007-23 - Ordinance - Mystery Lane Street VacationDocuSign Envelope ID: B3ADB88B-5E81-418F-8E3B-4F2B5693B1DB
ORDINANCE NO. 007-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
VACATING A PORTION OF HARRISON AVENUE, UNOPENED CITY RIGHT-
OF-WAY AN ALLEY COMMONLY KNOWN AS MYSTERY LANE AND THE
WESTERLY PORTION OF HARRISON AVENUE IN PORT ORCHARD,
WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, associated petitions to vacate City right-of-way (ROW), an alley
commonly known as Mystery Lane and the westerly portion of Harrison Avenue, was
submitted to the City by William C. and Virginia Anderson, owners of 812 Mystery Lane
Street, Kitsap County Tax Parcel No. 4060-008-022-0105 and Macailla Barden, owner of
1145 Sidney Avenue, Kitsap County Tax Parcel No. 352401-1-004-2000 ("Petitioners");
and
WHEREAS, the Petitioners sought signatures to join the petition by adjoining
property owners, which collectively 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, on March 14, 2023, the City Council adopted Resolution No. 025-23,
fixing April 11, 2023, 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 of the pending street vacation
petition and public hearing thereon as required by law (POMC Section 12.08.020(1) and
RCW 35.79); and
WHEREAS, staff reviewed the petition and, in light of the provisions of POMC
chapter 12.08.060, determined this proposed street vacation is not subject to the 1889-
1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of
the original creation of the City boundaries in 1890; and
WHEREAS, the City Council held a public hearing on April 11, 2023, on the
proposed street vacation; now, therefore,
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), staff has
determined the area proposed for vacation has not been vacated by lapse of time under
the non -user statute.
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Ordinance No. 007-23
Page 2 of 3
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 April 11, 2023. 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 April 11. 2023.
Section S. 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, if
any, and considering the staff report and all other relevant facts, the City Council finds
as follows:
a. The area sought to be vacated was added to the City by the Town Council, on
April 6, 1891. To date the City has not opened the ROW.
b. The area sought to be vacated is not needed for public travel now or in the
foreseeable future.
c. The functionality of the area sought to be vacated for public purposes is
nonexistent.
d. The vacation of the area would not adversely affect any City utilities, such as
water, sewer, or storm.
e. The City has not included any projects within the proposed vacation area as part
of its six -year road plan, nor has the City any scheduled capital facilities projects
on this property.
f. Vacation of the proposed area does not create potential or actual land uses that
are inconsistent with City growth plans and goals. This area has not been
identified in the City's Comprehensive Plan.
Section 7. City Council Conclusions. The City Council has determined that
the area proposed for vacation may be vacated and hereby approves the street vacation
petition.
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, upon receipt by the City of
compensation from property owners adjacent to the area to be vacated in an amount
equal to the full appraised value of the area so vacated.
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Ordinance No. 007-23
Page 3 of 3
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.
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 9th day of May
2023.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
�Do�cuSSignn�edd by:
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Charlotte Archer, City Attorney
PUBLISHED: May 12, 2023
EFFECTIVE DATE: May 17, 2023
DocuSigned by:
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Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember