002-22 - Ordinance - Vacating Portion of Depot StreetCITY OF PORT ORCHARD 202201140036
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01/14/2022 10:11 AM Page: 1 of 6
Name and Mailing Address Pau i Andrews, Kit
sap co Auditor
City of Port Orchard -Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
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Document Tltle(s); Ordinance No. 002-22 Vacating Portion of Depot
Street, Unopened City Right -of -Way
Auditor's File Number of Document (s) Referenced:
Grantor(s) person(s) that conveys, sells or grants interest in property:
City of Port Orchard
Grantee(s) person that buys, receives or to whom conveyance of property is made:
Smith, Stanley and Vasquez -Smith, Alice of ISB Holdings, LLC
Abbreviated Legal Description:
• Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR
• Plat/Condo Name, lot or unit number, building or block number; OR
• Short Plat, Large Lot number, lot number and auditor file number
Portion of Government Lot 2 (NW 1/4) Section 25, Township
24 North, Range 1 East, W.M.
Assessor's 14 digit Tax Parcel Number:
4027-002-001-0006 and 4027-003-008-0403
04/25/14
ORDINANCE NO. 002-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF DEPOT STREET, UNOPENED CITY RIGHT-OF-
WAY IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE
CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, a petition for vacation of a portion of Depot Street was submitted to
the City by Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC ("Petitioners");
and
WHEREAS, the Petitioners owns fifty percent of the property abutting the
proposed vacation area, and Stanley Smith and Alice Vasquez -Smith of ASD Sound
Investments, LLC are the other abutting property owners on the petition. The adjacent
property owners, along with the Petitioners, represent the owners of more than two
thirds of the abutting property, and all have signed and are in support of the petition;
and
WHEREAS, the City Council supports the Land Use Committee's recommendation
to vacate the right-of-way; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 083-
21, fixing January 11, 2022, as the date for a public hearing on the street vacation
petition, which is not more than 60 days or less than 20 days after passage of the
Resolution (POMC Section 12.08.010(3) and RCW 35.79); and
WHEREAS, the City Clerk provided public notice and posting of the pending
street vacation petition of the public hearing as required by law (POMC Section
12.08.020(1) and RCW 35.79); and
WHEREAS, the City Council held a public hearing on January 11, 2022, on the
proposed street vacation; and
WHEREAS, staff determined the requested vacated area was platted prior to the
incorporation of the City in October of 1890, and remained in Kitsap County's
jurisdiction until annexed on October 10, 1960; and
WHEREAS, staff reviewed the petition and, in light of the provisions in POMC
chapter 12.08.060 determined this proposed street vacation is subject to the 1889-1890
Laws of Washington, Chapter 19, Section 32 (the nonuser statue) and is vacated by lapse
of time; now, therefore,
Ordinance No. 002-22
Page 2 of 3
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Non -user Statute. Under POMC Section 12.08.060(5), if the City
Council determines that the area proposed for vacation has been vacated by lapse of
time under the non -user statute, it shall approve the vacation ordinance.
Section 2. Public Notice. The City Council finds that the City Clerk provided
at least 20 days' and not more than 60 days' notice of the pendency of the street
vacation petition and the public hearing thereon, as required by POMC Section
12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to
be vacated.
Section 3. Staff Report. Staff has prepared a report and recommendation on
the proposed vacation, which is dated January 11, 2022. A copy of this report was
available to the public prior to the public hearing.
Section 4. Public Hearing. The public hearing was held on the petition for
street vacation on January 11, 2022.
Section 5. Testimony at Public Hearing. The Public Hearing was held and no
one from the public commented on this street vacation
Section 6. City Council Findings. After hearing the testimony of the public
and considering the staff report and all other relevant facts, the City Council finds as
follows:
a. The plat document provided shows the area platted, and
b. City Ordinance No. 675 provided proof the area remained in the County
longer than 5 years as required by RCW 36.87.090.
Section 7. City Council Conclusions. The City Council determines the area
proposed for vacation has been vacated by lapse of time under the non -user statute,
and that the City has no legal interest in this area, and therefore shall approve the
vacation ordinance.
Section 8. Compensation and Recording. A certified copy of this Ordinance
vacating the proposed area shall be recorded by the City Clerk with the Kitsap County
Auditor's office, as required by RCW 35.79.030.
Section 9. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional or unlawful by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Ordinance No. 002-22
Page 3 of 3
Section 10. Publication. This Ordinance shall be published by an approved
summary consisting of the title.
Section 11. Effective Date. This Ordinance shall take effect and be in full force
and effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 111h day of January
2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte Archer, City Attorney
PUBLISHED: January 14, 2022
EFFECTIVE DATE: January 19, 2022
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Scott Diener, Councilmember
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Exhibit A
Page 1 of 2
Legal Description of Road to be Vacated
Gov't Lot 2 (NW %) 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.
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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'
Ln VACATED PER COMMISSIONER'S JOURNAL PORTION TO
VOLUME 4, PAGE 18 BE VACATED
100'
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DEPOT STREET
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VACATED PER COMMISSIONER'S JOURNAL in Q
VOLUME 4, PAGE 18
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+�� 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