2039 - Resolution - Vacation by Operation of LawCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 2039
A RESOLUTION OF THE CTIY OF PORT ORCHARD,
WASHINGTON, RECOGNIZING THE VACATION BY
OPERATION OF LAW OF A PORTION OF WENDELL AVENUE
AND A PORTION OF PALMER AVENUE
WHEREAS, the City of Port Orchard has received a petition to recognize the
vacation of a portion of Palmer Avenue and a portion of Wendell Avenue described in
Exhibit A attached hereto (the "Right of Way") by operation of law; and
WHEREAS, a public hearing was held before the City Council on August 25,
2003, now therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Council finds as follows:
a. The Right of Way was dedicated in a plat recorded prior to 1904.
b. At the time the plat was recorded it was located outside of the corporate
limits of any city or town.
c. The dedicated Right of Way was unused by the public for a period
greater than five years after the plat was recorded, and remains unused
by the public.
d. The Right of Way was annexed into the City of Port Orchard more than
five years after the plat was recorded.
SECTION 2. Pursuant to Laws of 1889-90, ch. 19, Sec. 32, the Right of Way
described in Exhibit A attached hereto was vacated by operation of law prior to March 13, 1909.
SECTION 3. This resolution is subject to the payment by Petitioners of $500.00
for the purpose of defraying the costs of investigating, processing and advertising, their
request.
Resolution No. 2039
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 8TH day of September 2003.
£-(Up ... ·=
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Resolution No. 2039
LEGAL DESCRIPTIONS
ATTACHMENT "A"
Wendell Avenue-A portion of Wendell Avenue as recorded in the Plat of Navy Yard Addition
to Sidney, Washington Vol. 1, Page 87, Records of Kitsap County situated in the SE % of the
SW '14 of Section 30, Township 24N. Range 2E, W.M. described as follows: Beginning at the NW
corner of block 7, lot 23, thence S 02* 08' 24" W 210ft. to the SW corner of block 7, lot 17;
thence N 87* 51' 36" W 60 feet to the SE corner of block 6, lot 16; thence N 02* 08' 24" E 180
feet to the NE corner of block 6 lot 11; thence S 87* 51' 36" E 30 feet to the right-of-way (r/w)
centerline; thence N 02* 08' 24" E 30 feet on the right-of-way; thence S 87* 51' 36" E 30 feet
to the point of beginning.
(Being an area of 11,700 sq. ft.)
Palmer Avenue-A portion of Palmer Avenue as recorded in the Plat of Navy Yard Addition to
Sidney, Washington Vol. 1, Page 87, Records of Kitsap County situated in the SE '14 of the SW
'14 of Section 30, Township 24N. Range 2E, W.M. described as follows: Beginning at the
intersection of the centerline of the vacated portion of the west end of SE Lovell Street and the
east boundary of Palmer Avenue, SE thence N 87* 51' 36" 30 feet to the west boundary of
Palmer Avenue; thence N 02* 08' 24" E 210 feet; thence S 87* 51' 36" E 30 feet, to the NW
corner of block 6, lot 22; thence S 02* 08' 24" W 210 feet to the point of beginning.
(Being an area of 6,300 sq. ft.)