048-19 - Ordinance - Vacating Alley between Cline and DekalbName and Mailing Address
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD 202105210141
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05121j2021 11:33 AM Page: 1 of 6
Paul Andrews, Kitsap Co Auditor
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Document Title(s): Ordinance No. 048-19 Vacating an Alley
between Cline Avenue and Dekalb Street
Auditor's File Number of Document (s) Referenced N/A
Grantor(s) person(s) that conveys, sells or grants interest in property:
City of Port Orchard
Grantee(s) person that buys, receives or to whom conveyance of property is made: MCT Real Estate
LLC, and Mist, Harold H. and Vlist, Shirley J. and New Holland Properties, LLC
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
Block 3, S.M. Stevens Town Plat of Sidney, Government Lot 3 in the NW
Quarter of the SE Quarter of Section 26, Township 24 N, Range 1, E. W.M.
Assessor's 14 digit Tax Parcel Number: 4650-003-003-0006, 4650-003-006-0003 and
4650-003-007-002
04/25/14
ORDINANCE NO.048-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING AN ALLEY BETWEEN CLINE AVENUE AND DEKALB STREET AT
BLOCK 3, S.M. STEVENS TOWN PLAT OF SIDNEY, LOCATED IN PORT
ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH
VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, a petition for vacation of an alley between Cline Avenue and DeKalb Street
was submitted to the City by Ms. Minh Chau Trinh ("Petitioner'); and
WHEREAS, Harold and Shirley Vlist are the adjacent property owners. These property
owners, along with the Petitioner, 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 October 8, 2019, the City Council adopted Resolution No. 035-19, fixing
November 12, 2019, 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 November 12, 2019, 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 pendency of the street vacation petition and
the public hearing thereon, 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.
Ordinance No. 048-19
Page 2 of 3
SECTION 3. Staff Report. Staff has prepared a report and recommendation on the
proposed vacation, which is dated November 12, 2019. A copy of this report was available to
the public prior to the public hearing.
SECTION 4. Public Hearing. The public hearing was held on the petition for street
vacation on November 12, 2019.
SECTION 5. Testimony at Public Hearin . The Public Hearing was held and no one in
opposition commented on this street vacation.
SECTION 6. City Council Findings. After hearing the testimony of the public, and
considering the staff report and all other relevant facts, the City Council finds as follows:
a. The area sought to be vacated was dedicated to the City in 1886 as part of the S.M.
Stevens' Town Plat of Sidney. To date the City has not opened the ROW.
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.
Portions of an abutting property owner's improvements are encroaching into the
area.
d. The vacation of the area would not adversely affect any City utilities, such as water,
sewer, or storm.
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 submitted by the Petitioner may be vacated and hereby approves the
street vacation petition.
SECTION 8. Compensation and 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 the Petitioner compensating the City in an amount which does
not exceed one-half the appraised value of the area so vacated. The adjacent property owners
will have an adjustment of property and to their property tax.
SECTION 9. 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.
Ordinance No. 048-19
Page 3 of 3
SECTION 10. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 11. 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 10th day of December 2019.
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
ron Cates, City Attorney
PUBLISHED: December 20, 2019
EFFECTIVE DATE: December 25, 2019
Rob Putaansuu, Ma or
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SPONSOR:
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Scott Diener, Councilmember
EXHIBIT "A"
LEGAL DESCRIPTION FOR 16 FOOT WIDE ALLEY VACATION
BLOCK 3, S.M. STEVENS TOWN PLAT OF SIDNEY
AS RECORDED IN VOLUME 1 OF PLATS ON PAGE 1
RECORDS OF KITSAP COUNTY, WASHINGTON
PREPARED FOR: MINH CHAU TRANH
THAT PORTION OF BLOCK 3, S.M. STEVENS TOWN PLAT OF SIDNEY AS RECORDED IN
VOLUME 1 OF PLATS ON PAGE 1, RECORDS OF KITSAP COUNTY, WASHINGTON, IN
GOVERNMENT LOT 3 IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS:
COMMENCING AT SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 3; THENCE NORTH
01 *41'48" EAST ALONG THE EAST LINE OF SAID LOT 7, 75.00 FEET; THENCE NORTH
88'18'12" WEST, PARALLEL TO THE SOUTH LINE OF SAID LOT 7 103.10 FEET TO THE
NORTHWEST LINE OF LOT 8 IN SAID BLOCK 3 AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 01 °41'48" EAST 20.97 FEET TO THE SOUTHEAST LINE OF LOT 4 IN
SAID BLOCK 3; THENCE NORTH 51 °25'49" EAST 135.12 FEET TO THE SOUTHEAST
CORNER OF LOT 6 IN SAID BLOCK 3; THENCE SOUTH 01 °41'48" WEST 20.97 FEET TO
THE NORTHEAST CORNER OF LOT 7 IN SAID BLOCK 3; THENCE SOUTH 51 °25'49"
WEST 135.12 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 2161.8 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
01 /30/2020
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WestSound
Engineering, Inc.
217 S.W. Wilkins Drive Port Orchard, Wa. 98366
Phone (360) 876-3770 Fax (360) 876-0439
E-mail: wse@wsengmeenng.cum
JOB No 2806 SHT 1 OF 2 SHTS
EXHIBIT "B"
BLOCK 3
S.M. STEVENS TOWN
PLAT OF SIDNEY
VOL. 1, PG. 1
5
4
3 AREA
TO BE
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20.97'
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01 /30/2020
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WestSound
Engineering Inc.
217 S.W. Wilkins Drive Port Orchard, Wa. 98366
Phone (360) 876-3770 Fax (360) 876-0439
E-mail: wse@wsengineeing.oxn
JOB No. 2806 sHr —Z OF 2 sHrs