard-us
www.cityotportorchard.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)- Tone Brazitis, Kitsap County Administrator
First and Last Name
Contact Information: (360) 337-4403 VBrazitis@kitsap.gov
Phone Email
Street or Nearest Cross Street of Requested Vacation.- Various rights of way (see Exhibits A & B)
N/A (Rights of 'Nay adjacent to Tax Parcel Nos 4059-007-021-0101 & 4059-007-018-0106)
Parcel Number of Requested Vacation:
Section 10
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.
Steve Tyner
First and Last Narrt inted) of Property Owner/Corporate Officer
Managing
{Sign ure and/or Title) Pi
KMT LLC
Name of Corporation (if applicable)
First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable)
Managing Member No. 2
(Signature and/or Title)
Property Address Tax Parcel Number
Mailing Address: 1412 NE Paulson Road, Poulsbo WA 98370
Street City State Zip
Contact Informatior;. (360) 710-8130 stevetynerl @gmail.com
Phone Email
Page 4 of 5
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
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): Tone BrazitiS, Kitsap County Administrator
First and Last Name
Contact Information: (360) 337-4403 VBrazitis@kitsap.gov
Phone
Email
Street or Nearest Cross Street of Requested Vacation: Various rights of way (See Exhibits A & B)
ParceI Number of Requested Vacation: N/A (Rights of Way)
Signatures of owners of real property abutting requested vacation of right-of-way area ote: all persons who have
an ownership interest must sign this document, This includes co-owner(s) and/or ouses, or corporate officers
authorized by the corporation.
By signing, I/We declare under penalty of perjury under the laws of the State o ashington that:
• I/We are the true and correct owner(s) of real property abutting th treet or alley sought to be vacated.
• I/We understand that I/We may see an increase on my/our tax as ssment if this vacation of right-of-way
petition is approved.
• I/We understand I/We may be required to pay for a portion o he vacated right-of-way.
Thomas Gilbert
First and Last Name (Printed) of Property Owner/Corporate Offi r Name of Corporation (if applicable)
Managing Member No, 1
(Signature and/or Title)
Elaine Gilbert
First and Last Name (Printed) of Property Owner/Co
Managing Member No. 2
(Signature and/or Title)
Property Address
Mailing Address:_
Officer Name of Corporation (if applicable)
Tax Parcel Number
24091 Gilbe .Avenue NE, Poulsbo WA 98370
Street
Contact Information:
City State Zip
(36w 779-5327 e13152024@gmail.com
Phon_ Email
Page 5 of 5
Vacation of City Right -of -Way Application
Docusign Envelope ID: B7ECBEOF-ODB1 -40F4-AOOB-7F9D6BEE81 CE
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EXHIBIT "A"
ROAD VACATION
ALL THOSE PORTIONS OF STREETS, AVENUES, AND ALLEYS LYING WITHIN THE PLAT OF "SWEANY'S
ADDITION TO SIDNEY", RECORDED IN KITSAP COUNTY AUDITOR'S OFFICE VOLUME 1, PAGE 55 OF PLATS,
LYING WITHIN SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN,
CITY OF PORT ORCHARD, WASHINGTON, DESCRIBED AS FOLLOWS:
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 3, AND LOTS 10 THROUGH 12 OF BLOCK 4
(SECTION 1);
TOGETHER WITH,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 2 THROUGH 9 OF BLOCK 3 (SECTION 2);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 10 OF BLOCK 2 (SECTION 3);
ALSO,
THAT PORTION OF SWEANY STREET ADJOINING LOT 6 OF BLOCK 2 AND LOT 10 OF BLOCK 3, EXTENDING
TO THE WESTERN MARGIN OF ALLEY WAY WITHIN RESPECTIVE BLOCKS (SECTION 4 AND 5);
ALSO,
ALL THAT PORTION OF AUSTIN STREET BETWEEN BLOCKS 7 AND 8 (SECTION 6, 7, AND 8);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 20 OF BLOCK 8 (SECTION 9);
ALSO,
THAT PORTION OF ALLEY WAY ADJOINING LOTS 1 THROUGH 24 OF BLOCK 7 (SECTION 10);
Original signature with blue ink
Kitsap County Department of Public Works
614 Division Street, MS -26, Port Orchard, WA 98366
Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
EXHIBIT "B"
VICINITY MAP
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Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E
EXHIBIT "B"
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