006-09 - Resolution - Public Hearing on Petition to Vacate City Right-of-WayIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 006-09
City Clerk
City Clerk
City Clerk
January 27, 2009
January 27, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, FL"XING THE DATE OF PUBLIC HEARING ON A
PETITION TO VACATE A PORTION OF CITY RIGHT-OF-WAY
OF THE 4300 BLOCK OF SIDNEY ROAD S.W.
LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 2 AND A PROTION OF THE
SOUTHEAST QUARTER OF SECTION 3 ALL IN TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON
MORE PARTICULARLY DESCRIBED IN EXHIBIT A
INCORPORATED AND A1TACHED HEREIN.
ADJACENT PARCEL NO: 022301-3-001-2009
LEGAL DESCRIPTION: A PORTION OF THE WEST HALF OF
SECTION 2 AND A PORTION OF THE EAST HALF OF SECTION 3
ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON.
MORE PARTICuLARLY DESCRIBED IN EXHIBIT B
INCORPORATED AND ATTACHED HEREIN.
ADJACENT PARCEL NOS: 022301-3-002-2008, 022301-3-026-2000
022301-3-003-2007, 022301-3-007-2003, and 022301-3-005-2005
WHEREAS, the petitioners, Mist Ventures, have submitted a petition to vacate
a portion of City right-of-way located in the 4300 Block of Sidney Road S.W., which was
annexed by the City on December 30, 2008, pursuant to Ordinance No. 048-08; and
WHEREAS, the petitioners constitute more than two-thirds (2/3) of the owners
of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and
WHEREAS, the property sought to be vacated is approximately 46,085 square
feet; and
WHEREAS, pursuant to Resolution 1990, the City Council Public Property
Committee and the City Engineer have reviewed the petition and recommend adoption;
and
Resolution No. 006-09
Page 2 of 2
WHEREAS, petitioners have requested that proceedings be had hereon for the
vacation of said right-of-way in the manner prescribed by Chapter 35·79 RCW; now
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: A Public Hearing on a Petition to vacate a portion of City
right-of-way located in the 4300 Block of Sidney Road S.W., as
submitted by Mist Ventures, is hereby set for Tuesday, February 10,
2009, at 7:00 p.m. in the Robert G. Geiger Council Chambers, City
Hall, 216 Prospect Street, Port Orchard, Washington.
THAT: Public Notice shall be posted pursuant to RCW 35.79.020, and
that individual notice shall be mailed to the owners of Parcel No.
022301-3-005-2005 pursuant to the records of the County.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor
and attested by the Clerk in authentication of such pass~~,~~~~~:=:;;tJ:t~,~!pa~oo9.
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Patricia J. KirkpatricK:, City Clerk
022301-3-001-2009
Exhibit A
Resolution No. oo6-og
ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., LYING WESTERLY OF STATE
HIGHWAY 16, (l'ORMERLY NO 14) MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, 321.75 TO THE TRUE POINT OF BEGINNING OF
THE PROPERTY THEREIN DESCRIBED; THENCE CONTINUING NORTH ALONG SAID WEST
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 321.75 FEET;
THENCE EAST TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE SOUTH ALONG SAID EAST LINE TO A POINT THAT IS EAST FROM THE
TRUE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING; AND EXCEPT
THAT PORTION, IF ANY, LYING WITHIN THE GRADE INTERSECTION; EXCEPT THAT
PORTION LYING SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF
SIDNEY ROAD AS CONVEYED IN DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S
FILE NO. 336182; AND EXCEPT THE WEST 6o FEET THEREOF AS CONVEYED TO THE STATE
OF WASHINGTON BY DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO.
639858; SITUATE IN KITSAP COUNTY, WASHINGTON.
022301-3-002-2008
Exhibit B
Resolution No. 006-09
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER; THENCE NORTH 321.75 FEET; THENCE EAST TO COUNTY
ROAD; THENCE SOUTHERLY ALONG COUNTRY ROAD TO SOUTH LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE WEST TO POINT OF
BEGINNING; EXCEPT PORTION LYING EAST 01' THE NEW COUNTY ROAD (SIDNEY
ROAD); AND EXCEPT PORTION CONVEYED TO STATE OF WASHINGTON FOR STATE
HIGHWAY NO. 14, UNDER AUDITOR'S FILE NO. 627603; AND EXCEPT COUNTY ROAD;
ALSO EXCEPTING THEREF'ROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING
AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321.75 FEET FROM
THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THAT RIGHT OF
WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN MEASURED AT
RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16,
OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID RIGHT OF
WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A 14 40+20-40 ON
SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE S53*52'50 E
93.00 FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY ROAD); THENCE
SOUTHWESTERLY, ALONG SAID COUNfY ROAD, TO INTERSECT SAID RIGHT OF WAY
LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT OF
BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON.
022301-3-026-2000
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321.75
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THE
RIGHT OF WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN
MEASURED AT RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY
ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID
RIGHT OF WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A14
40+20.40 ON SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE
SOUTH 53*52'50 EAST 93.00 FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY
ROAD); THENCE SOUTHWESTERLY, ALONG SAID COUNTY ROAD, TO INTERSECT
SAID RIGHT OF WAY LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO
THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON.
022301-3-003-2007
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER,
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
EASTERLY MARGIN OF SIDNEY ROAD, AS DISCLOSED IN VOL 257, PAGE 366 OF
DEEDS, WHERE SAID EASTERLY MARGIN OF SIDNEY ROAD INTERSECT THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST
TO THE WESTERLY MARGIN OF STATE HIGHWAY 16 (FORMERLY PRIMARY STATE
HIGHWAY NO. 14); THENCE NORTHWESTERLY ALONG SAID MARGIN TO THE
EASTERLY MARGIN OF SIDNEY ROAD; THENCE SOUTHWESTERLY ALONG SAID
EASTERLY MARGIN TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF
KITSAP, STATE OF WASHINGTON.
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022301-3-007-2003
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER,
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST 650
FEET; THENCE SOUTH 374 FEET; THENCE WEST 350 FEET; THENCE NORTH 344
FEET; THENCE WEST 300 FEET; THENCE NORTH 30 FEET TO THE POINT OF
BEGINNING; EXCEPT COUNIY ROAD; AND EXCEPT THAT PORTION THEREOF LYING
WITHIN STATE HIGHWAY NO. 14; AND EXCEPT THAT PORTION CONVEYED TO THE
STATE OF WASHINGTON BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 634702
AND 635817; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON.
022301-3-005-2005
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30 FEET SOUTH AND 50 FEET EAST OF THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; RUNNING
THENCE EAST 215 FEET; THENCE SOUTH 320 FEET; THENCE WEST 265 FEET;
THENCE NORTHEASTERLY 323 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS.
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