067-21 - Resolution - Larsen Street Vacation Public HearingRESOLUTTON NO. O67-2t
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 DEKALB STREET.
WHEREAS, the petitioners, Noel and Dena Larsen, 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 at 821 Deklab Street, Kitsap County Tax Parcel
No. 4053-007-010-001, 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 905 Dekalb Street,
Kitsap County Tax Parcel No. 4053-008-015-0004, located directly to the east of the portion of
unopened 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 7,854 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
BEGINNING AT the southeost corner of Lot 70, Block 7, Plot of First
Addition to Sidney recorded in Book 7, ot Page 10 of Plats, Kitsap
County, Washington; Thence Eost to the southwest corner of Lot
16 of Block 8 of said plot; Thence north to the northwest corner of
Lot 75 of Block 8 of soid plot; Thence West to the northeast corner
of Lot 6 of Block 7 of said plot; Thence South to the Point of
Beginning.
WHEREAS, the street vacation is requested to reflect existing structures in the
unopened right of way, including fencing, and so that the petitioners will maintain this
greenbelt as private property; now, therefore,
Resolution No. 067-21
Page 2 ol 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLTOWS:
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 26,202L, 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: The Resolution shall take full force and effect upon passage and signatures
hereon.
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 2O2L.
Robert Putaansuu, Mayor
ATTEST:
Brandy R nearson, MMC, City Clerk
.$$:t:riW::SEALi=
?",#,mtlfr*uF
City of Poft Orchard
City Clerk's Office
216P
(360)
www,
Property Owne/s Noel and Dena Larsen
MailingAddress: 821 Dokalb 51, Port Orchard, WA 98366 -Street City State ZIP
Contact Informatlon: 360-731-2119 . noel,larsgn@qmail.com
Phone Email
Street or nearest cross street
Parcel Number of Requested Vacation: Unopened Right of Wav between oarcels 4053:007.010-0001 and
4053-008-01 5-0004
1, The underslgned, owners of more than two-thlrds of the real property abutting upon that
publlc 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):
Legol description oI the requested right-of-way prepared by d licensed surueyor:
SeeAttached n'g-'>lS Vus-e-tr'flr1 :S f 1^
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 petltion shall be heard and
determined by that authority, which tlme shall not be more than siny (50) days nor less than
twenty (20) days after passage of such Resolution (RCW 35.79.010)
2. What is the proposed use of the vacated Vacated rio to be solit 50/50
bv adiacent homeowners and incorporated into and maintained as side yards ol exislinq homes.
Page 1 of 3
Street Vacatlon Applicatlonflevlred 7/7/19
3.Please provide 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
I declare under penalty of perjury and the laws of the State of Washington that l/We are the
true and correct owner(s) of the property seeking a street vacatlon.
The tnlormagon on thls lorm Is consldercd a publlc rccord ond ls sublect to
publlc dlsclosure lays in Chopter 42,56 RCW.
+{al
".DLtof Appllcant Date
202
Signature of Appllcant
When submifttnE thts applicatton, ptease moke sure the foltowing rcqulrements and
docu me nts a re comPlete d :
e Neighboring petltlon signed by the owners of more than two-thirds of the property abuttlng
upon the part of such street or alley sought to be vacated;
r New legal descriptlon to include the requested right-of-way;
. Documentation supportlng the fair market value of the street or alley sought to be vacated, lf
appllcable;r Documentation supporting the Non-User Statue applies, if applicable
r Dimenslons of area proposed to be vacated;
o Map of the proposed right-of-way to be vacated outllned or highliShted;
o Application processing fee of 5120; and
. SS0O appralsal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
r
FOR CITY CLERK'S OFFICE USE ONLY
Sl2OStreetVacation FeeReceived Yes
-No
Receipt
$SOO Street Vacation Appraisal Fee (Refundable Deposit)-Yes
-
No Receipt
Petltlons Received from Adjacent Property Owners
-Yes -
No
Publlc Hearlng Date:
Nottces Posted by:
-
Date of NoticinS:
-
Approved bythe Council Yes No
Date
Page 2 of 3
Street Vacation APPlicationnefted 1/7/19
Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW
Between Dekalb Street and Kitsap Street
Su m mary:
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).
City of Port Orchard
City Clerk's Office
215 Prospect Street, Port Orchard, WA 98356
(350) 875-4407 o FAX (350) 895-9029 r cityhall@cltyofportorchard.us
www.cityof porto rcha rd. us
STREET VACATION
PETITION TO NEIGHBORING PROPERTY OWNERS
The Inlormotlon on thls form ls consldercd o publlc ncord ond ls subtect to
publlc dlsclosurc lqws In ChoPtet 12,56 nCW,
Property Owner Seeking Vacation Noel and Dena Larsen
First and Last Name
Contact lnformation: 360-731-2119 noel.larsen@omail.com
Phone Email
Street or Nearest Cross Street of Requested Vacatlon: Harrlson Ave arld Deltalb St
Parcel Number of Requested Vacation: Unopened Right of Wav -
Signatures of neighboring property owners (Note: all persons who have an ownerchip interest must tim
the petltlon. Thls includes co-owner(sl andlor spouse.
Kymberly Phillips
Home Owner$le. l-First and Last Name (printed)-\,V.. {.'t - - --*
(Signature)
Home Owner No, 2-First and Last Name (printed)
(Signature)
905 Dekalb St, Port Orchard, WA 98366 4053-008-01 5-0004
Property Address Tax Parcel Number
MallingAddress: 905 Dekalb $t, Port Orchard, WA 98366Street CltY State ZiP
Contact tnformation: 253-678-2739 kymberlyp6T@yahoo.com
Revlsed 1/7/19
Phone Emdl
Page 3 of 3
Street Vacation ApPlication
Road vacation S1
BEGINNING AT the southeast corner of Lot L0, 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 16 of Block 8 of said plat;
Thence north to the northwest corner of Lot 15 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 f2
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 plat;
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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KITSAP Wcrreffi66.0ORIGHT OF WAY18 aq€ (opprcx. 7920 sC lt)66.00RGHT OF WAY.18 ocrc (approx. 7,854 sq ft)SITE PLAN1'=40'-0"824 Kitsap 5lPorl Orchard. WA 9A366IAX PARCTL NO.4053-OO7-005-OOAE,17 ocre (opprox, 7,405 sq ft)6 905 Kr'lsp Sta Porl Orchord, llA 98J66& TAX PARCEL NA. 4O5J-OOE-001-OOOO' O.24 ocre (opp(ax- 10,454 sq ft)ALLEY821 Dekolb StP6l Orchord, WA 94 6rAx PARCEL NO. 4053-OO7-O10-AOO1a.29 dc.e (opprcx- 12,632 sq ft)ALLEY9O5 D*olh SlP6t Otchord, WA C8J66rAX PARCEL NO. 4A53-AO8-O|5-OOO40.24 oe (apprcx, lo,45a sq ft)8kt6at=ocr)kKU{>\{\.4r\-DEKALB ST
@*OLD TOIVNE REALIY
BROKERS PRICE OPIMON
RE:Vacating Harrison Ave.
Kitsap St. to DeKalb Sheet
Port Orchard, WA,
Criteria: Specific analysis and value athition is given to the current community need and/ormunicipal use or development of the ROw property since November, l8gg. Similar sizeproperty(ies) pending and/or closed sales over the previous !2-month period within a 2-mile radiusof subject property that are inside the crty limits of Port Orohard. There are only 3 properties thatmeetthis criterion.
Subject Properties: Noel Larsen & Dena
851 Dekalb St.
Phillips Kymberly A.
905 Dekalb St.
ADDRESS
Pendlng Feasibility
1667 SE Crawford Rd
Sold:
3752 SE Rhapsody Dr
0000 Dekalb
Phillip & Dana Hamron
824 Kitsap St.
Geraldine R. Harmon
906 Kitsap St.
PRICE CDOM SERVICES SFPRICE
$67,000 245 No Sewer $13.9S
$65,000
$91,500
No sewer
Full Service
October 29,2021
$ 6.34
$12.20
I
69
Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the cityhas never been inclined to use or develop the property as a public dght of way since the originalplat date of Novembex 1888. Additionally, Harrison Ave between Bay Street and prospect Alley
and Prospect Alley to Kitsap St has previously been vacated.
The topography ofthe subject Harrison Ave. property, al$o, presents steep incline challenges
that preclude the right of way property being developed into a usable right of way.
Value: Primarily the deficiencies of the subject properties as use as rigftt 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 $4,000 for vacating and transfening
ownership of the Harrison Ave. right of way from Kitsap St. to DeKatb St. to tnr frt"a owner'
above.
Respectfully Submitted,
Donn
Designated Broker / Principal
Page 1 of I
Vacant land Thumbnait
1557 SE Grawlord Rd, port Orchard, WA 9g966Mrs#: rcr7505 status: pF stat Dti o2127t202r L prrce: s6?roooArea: l4i Lor #: O prtcer iit;OOOplslze: .tt0rc,l4,r92xt prltotSF: +1e.9C toO$, iei' --
Sub Prop: Vtcant l."ard Office: ientr,t 2t l{orthwcstStyle; 4O - Res.Lecs t{rn I Ac Broker: Car"ie lJium -
Commty: Souttr llltcaptot Dtls: Btrd Ed !$rrct, Favsd StrcctR6c€nt: 02/27lzA2I: pinding :A->pr
37_5-2 SE Rhapgody Dr, pon Oruhard,MLS#r IG,3A44Z Statusr SArea: l,l3 Lot #: 2llot Size: .2tO aclrQ89o rf
Sub Prop; Vacrnt LrndStyle: {O - Rcr-Lecc thn t AcCommty: Fort OrchardPmJect: llelody VtllageZoneClass: RorldcntielLot Dtls: Cul-dq-sac, pw€d Strest
WA 98366 S Price:
Stat Dt: O9l22l2OZO L p.lc€;
O Prlce:
+69'000
l6510OO
+65,00OIPrllot SF: f6.3{ CDOM:ffice: tohn L Scott, Inc.Broker: DeborahEonneville
D,eKalb St Port Orchatd, WA 98866 s prtce: *Bg,oooMlS#: 1t514r2 stEhrs: 9 stat Dt: o6togl2o2o L prlcer tgl;gloArea: l,lit Lot #: O pricei lglrggoLot Slze: .160 eclorgto sf prltot SF! 112.20 CDOMi 69sub Prop: Vacant l"rnd Ofice: G Andcl.son Group LLc!tle; 40 - Rer-Lecs ttn I Ac Broker: CarV AnaefsonCommtyr Poil Onsh.FdZone Class: Bu6lnGt+ HulH-Fam[y, Recldsnuallot t]tls: Alley, Pawd Stnet
Informatlon Deemed Rellable But C8nnot Be Guaranteed, Lot Slze and Square Footage Are Esumat€s. 3ltZlZOZL3:37t56 pM.
General
Parcel #: 4053-007-010-0001
821 DEKALB ST
PORT ORCHARD, WA 98366
Taxpayer Name
Malllng Address 821 DEKALB ST
PORT ORCHARD, WA 98366
PartelNo. 4053-007-010-0001
Account lD 1508423
Slte Address 821 DEKALB ST
PORT ORCHARD, WA 98366
Status Actlve
Property Class 111 - Single family residence
I.ARSEN NOEL & DENAJTROWS
General
Parcel #: 4053-008-01 5-0004
905 DEKALB ST
PORT ORCHARq WA 98366
Taxpayer Name
Malling Address
PHILLIPS KYMBERLYA
905 DEIGLB ST
PORT ORCHARD, WA 98366
ParcelNo. 4053-008-015-0004
Account lD 1508563
Slte Address 905 DEKALB ST
PORT ORCHARD, WA 98366
Status Astive
Property Class 111 - Single family residence