010-08 - Ordinance - Vacating Portion of City Right-of-WayAfter Recording Return to:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 200804040131
Ordinance Rec Fee: $ 46.00
04/0412008 11:44 AM Page, 1 of 6
Karen Flynn, Kitsap Co Auditor
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ORDINANCE NO. 010-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD VACATING A PORTION OF AN UNNAMED
ALLEY ADJACENT TO SIDNEY AVENUE, LOCATED TO THE
WEST OF PARCEL NUMBERS 4060-008-017-0102 AND 4060-
008-019-0001
Public Right of Way: No tax parcel number assigned.
LEGAL DESCRIPTION: Please See Exhibit A
WHEREAS, the City of Port Orchard has received a petition from Ray and Ann
Garner, Matthew and Jodi Raisl, and William and Virginia Anderson representing all of the
abutting property owners seeking to vacate a portion of an unnamed alley adjacent to
Sidney Avenue and to the west of parcel numbers 4060-008-017-0102 AND 4060-008-
019-0001; and
WHEREAS, upon proper notice, a public hearing regarding the proposed street
vacation was held before the City Council on March 11, 2008; and
WHEREAS, the petitioners have paid the required fees to compensate the City
in accordance with state law and local ordinance; and
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions upon the following exhibits and
testimony that it finds to be relevant and credible.
Ordinance No. 010-08
Page 2 of 3
1. The following documents were admitted into the record: Street Vacation
Petition, and attachments; staff report and attachments.
2. Chuck Childress testified in favor of the street vacation petition and accepted
city staffs recommendation that the area to be vacated encompass a larger
area, as depicted in the staff report.
3. Gil Michael spoke in favor of council members making site visits.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD
DOES RD
SECTION 1. The City Council finds as follows:
a. The property described below has been part of a dedicated public right-
of-way for twenty-five years or more.
b. No portion of the alley abuts a body of water.
c. The property described below is not useful as part of the City road
system and the public will be benefited by vacation of the City's interest.
d. Copies of certified deeds confirming ownership have been provided to
the City.
SECTION _2. The City acknowledges receipt of the sum of $4,500 which amount
represents the fair appraised value of the area to be vacated.
SECTION 3. The real property as described in the attached Exhibit A is hereby
vacated.
E TION 4. Pursuant to RCW 35.79.030 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 public utilities and services which at
the time of passage of this ordinance are authorized or physically 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.
PORT ORCHARD CITY OF 200804040131
Ordinance Rec Fee: $ 46.00
04104f2098 11:44 AM page: 2 of 5
Karen Flynn; Kitsap Cc Auditor
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Ordinance No. 010-08
Page 3 of 3
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 Cleric in authentication of such passage this 25th day of March
0t:
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
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Ordinance No. 010-08
Page 4 of 5
EXHIBIT A
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�� CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 - 3472 N.W. LOWELL "OLD TOWNE" • SILVERDALE, WA 993S3 • 360-692-6400 - FAX 360-692-9927
PORTION OF MATEY TO BE VACATED
THAT PORTION OF THE 20 FOOT WIDE PLA'17FED ALLEY LYING WITHIN BLOCK 9,
SWEANY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN
VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON,
ADJOINING LOTS 17, 18, 19, 24,25 ANID 26.
03-11-2008
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Ordinance No. 010-08
Page 5 of 5
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PORT ORCHARD CITY OF 200804040131
ordinance Rec Fee: $ 46-00 page: g Of 5
04/0412008 11:44 AM
Karen Flynn, Kitsap Co Auditor
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