068-21 - Resolution - Harmon and Phillips Street Vacation HearingRESOLUTTON NO.058-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF
HARRISON AVENUE, UNOPENED CITY RIGHT.OF.WAY LOCATED AT
INTERSECTION OF HARRISON AVENUE AND KITSAP STREET.
WHEREAS, the petitioners, Dana Harmon and John Phillips, submitted a petition to
vacate a portion of unopened City right-of-way, a portion of Harrison Avenue between Dekalb
Street and Kitsap Street; and
WHEREAS, the petitioners own the parcel at824 Kitsap Street, Kitsap CountyTax Parcel
No. 4053-007-005-008, located directly to the west of the proposed portion of unopened right-
of-way proposed for vacation, and are joined by the owner of the parcel at 906 Kitsap Street,
Kitsap County Tax Parcel No. 4053-008-001-0000, located directly to the east of the portion of
u nopened right-of-way; and
WHEREAS, the petitioners have submitted an application, copy attached hereto as
Exhibit A and incorporated herein by this reference, which meets the requirements set out in
Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by
the City; and
WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the
property abutting the area proposed for vacation pursuant to RCW 35.79.010; and
WHEREAS, the petitioners have requested that proceedings be had hereon for the
vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and
WHEREAS, the proposed area for vacation is approximately 7,92O square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First
Addition to Sidney recorded in Book 1-, at Page 10 of Plats, Kitsap
County, Washington; Thence East to the southwest corner of Lot 7
of Block 8 of soid plot; Thence north to the northwest corner of Lot
2 of Block 8 of said plot; Thence West to the northeast corner of
Lot 5 of Block 7 of said plat; Thence South to the Point of
Beginning.
WHEREAS, the street vacation is requested so that the petitioners will maintain this
greenbelt as private property; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Resolution No. 068-21
Page 2 of 2
THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, October 26,2O2I, at 6:30 p.m., at which
hearing all persons interested in said street vacation are invited to appear telephonically
or via the zoom platform. Access information including the telephone number and zoom
information shall be included in the notices required herein.
THAT: The City Clerk is directed to post notice of the petition in three of the most public
places in the city and a like notice in a conspicuous place on the street sought to be
vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's
website.
THAT:
hereon
The Resolution shall take full force and effect upon passage and signatures
rson, MMC, City Clerk
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 28th day of Septemb er 202L.
Robert Putaa Mayor
ATTEST
ndy Ri
City of Port Orchard
Clty ClerKs Office
215 Prospect Street, Port Orchard, WA 98355
(360) 876-11407 r FAX (360) 895-9029 r 6ilylpllgcityofportorchard.us
www.cltyof portorcha rd. us
Property Owne/s Neme(s)
Mailing 824
Street City State zlp
Contact
Phone Email
Address of Requested Vacation. Kilcan Sl
Street or nearest crcss street
parcel Number of Requested y161161; Unopened Right of Way between parcels 4053-007-005-0008 and
4053-008-001 -0000
1. The underslgned, owners of more than two-thirds of the real property abutting upon that
public street described below, do hereby petition the City of Port Orchard to vacate said
street/alley, described as follows (you may attach a separate sheet containing the legal
description):
Legal description of the requested right-of-way prepored by o licensed surueyor:
t _SeeAltached l{-c->J>-)\ \ 9r-c-<f:q11,p) * t
all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that
said City Council by Resolution fix a time and place when this petition shall be heard and
determined by that authority, which time shall not be more than sixty (50) days nor less than
twenty (20) days after passage of such Resolution (RCW 35.79'010)
2. What ls the proposed use of the vacated right-of-way: Vacaled tight'of-wav to be sp!!t 50/50
bv adiacent homeowners and incoroorated into and maintained as side yards ol existinq homes.
Page 1 of 3
Street Vacation APPlicationnevhed 7nfi9
3.Please provlde a map of the proPosed right-of-way area to be vacated with the
following information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage of the area to be vacated
5+t*
Date
I declare under penalty of perjury and the laws of the State of Washington that l/We are the
true and correct o,nn.r(t) of the property seeking a street vacation.
The lnlormttlon on thls lorm ls consldered a publlc rccord ond ls sublect to
publlcdlsclosure lays in Chaptet42.56 f,CW'
I
of ,/{/28/2.'Z/
Signature of Applicant Date
when submitttng thls applicatlon, please moke sure the loltowing requlrements and
d ocu me nts a re com Pleted :
r Neighboring petition signed by the owners of more than two-thirds of the property abutting
upon the part of such street or alley sought to be vacated;
r New legal descrlption to include the requested right-of-way;
. Documentation supportang the fair market value of the street or alley sought to be vacated, if
applicable;I Documentation supporting the Non-User Statue applles' if applicable
r Dimensions of area proposed to be vacated;
. Map of the proposed right-of-way to be vacated outlined or highlighted;
r Application processing fee of StzO; and
. S5OO appraisalfee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
FOR CITY CLERK'S OFFICE USE ONLY
5120 Street Vacation Fee Received
--Yes -
No Receipt No.:-
5500 Street vacatlon Appraisal Fee (Refundable Deposit)-Yes
-
No Receipt
Petitions Received from Adjacent Property Owners
-Yes -
No
Publlc Hearing Date:
Notices Posted bY: Date of Noticing:
Approved by the Councal Yes
-No Page 2 of 3
Street Vacation APPIicationRevtsed 7n/79
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 r FAX (350) 895-9029 o cltyhall@cityofportorchard.us
www.cityof portorcha rd.us
STREET VACATION
PETITION TO NEIGHBORING PROPERTY OWNERS
fhe Inlormatlon on thts lorm ls consldered o publlc record ond ls subJect to
publlc dlsclosure lqws ln Chopaer 42.s8 Rcw'
Property Owner Seeking Vacation Harmon
Flrst and Last Name
Phone
Street or Nearest Cross Street of Requested
Email
Parcel Number of Requested Vacation: Unopened Riqht ol Wav
Signatures of neighborlng property owners (Note: all persons who have an ownership interest must slFn
the petltlon. This lncludes co'owner(s) andlor spouse'
Geraldine Harmon
Home Owner No. l-First and Last Name (printed)
(Signature)
Home Owner No, 2-First and last Name (prlnted)
(Signature)
906 Kitsap St, Port Orchard, WA 98366 40s3-008-001 -0000
Property Address Tax Parcel Number
Malling
Street Clty state Ap
Revised 7ft/79
Phone Email
Page 3 of 3
Street Vacation Application
Rqad vacation fl
BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First Addition to sidney recorded
in Book 1, at Page L0 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 16 of Block 8 of said plat;
Thence north to the northwest corner of Lot L5 of Block 8 of said plat;
Thence West to the northeast corner of Lot 6 of Block 7 of said plat;
Thence South to the Point of Beginning.
Road vacation #2
BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded
in Book 1, at Page 10 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 1 of Block 8 of said plau
Thence north to the northwest corner of Lot 2 of Block 8 of said plat;
Thence West to the northeast corner of Lot 5 of Block 7 of said plat;
Thence South to the Point of Beginning.
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_&_OLD TOvlrNE REALIY
BROKERS PRICE OPIMON
RE:
Subject Properties:
Vacating Harrison Ave.
Kitsap St. to DeKalb Street
Port Orchard, WA.
Noel Larsen & Dena
851 Dekalb St.
Phillips Kymberly A.
905 Dekalb St.
ADDRESS
Pending Feasibility
1667 SE Crawford Rd
Sald:
3752 SE Rhapsody Dr
0000 Dekalb
Phillip & Dana Harmon
824 Kitsap St.
Geraldine R. Harmon
906 Kitsap St.
PRICE CDOM SERVICES SFPRICE
$57,000 245 No Sewer $13.9S
No sewer
Full Service
October 29,2021
$ 6.34
$r2.20
Criteria: Specific analysis and value attrition is given to the current community need and/or
municipal use or development of the ROW properly since November, 1888. Similar size
property(ies) pending and/or closed sales over the previous l2-month period within a 2-mile radius
of subject property that are inside the city limits of Port Orchard. There are only 3 properties that
meet this criterion.
$65,000
$91,500
i
69
Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the city
has never been inclined to use or develop the properly as a public right of way since the original
plat date of November, 1888. Additionally, Harrison Ave between Bay Street and Prospeet Alley
and Prospect Alley to Kitsap St has previously been vacated.
The topography ofthe subject Harrison Ave. property, alsoo presents steep incline challenges
that preclude the right of way property being developed into a usable right of way.
Yalue: Primarily the deficiencies of the subject properties as use as right of way, the lack of
demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the
cost to develop a less than needed ROW supports a value of $4,000 for vacating and transferring
ownership of the Harrison Ave. right of way from Kitsap St. to DeKalb St. to the listed owners,
above.
Respectfrrlly Submitted,
Donn
Designated Broker / Principal
Page I of 1
Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW
Between Dekalb Street and Kitsap Street
Su m ma ry:
For this petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave,
between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property
owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine
Harmon, own the fee title to the centerline of the public right-of-way. lt is also our
understanding that the fee title is encumbered by the City of Port Orchard with an easement
for a public right-of-way.
We believe this public right-of-way was established around 1888 under the original platting. lt
appears that in the time since it was established the right-of-way has remained unopened and
unimproved.
Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and
Kitsap Way has already been vacated by the city of Port orchard thus isolating this public right-
of-way to between Dekalb St and Kitsap Way'
We believe the City of Port Orchard has no current or future need of or plans for this public
right-of-way.
It is our understanding of the law that, as unimproved and unopened public right-of-way, we
can currently use the right-of-way as we can the rest of our property, subject to the possibility
of it being opened and improved at some point in the future'
Given that we, the owners of the abutting properties already hold fee title to the areas to be
vacated, we ask the city to unencumber the fee title held by us in these properties by removing
the public right-of-way easement associated with our properties, to extinguish the public
easement allowing us to regain unencumbered title to the property and we ask the city to do so
for a nominal amount, we propose a total of 54000 (four thousand dollars)'
Vacant Land Thumbnail
1667 SE Craurford Rd, Port Orchard, WA 98366MLS#: 1617505 Status: pF Stat Dt: OzlZrlZOZt L prtce:Area: 143 Lot #t O prlcelLotslze: .'A0!,c/flr7gzsl prllotSF: lf3.Oe CDOMrSub Propr Vgcant Lrnd Office: C€ntury 21 Northw€stStyle: {O- Rec-Leecthn I Ac Broker: Carrie ielnumCommty: Soutt KlternLot Dtls: Dead End Stre€t, PayGd Str€etRecent: O2l27l2OZt: Pending : A->pF
+67,00O
l67,0OOAE
*69,00O
fs5'ooo
l65,OOOI
lSS|OOO
$91,980
*9t,95O69
375.2SE
MlS#l
Areal
Lot Size:
Sub Propr
Style:
Commty:
ProJect:
Zone Class:
Lot Dtlsr
Rhapaody
1635442
Dr, Pott Orchard, WA 98366 s Prioe:
sta0s: s star Dti o9l22l2o2o L Pdcel!l!t Lot #: 2l
.23O acllO,E9O rf
Vaclnt land
{O - Rcr-Lesr thn 1 AcPoftOrchlrd
Hclody VlllagsRGtldcnthl
Gul-de-rac, Pavcd 9troat
O Prlce:
PrlLot SF: 16.34 CDOM:ffice; John L Scott, Inc.Broker: DsborahBonnevllle
DeKalb St, Port Orchard, WA 98366 s prtce:MIS#: ''5St422 Statusi S Stat Dt: OGIO9IZOZO L price:Ar€a; 143 Lot #: O prlce:
lot Slze: .t6O scl6,97o it PrlLot SF: lr2.20 CDOM:Sub Prop: Vacant Land Otrlce: G Anderson Group LLGstyle; ao - R.3'Ler. tlrn t Ac Broker: Gary AndereonCommty: Port Orch.rdzone gas6: Bsrln.asf llultl-F mlly, Resldentlrllot Dtls: Alley, Paved Struer
hformatlon Deemed Rellable But Cannot Be Guaranteed, Lot Slze and Square Footage Are Estlmates. 3lL2laOzL 3:37t58 PM.
KITSAP WcneffiSITE PLAN66.M821 Kit*p 5tP{t Otch6d, VIA 98366TAX PArcEL NO.405J-047- 005-OO0ARIGH| OF WAY17 ocre (opprox. 7,405 sq lt)-lE oae (opprox. 7,920 sq ft)ALLEY56-OO^ 9o5 KitsoD Sld Pqt Orciord. JYA 9a566R rAx PARCEL NO. 4053-008-AO|-OOOOi 0.24 o* (opptox. 10,454 sq fr)ALLEY9oS Oekalb StPolt Orcho.d, WA 98366TAX PARCEL NO- 4053-O08-0t5-0004O.21 dffi (apprax. rc,a54 sq ft)l'=40'-O"rtt-821 Dekalb StPql Orcbord. llA 98366rAX PARCEL NO. 4053-OO7-O|O-OOO|O-29 ode (approx. 12632 sc ft)RIGHT OF WAYlE ocre (opptox. 7,A54 sq ft)oao!=oc.)kkllJ{>tr=q\"4r\.DEKALB ST
General
Parcel #: 4053-007-005-0008
824 KITSAP ST
PORT ORCHARD, WA 98366
llaxpayer Name
Malling Address
PHITLIPS J & HARMON DANA D
824 KITSAP ST
PORT ORCHARD, WA 98366
PartelNo. 4053-007-005-0008
Account lD 1508381
Site Address 824 KITSAP ST
PORT ORCHARD, WA 98366
Strtus Active
Property Class 111 - Single family residence
General
Parcel #: 4053-008-001-0000
906 KITSAP ST
PORT ORCHARD, WA 98365
Tlutpayer Name
Malling Address 906 KITSAP ST
PORT ORCHARD, WA 98366
ParrelNo. 4053-008-001-0000
Account lD 1508431
Sfte Address 906 KITSAP ST
PORT ORCHARD, WA 98356
StatG Active
Property Class 111 - Single family residence
HARMON GEMLDINE R