2076 - Resolution - Vacating Portion of Seattle Avenue Right-of-WayCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2076
A RESOLUTION OF THE CTTY OF PORT ORCHARD,
WASHINGTON, VACATION A PORTION OF THE SEATTLE
AVENUE RIGHT OF WAY
Public Right of Way: No tax parcel number assigned.
Legal Description: Beginning at the northeast corner of
Sidney 1" addition block 011, lot 5, running approximately
66 feet east to the northwest corner of Sidney 1" addition
block 010, lot 1, running approximately 120 feet south to
the southwest corner of Sidney 1" addition block 010, lot
1, running approximately 66 feet west to the southeast
corner of Sidney 1" addition block 011, lot 9, running
approximately 120 feet north to the beginning.
WHEREAS, Gilbert S. and Kathleen Michael have submitted a petition to vacate a
portion of the Seattle Avenue right of way as legally described above, and said petition has
been signed by all of the property owners abutting the portion of the street to be vacated; and
WHEREAS, a portion of Seattle Avenue abuts Sinclair Inlet and therefore the Council
has followed the procedures for vacating streets or alleys as set forth in RCW 35.79.035; and
WHEREAS, City staff has prepared and the Council has reviewed an inventory of all of
the rights of way that abut Sinclair Inlet; and
WHEREAS, City staff has prepared and the Council has reviewed a report regarding the
suitability of the subject property for the uses described in RCW 35.79.035(1)(b); and
WHEREAS, a public hearing regarding the proposed street vacation was properly
noticed and held on June 28, 2004 in City Council Chambers, 216 Prospect Street, Port Orchard,
Washington; 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
Resolution No. 2076
Page 2 of 4
The Council bases its Findings and Conclusions upon the following exhibits and
testimony that it finds to be relevant and credible.
1. The following documents were admitted into the record:
A. Memo from City Engineer to City Council dated June 28, 2004 re Seattle
Avenue Right of Way Vacation.
B. Memo from City Engineer to Mayor Abel dated June 28, 2004 re Right of Way
Abutting Sinclair Inlet.
C. Street Vacation Petition submitted by Gilbert and Kathleen Michael.
D. Typed correspondence from M.R. Armstrong dated 6/22/04 directed "To
Whom it May Concern" as submitted by Kathy Michael.
E. Pictures and diagram of proposed park/pathway on Seattle Avenue as
submitted by Terrie DeGarmo.
F. Several pieces of correspondence stapled together as submitted by Attorney
Phil Havers, including:
• Copy of Fax dated April 26, 1999 to Don Fordney from Jill Olson, Temporary
Land Use Planner re property at 1001 Bay Street
• Copy of Letter dated February 23, 1999 to Lois England from Julie Brown,
Code Enforcement/ Associate Planner re Single Family Residence Illegally
Converted to Duplex
• Copy of Letter dated April 5, 1999 to Darlene A. Piper from Lawrence
Curies, City Engineer re vacating portion of Seattle Right-of-Way
G. Several items stapled together as submitted by Attorney James Tracey,
including:
• Minutes of the Port Orchard City Council Meeting of March 28, 1994
• Port Orchard Resolution No. 1660
• Port Orchard Ordinance No. 1603
• Photograph/diagram of Bay Street
H. Illustration of Property Grade of Seattle/Morton and Seattle/Prospect as
submitted by Gil Michael.
2. Larry Curies, city engineer, spoke regarding the substance of his two memoranda
dated June 28, 2004.
3. James Tracey, attorney for the petitioner, addressed the legal grounds in support of
the vacation.
4. Kathy Michael, co-petitioner, spoke as to the purposes of the vacation: to protect an
old building, to preserve a greenbelt, and to maintain access to their residence. She
also testified that neither she nor a long time resident/neighbor had seen evidence
of a path or trail across the subject property.
5. Philip Havers, attorney for citizens opposing the petition, addressed the legal
grounds in support of denying the petition to vacate.
6. Terrie DeGarmo, citizen, spoke against the vacation and in support of the property's
potential for a park.
PORT ORCHARD CITY OF RESOL $22.88 Ki\sap Co, ~A
Resolution No. 2076
Page 3 of 4
7. Melode' Sapp, citizen, spoke against the vacation and in support of the property's
potential for a park.
8. Reed Mueller, citizen, addressed the issue of whether Seattle Avenue abuts the
water.
9. Charles Harris, citizen, spoke against the vacation and described a trail that is still
present on the subject property and adjacent property.
10. Bruce Quaintance, citizen, described a project undertaken by Eagle Scouts on Cole
Street to provide stairs and path up a hillside.
11. Pat Drew, citizen, spoke against the vacation and in support of the property's
potential for a park.
12. Gil Michael, co-petitioner, addressed the steep grade in the area and the general
unsuitability for a public park.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: Based upon the testimony and exhibits, the City Council
finds as follows:
1. The property described below has been part of a dedicated
public right-of-way for 25 years or more.
2. 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.
3. A portion of Seattle Avenue abuts a body of salt water.
4. The subject property is not suitable for any of the purposes set
forth in RCW 35.79.035(1)(b).
FURTHER THAT: The following described property is hereby
vacated upon payment of the compensation set forth below:
Beginning at the northeast corner of Sidney 1st addition block 011,
lot 5, running approximately 66 feet east to the northwest corner
of Sidney 1st addition block 010, lot 1, running approximately 120
feet south to the southwest corner of Sidney 1st addition block
010, lot 1, running approximately 66 feet west to the southeast
corner of Sidney 1st addition block 011, lot 9, running
approximately 120 feet north to the beginning.
FURTHER THAT: This vacation shall not be effective until 1) the
owners of the property abutting upon the street so vacated pay
the City the sum of $4,000.00, which amount is the fair appraised
value of the area vacated; and 2) the abutting owners of the
subject property have provided a utility easement to access and
repair the electrical facilities that at the time of passage of this
resolution are physically located within the right-of-way to be
vacated, or proof that such an easement already exists.
PORT ORCHARD CITY OF RESOL $22 SS Ki\sap Co. UA
Resolution No. 2076
Page 4 of 4
FURTHER THAT· record a certifi • The City Clerk Auditor u ed copy of thi IS authorized pon receipt of th s resolution w·lth t and directed t
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by the Cle~s,~D by""' Oty "'"'"' f ~Mo proYid"' '""': Coooty
authentication of s o the City of Port 0 . uch passage this 28'h ;chard, SIGNED by th ay of June 2004. e Mayor and attested
v· ~-/~ f-_1 ?' I
KIM E A . BEL, MAYOR
ATTEST:
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helle Merlino D ' eputy City Clerk