021-10 - Ordinance - Vacating Portion of City Right-of-WayCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201011180105
o,d/18/2010 12: Fe PM$ 66.00 Page: 1 of 5
Walter Washington, KltsaP Co Auditor
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Introduced by: City Clerk
Requested by: City Clerk
Drafted by: City Clerk
Introduced: November 9, 2010
Adopted: November 9, 2010
ORDINANCE NO. o21-io
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD
VACATINGA PORTION OF CITY RIGHT-OF-WAY LOCATED IN THE PI AT OF
POTTERY HILL ADDITION TO SIDNEY
LEGAL DESCRIPTION: at the Northwest corner of Lot 6, Block 2 of said Plat;
Thence West, ro.o feet to the Center line of alley between Blocks One and Two of said
Plat; Thence South along centerline of said Alley a distance of 23 feet, more or less, to
the center of unpaved portion of said plat; Thence West, at right angles to Block 1, of
said Plat, a distance of 1o.00 feet, to a point on the Easterly Margin of Lot 7 of Block 1
of said Plat; Thence South along East Margin of lot 7 of Block 1 a distance of 23 feet,
more or less, to the northerly edge of paved surfaced driveway/access road; Thence
East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the
Westerly Margin of Lot 7 of Block 2 of said Plat; Thence North 46 Feet along the West
Margins of lots 7 and 6 of Block 2 of said Plat to the Point of Beginning: Containing
approximately 690 square feet; more particularly shown in Exhibit A incorporated and
attached herein.
ADJACENT PARCEL NOS: 4046-oO2-Oo6-o1O7 and 4046-oo1-007-0108
Ordinance No.021-10
Page 2 of 5
WHEREAS, on September 17, 2009 the City of Port Orchard received a petition from Mr.
and Mrs. Jason Hill, Dara Lee Morgon-Rochon, and Mary Jo Buonanno, owners of more than two-
thirds (2/3) of the abutting property to vacate a trapezoidal section of the alley located in the Plat of
Pottery Addition to Sidney; and
WHEREAS, at the November 17, 2009, Work Study Session the Council directed that a
letter be sent to the property owners advising that the City cannot vacate a trapezoidal area because
the City can only vacate right-of-way to the centerline of an alley or street; and
WHEREAS, on August 23, 2010, the City received a revised petition from Mr. and Mrs.
Jason Hill and Mary Jo Buonanno, owners of more than two-thirds (2/3) of the abutting property
(hereafter "petitioners"), and a map for vacating an L-shaped portion of the right-of-way in the
alley located in the Plat of Pottery Hill Addition to Sidney; and
WHEREAS, at the September 28, 2010, meeting, the City Council set a public hearing on
the proposed vacation pursuant to RCW 35.79•olo; and
WHEREAS, the petitioners have paid the required application fees and the full appraised
value of the proposed vacated area, $3,450, to compensate the City in accordance with state law and
local ordinance; and
WHEREAS, proper notice was posted in accordance with the requirements of RCW
35.79.020 in three public places and in a conspicuous place on the street sought to be vacated; and
WHEREAS, pursuant to RCW 35.79.03o, a public hearing was held on November 9, 2010,
before the City Council; and
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES
ORDAIN AS FOLLOWS:
SECTION 1. Based on the testimony and documents presented at the public hearing, the City
Council finds as follows:
a. The property described above has been part of a dedicated public right-of-way
for twenty-five years or more.
b. No portion of the right-of-way abuts a body of water.
C. The property described above is not useful as part of the City road system and
the public will be benefited by vacation of the City's interest.
d. No land will be "locked" from access to public roadways by the vacation.
e. The vacation does not adversely affect utilities.
Ordinance No.021-10
Page 3 of 5
f. The enlarging of the adjacent property by virtue of the annexation does not
create potential or actual land uses that are inconsistent or conflict with city
growth plans and goals.
g. The City has received the fullest monetary amount allowed by law.
SECTION 2. The property described in the above legal description and shown on the map
attached as Exhibit A, incorporated herein by reference, is hereby vacated upon satisfaction of the
conditions set forth in Section 3 below.
SECTION R. This vacation shall not be effective until the owners of property abutting upon
the alley so vacated pay the City the sum of $3,450, which amount is the fair appraised value of the
area vacated.
SECTION 4. Pursuant to RCW 35.79.03o and POMC 12.08.020, the City reserves and
retains a perpetual easement under, on, or over the above -described vacated land for the
construction, repair, and maintenance of existing or future public utilities and services located on the
land or a portion of the land to be vacated.
SECTION s. The City Clerk is authorized and directed to record a certified copy of this
ordinance with the Kitsap County Auditor upon receipt of the compensation provided above.
SECTION 6. Effective Date. This Ordinance shall take effect five days after its publication.
A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State
law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of Noven o10.�
:":• I I :_ 6 0:u
Gregory A Ja oby, "Attorney
Sponsored by:
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J n Clauson, Councilmember
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Ordinance No. 021-10
VACATION at Fum Page 5 of 5
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d BepirI
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held November 9, 2010.
ORDINANCE NO. 021-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD VACATING A PORTION OF CITY RIGHT-OF-WAY
LOCATED IN THE PLAT OF POTTERY HILL ADDITION TO SIDNEY
Copies of Ordinance No. 021-10 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 021-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
November 12, 2010