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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: Fhb Pl MJA sluff. ARQfdQ?FZFSAd71l Robert Putaansuu, Mayor ATTET igned by: r yw D^B418 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 �wA 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 DIVISION STREET 002-00 0 010-00 SECTION 0 P �� 009-00 o 007-00 0 0 N N J> ti O 0 \ 006-00 SECTION 4 SWEANY ST w 001-00 SWEANY ST a SECTION 5 01-00 z SECTION 1 w z SECTION 2 008-00 V) 011-00 007— jJo 006-00 TAYLOR STREET SECTION 6 SECTION 8 SECTION 9 0 001-00 019-00 O N 005-00 009-00 w s 0 I 1 018-00 001-01 = z O O Q 006-0 °°s 016-00 O O s SECTIN 10 F °lp ' 021-01 I 00 Q ° 0 0 013-00 013-00 s\ 011-00 0 0 SMITH STREET SECTION 7 SEE SHEETS 2 AND 3 OF 3 SHEETS FOR DETAILED VIEW SHEET 1 OF 3 Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E EXHIBIT "B" PROPOSED VACATION DETAIL w z LU w z J 0 DIVISION STREET �1 2T 31- 4T 5r-6 i 1 I I I � 3 I I I ���d� hI I I ti f I I ,o I �wI I I I L�2JL »J_ 9J_- gLJ PERVIOUSLY VACATED PORTION OF SWEANY ST I I I I 1 41 51 61 I I �I I I I I 1+ I I I Joy' 1 + I I I 0 SECTION 1 1 I I I I I I I 1 ! 1 I I I I I I I L—�2 L rrJ— 7 -I---L—J--J SEE SHEET 3 OF 3 w z z D LI- 0 z 0 1= O w SECTION 3 9l -----el I 61 WEST MARGIN -----[ SECTION 4 TAYLOR STREET w z } w z 0 - - - - - - HISTORICAL PLAT PROPOSED VACATION SHEET 2 OF 3 Docusign Envelope ID: B7ECBE0F-0DB1-40F4-A00B-7F9D6BEE810E I - w w w z J U SECTION 10 A EXHIBIT "B" PROPOSED VACATION DETAIL I f I I I 1 121 11 1 101 91 81 71 SEE SHEET 2 OF 3 TAYLOR SECTION 6 I 1 1 21 31 41 51 61 71 81 9110111112 1 I i I I I I I i I I I I I I 1 11 I 1 t ! I 1 1 1 1 If I 1 I I I I I c:S' I 1 1 I 1 1 1 1 1 1 i l 1 1 1 1 1 i I i i i I t I I I 1 I I I I I I l I I I I I I I I l I 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I L2412312212112O1,9:781,71111 241 3122121120119118117116115114113 LJ-1_LJ-.L-LJ__ SECTION 7 m PREVIOUSLY VACATED PORTION OF AUS11N AVENUE L-------- ___ I STREET SECTION 2 SECTION 8 SECTION 9 r -------- --------- ------ w z ----w-- 4 __----�— __---__1719J 18 1 ------—I > 5 ---oc'-____—j N---- _--- -------1--- 0 -------- —__ 12J 10 -------- SMITH STREET - - - - - - HISTORICAL PLAT PROPOSED VACATION N.T.S. SHEET 3 OF 3 w z w z a