008-05 - Ordinance - Vacating Portion of City Right-of-WayCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
200508100003
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FORT oRCHRRO CITY of OR[,
SUBSTITUTE ORDINANCE NO. 008-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD VACATING A PORTION OF CITY RIGHT-OF-WAY
ADJACENT TO 900 SROUFE STREET,
Public Right -of -Way: No Tax Parcel Number Assigned.
Legal Description: Located in the NE 1/4 of the NE 1/4 of Section 35,
Township 24, Range 1E. The 20 feet strip of land that separates
lots 1,2,3,4,5 and 6 from lots 37, 38, 39, 40, 41, 42, Block 7
Sweany's 2"" Addition to Sidney as per plat recorded in Vol. 2, page
18 of Kitsap County
WHEREAS, the City of Port Orchard received a petition to vacate a portion of City
right-of-way adjacent to 900 Sroufe Street signed by the owners of more than two-thirds of the
property abutting the area to be vacated; and
WHEREAS, upon proper notice, a public hearing was held before the City Council
on April 11, 2005; and
WHEREAS, following the public hearing the City Council adopted Ordinance No.
008-05 vacating the requested right-of-way; and
WHEREAS, subsequently it was discovered that a scrivener's error had omitted
"Lot 37" from the legal description of the area to be vacated; and
WHEREAS, this Substitute Ordinance No. 008-05 reflects the true and correct
legal description of the right-of-way that is subject to vacation and is to be substituted for
Ordinance No. 008-05 previously adopted on April 25, 2005; now, therefore,
FOLLOWS:
THE COUNCIL OF THE CITY OF PORT ORCHARD DO ORDAIN AS
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.
Substitute Ordinance No. 008-05
Page 2 of 2
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.
SECTION 2. The following described property is hereby vacated upon payment of
the compensation set forth in Section 3 below:
Located in the NE 1/4 of the NE 1/4 of Section 35, Township 24,
Range 1E. The 20 feet strip of land that separates lots 1,2,3,4,5
and 6 from lots 37, 38, 39. 40, 41, 42, Block 7 Sweany's 2nd
Addition to Sidney as per plat recorded in Vol. 2, page 18 of Kitsap
County
SECTION 3. The owners of property abutting upon the alley so vacated have
paid the City the sum of $1500.00, which is the fair appraised value of the area vacated.
SECTION 4. 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 S. 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 8" day of August 2005.
APPROVED AS TO
Ci ttorney
et /A�- .ti,,/
KIM ABEL, MAYOR
Sponsored by:
Ro ert G ig .. eKCouricilmember
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