009-22 - Resolution - Setting Public Hearing for Bay Street VacationRESOLUTION NO. 009-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY
STREET, OPENED CITY RIGHT-OF-WAY.
WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to
vacate opened City right-of-way, a portion of Bay Street; and
WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel
No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right-
of-way proposed for vacation; 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 200 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK
34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME
1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY,
WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET
OF NORTH BAY STREET ADJOINING THEREOF;
ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND
ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD
TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34,
ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON.
WHEREAS, the street vacation is requested to reflect existing structures in the opened
right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Resolution No. 009-22
Page 2 of 8
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: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, February 8, 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 111h day of January 2022.
ATTEST:
Brandy Rinearson, MMC, City Clerk
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Robert Putaansuu, Mayor
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Exhibit A to Resolution 009-22
City of Port Orchard
City Clerk's Office y N
1 ' t 216 Prospect Street, Port Orchard, WA 98366 { "
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us `tea
www.cityofportorchard.us CIJY
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PETITION TO VACATE CITY RIGHT-OF-WAY
APPLICATION
(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):_ _ Walter and Roberta Huth, Trustees
Mailing Address: 5 4 2 '� Street Oakland CA _ 94609 _
Street City State Zip
Contact Information:. 707 889-3453 huthrobe_ rta@temail.com_
Phone Email
Address of Requested Vacation: 1811)
Street or nearest cross street
Parcel Number of Requested Vacation: 4027-034-003-0007
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.
SEE ATTACHED
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: to clear the encroachment
that is in the city right-of-way.
Page 1 of 3
Vacation of City Right -of -Way Application
3. 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.
v l J�\ TJ�I } > > ol~ - 4u Tt1 Te-Us1- _
Signature of Applicant Date
a T c _ 4— L.
Signature of Applicant Date
12-13--Z1
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).
I 7,1r1,V.CLERK'S OFFICE USE ONLY 4
$120 Vacation Fee Received , Yes No Receipt No.:
$500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes — No Receipt No.:. _
Support For Vacation Petition By Abutting Property Owners form(s) Received �T 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
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City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(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.
Property Owner Seeking Vacation (Petitioner):
First and Last Name
Contact Information: _
Phone Email
Street or Nearest Cross Street of Requested Vacation:
Parcel Number of Requested Vacation:
Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have
an ownership interest must sign this document. This includes co -owners) 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.
First and Last Name (Printed) of Property Owner/Corporate Officer
Managing Member No. 1
Name of Corporation (if applicable)
(Signature and/or Title)
First and Last Name (Printed) of Property Owner/Corpora ff i er - Name of Corporation (if applicable)
Managing Member No. 2
(Signature and/or Title)
Property Address
Mailing Address:
Street
Contact Information
Phone
Tax Parcel Number
City State Zip
Email
Page 3 of 3
Vacation of City Right -of -Way Application
EXHIBIT _
PARCEL NO. 4027-034-003-0007
RIGHT OF WAY VACATION
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE
NORTHEASTERLY MARGIN OF BAY STREET;
THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 29 ° 49' 40" WEST, 11.00 FEET, -
THENCE NORTH 60° 10' 20" WEST, 18.20 FEET,•
THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN,
THENCE SOUTH 60° 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 200 SQUARE FEET, MORE OR LESS.
PARCEL "A":
(PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021)
THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON;
TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF;
ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW
PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.
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20-ROW-VACATION,DOCX Page 1 of 1
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GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M.
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