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Home My WebLink About004-26 - Ordinance - Kitsap County Campus Street VacationDocusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 ORDINANCE NO. 004-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING CITY RIGHTS -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; AND RESERVATION OF UTILITY EASEMENT WITHIN ALL VACATED RIGHT OF WAY, IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, Kitsap County and Steve Tyner of KMT LLC, owners of the adjacent properties, submitted petitions to vacate City rights -of -way (ROW) ("Petitioners"); and WHEREAS, the petitions are 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; and Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 Ordinance No. 004-26 Page 2 of 9 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 A & 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); Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 Ordinance No. 004-26 Page 3 of 9 WHEREAS, the Petitioner sought signatures to join the petition by adjoining property owners, which collectively represent the owners of more than two thirds of the abutting property, and all have signed and are in support of the petition; and WHEREAS, on February 24, 2026, the City Council adopted Resolution No. 019- 26, fixing March 24, 2026, 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 as required by law (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 March 24, 2026, 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. Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days' and not more than 60 days' notice of the public hearing on this street vacation petition, as required by POMC Section 12.08.020 and RCW 35.79, including notice being 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 March 24, 2026. A copy of this report was available to the public prior to the public hearing in the Agenda Packet for the March 24, 2026 City Council regular meeting. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on March 24, 2026. Section 5. Testimony at Public Hearing. The Public Hearing was held testimony by the public on this street vacation was submitted for consideration. Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 Ordinance No. 004-26 Page 4 of 9 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 the original incorporated of the Town of Sidney, in 1890. 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. d. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. However, a utility easement between the City and Kitsap County will be required for the City to access the underground utilities. 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. Per POMC Section 12.08.050, the real property within the limits so vacated shall belong to the abutting owners in fee, one-half to each. No existing vested rights shall be affected by the approval of this petition and the associated vacation. Section 8. Compensation. Pursuant to Port Orchard Municipal Code 12.08.050, the approval of a street vacation is contingent on the payment of compensation in an amount that does not exceed the full appraised value of the area vacated. Compensation may include in -lieu transfers of real property. The Petitioner shall compensate the City with: (1) transfer of Kitsap County Tax Parcel No. 252401-4- 002-2008 (commonly known as "Veteran's Park"); (2) free public access to a County parking lot, on terms and conditions; and (3) $30,000. Monetary compensation shall be paid to the City prior to the recording of this Ordinance. The payment terms for the non - monetary compensation shall be memorialized in an agreement, in a form acceptable to the City Attorney. The Mayor is authorized to execute the agreement without further action by this Council. This Ordinance shall not be recorded until the agreement is mutually executed. Section 9. 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 receipt by the City of compensation set out in Section 8 of this Ordinance. Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 Ordinance No. 004-26 Page 5 of 9 Section 10. Reservation of Easement. As a condition of this vacation, a public utility easement is retained over, under, across and through the vacated land for the construction, repair, maintenance, and operation of public and private utilities, and for ingress and egress to the easement area at any and all times for such utility purposes. The Mayor is authorized to execute any documents consistent with this reservation. Section 11. 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 12. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 13. 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 14th day of April 2026. Signed by: a4Fao7FZFsxa7n Robert Putaansuu, Mayor ATTEST: Signed by: Brandy Wallace, MMC, City Clerk �-� oRQo+�grc�'. APPRSQ�/�Q AS TO FORM: • a . — ; SEAL Charlotte Archer, City Attorney PUBLISHED: April 17, 2026 EFFECTIVE DATE: April 22, 2026 Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 �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: F9462498-A49B-8645-807D-9EB6E90F5DF3 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: F9462498-A49B-8645-807D-9EB6E90F5DF3 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 s1 I I �I I I I I I+ 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= 0 w SECTION 3 9l -----el I s1 WEST MARGIN -----[ SECTION 4 TAYLOR STREET w z } w z 0 - - - - - - HISTORICAL PLAT PROPOSED VACATION SHEET 2 OF 3 Docusign Envelope ID: F9462498-A49B-8645-807D-9EB6E90F5DF3 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