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HomeMy WebLinkAbout1686 - Ordinance - Vacation-Childress-Melcher DeniedDENIED PER COUNCIL ACTION ON MARCH 23, 1998 ORDINANCE NO. 1686 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON VACATING A PORTION OF AN UNNAMED ALLEY SOUTH OF MELCHER AVENUE BETWEEN SHERMAN AVENUE AND HOWARD AVENUE, CHUCK CHILDRESS, PETITIONER. WHEREAS, a Public Hearing on a Petition to Vacate a portion an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue, further described as follows, was held Monday July 28, 1997 at 7:30 PM in the City Council Chambers, City Hall, 216 Prospect Street, Port Orchard, Washington in accordance with RCW 35.79.035, and WHEREAS, the City Council did approve the Petition to Vacate a portion an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue, as presented by Chuck Childress, Petitioner, and WHEREAS, the petitioner has agreed to grant an easement to the city in lieu of monetary compensation, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: THAT a portion of an unnamed alley south of Melcher Avenue between Sherman Avenue and Howard Avenue is vacated as requested in Petition to Vacate as submitted by Chuck Childress, Petitioner, conditioned upon the petitioner complying, to the City's satisfaction, with the following conditions of approval: 1. The Petitioner agrees to grant an easement to the City providing an access road to city sewer lines that are situated on the petitioner's private property. The City agrees that this easement will serve as compensation in lieu of the customary monetary payment for the public property being vacated. The Petitioner shall provide to the City all documents including the legal description necessary for final approval and recording of the easement by the City. 2. Upon execution and recording of the vacation of public right of way as legally described in Attachment 'W', the City agrees to allow use of a Ordinance No. 1686 Page 2 of 3 portion the public right of way known as Howard Avenue as shown on the Plat of Sidney Villa Addition to Sidney lying between Block 2 and Block 3 of said Plat and bounded on the north by Melcher Street and on the south by an easterly extension of the south line of Lot 16, Block 2, except the portion lying within Port Orchard Boulevard for access to his properties subject to the following: a. Building code setbacks be waived from 15' to 5' for petitioners properties which abut the public right-of-way on Howard Avenue described above; and b. The Petitioner will, at a minimum, develop the above described portion of Howard Avenue right of way in compliance with road standards (alley) as set forth in Resolution No. 1767A. Specifications for development of this access road shall also be subject to approval by the Fire Department for public safety access and by the City Engineer to maintain the green belt screening along Port Orchard Boulevard. LEGAL DESCRIPTION: ATTACHMENT "A" 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 _ day of 1998. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: City Attorney LESLIE J. WEATHERILL, MAYOR Sponsored by: Councilman Clauson Ordinance No. 1686 Page 3 of 3 ATTACHMENT "A" LEGAL DESCRIPTION: that portion of the alley as shown on the face of the Plat of Sidney Villa Addition to Sidney as per Plat recorded in Volume 2 of Plats page 46 records of Kitsap County between lots 1 thru 14, Block 1 of said Plat and Lots 1 thru 14 of Block 2 of said Plat.