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083-21 - Resolution - Public Hearing on Petition to Vacate Portion of Depot StreetRESOLUTION NO. 083-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 082-21 AND SETTING A JANUARY 11, 2022 FOR A PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT-OF-WAY, THE NORTHEAST PORTION OF UNOPENED DEPOT STREET WHEREAS, on November 23, 2021, the City Council adopted Resolution 082-21, setting the date and time of a hearing on the petition to vacate a portion of the City's right-of-way, Depot Street; and WHEREAS, when preparing the required public notices of the hearing, it was discovered that, due to a calculation error, there was an insufficient amount of time for staff to prepare the noticing and posting to meet the requirements of the Port Orchard Municipal Code, which requires public notice of the hearing no less than 20 days in advance of the hearing; and WHEREAS, by this Resolution Council would repeal Resolution No. 082-21, in its entirety and set a new public hearing date for the petition to vacate; and WHEREAS, the petitioners, Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC, submitted a petition to vacate a portion of unopened City right-of-way, a portion of Depot Street; and WHEREAS, the petitioners own the parcel at 1636 Bay Street, Kitsap County Tax Parcel No. 4027-002-001-0006, located directly to the northeast of the proposed portion of unopened right-of-way proposed for vacation, and are joined by the owner of the parcel at 1626 Bay Street, Kitsap County Tax Parcel No. 4027-003-008-0403, located directly to the northwest 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 2,000 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: Resolution No.Qt3a 1 Page 2 of 11 Government Lot 2 (NW %) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington WHEREAS, the street vacation is requested to reflect existing structures in the unopened right of way, so that the petitioners will maintain as private property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It 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: Resolution No. 082-21 is hereby repealed in its entirety. THAT: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, January 11, 2022, 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 14th day of December 2021. Robert Putaansuu, Mayor Illiitl1111111�1 ATTEST: Brandy inearson, MMC, City Clerk r ; City of Port Orchard :•:.st: ,i,: �•• City Clerk's Office kk ",� ■� 216 Prospect Street, Port Orchard, WA 98366 �,.r• �* a p 2 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.uS www.cityofportorchard.us a % ?L':,! PETITION TO VACATE CITY RIG HT-OF-WRLTyC ERKSpRCFRARD APPLICATION i��r;lCF (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW- Property Owner's Name(s): Mailing Address: Street City JJ State Zip Contact Information: S /1,rr rz I� c a�G�.L:�c c 11a._c �+`Y► Phone Email Address of Requested Vacation: 16 36, lYd y -s -�rL- , �- - street Lorr nearest cross street Parcel Number of Requested Vacation: l G� �� ���G 1. The undersigned, owner of real property abutting upon that public street/alley described below, does 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 prepared by a licensed surveyor: Szc ciorcl.zo,1 all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests 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 (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way:�4dd -L rz?.x ° .JV Page 1 of 3 Vacation of City Right -of -Way Application 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/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. 41 Slanatde of Appllr nt Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted; • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; Application processing fee of $120; and $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). iFOiW'ITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received VYes No Receipt No- $500 Vacation Appraisal Fee (Refundable Deposit) Received Yes _ No eceipt No.: Support for Vacation Petition By Abutting Property Owners form(s) Received Yes _ No Public Hearing Date: Notices Posted by: Date of Noticing: Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application i City of Port Orchard �.k., City Clerk's Office ;`mil} 216 Prospect Street, Port Orchard, WA 98366 'ii#. �•+ (� �"'T• (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document Is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. -T56 /�, /,[,. _}, 4 -, Property Owner Seeking Vacation (Petitioner): First and Last Name Contact information'(-3,6�,U) Z i� ! 5 qc4 S 4n a l++c c 6�d tkj ar/e. C-� vet Phone Email n Street or Nearest Cross Street of Requested Vacation:► 5 Parcel Number of Requested Vacation: /0 Z ;? --00 Z — C3y / --0 oQ �,; Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest mu.•jn this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an Increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. s4a,..le v Ste; /Z First and LastfName (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 - (Signatu(and/or Title) First and Last Name (PrHied) of Property Owner/Corporate officer Name of Corporation (if applicable) Managing Member No, 2 (Signature and/or Title) Property Address Tax Parcel Number Malling Address: 1116 , dcc,< ( 7 1 ,?WV c. �E'1 �E'� � W a,4' 3 s_'� Street City State Zip Contact informationLZO 7( Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Exhibit A Page 1 of 2 Legal Description of Road to be Vacated Gov't Lot 2 (NW A) of Sec. 25, T. 24 N, R. 1 E, W.M. Vacation of Depot Street Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64 and 64, in Kitsap County. Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912. Contains 2,000 square feet. ��,Aito 4s WAS" � r L.011 Written by Checked by ibs legal. docx Page t of 1 Exhibit A Page 2 of 2 Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington 100' r, VACATED PER COMMISSIONER'S JOURNAL PORTION TO VOLUME 4, PAGE 18 1 BE VACATED / DEPOT STREET 10{! Li VACATED PER COMMISSIONER'S JOURNAL ;� Q VOLUME 4, PAGE 18 100' lY W n 9 0 41o 0 0 Ln to A N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360)895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 JOB NO.: 11808 Identify Results ..1 Taxpayer ASO SOUND INVESTMENTS LLC Account N. 4027-003.008-0403 Accouns TO 24160t4 Site hd Brass 1626 BAY ST PORT ORCHARD VIA 98366 Flail Address PO BOX 69 MANCHESTER WA 98353 0069 Tax 5tatemar, Photos & Sketches 7r Re .e LLi9flil Tax & Levy Assessments I.— a tec Ft.o• Building & Im Dr.tements Recei P<s Val- L T. M:tta:i SDh:s & Merges V011na D—'cts Sales H-0'o DCD Perm itInf. Bay 51 1.7 1 / Idern.fy Recu Taxpayer ISS HOLDINGS LLC AcI.— NO 4027-002.001.0006 Accent l0 1501246 Site Address 1639 EA, ET PORT ORCHARD 1'A 98366 Flail Address PD BOX 69 MANCHESTER WA' 98353 T., 5.a en[ Ohntot L LLHMes Parcel Details 71. L ler Ass Land & Location fu�c�.P Imuroaa Receio,, Yt ue 6 Tar i':a sort Splits & Merges Y6!f•t Dlstll[t+ .Saar N'OV, 9C0 Pe_4d hl. BAY S1 `P 3•M,iJ 1,7, 3UU7 r S� L•4U!: U37 :}J S 1 s �. 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