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006-09 - Resolution - Public Hearing on Petition to Vacate City Right-of-WayIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 006-09 City Clerk City Clerk City Clerk January 27, 2009 January 27, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FL"XING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF CITY RIGHT-OF-WAY OF THE 4300 BLOCK OF SIDNEY ROAD S.W. LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2 AND A PROTION OF THE SOUTHEAST QUARTER OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED IN EXHIBIT A INCORPORATED AND A1TACHED HEREIN. ADJACENT PARCEL NO: 022301-3-001-2009 LEGAL DESCRIPTION: A PORTION OF THE WEST HALF OF SECTION 2 AND A PORTION OF THE EAST HALF OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. MORE PARTICuLARLY DESCRIBED IN EXHIBIT B INCORPORATED AND ATTACHED HEREIN. ADJACENT PARCEL NOS: 022301-3-002-2008, 022301-3-026-2000 022301-3-003-2007, 022301-3-007-2003, and 022301-3-005-2005 WHEREAS, the petitioners, Mist Ventures, have submitted a petition to vacate a portion of City right-of-way located in the 4300 Block of Sidney Road S.W., which was annexed by the City on December 30, 2008, pursuant to Ordinance No. 048-08; and WHEREAS, the petitioners constitute more than two-thirds (2/3) of the owners of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the property sought to be vacated is approximately 46,085 square feet; and WHEREAS, pursuant to Resolution 1990, the City Council Public Property Committee and the City Engineer have reviewed the petition and recommend adoption; and Resolution No. 006-09 Page 2 of 2 WHEREAS, petitioners have requested that proceedings be had hereon for the vacation of said right-of-way in the manner prescribed by Chapter 35·79 RCW; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: A Public Hearing on a Petition to vacate a portion of City right-of-way located in the 4300 Block of Sidney Road S.W., as submitted by Mist Ventures, is hereby set for Tuesday, February 10, 2009, at 7:00 p.m. in the Robert G. Geiger Council Chambers, City Hall, 216 Prospect Street, Port Orchard, Washington. THAT: Public Notice shall be posted pursuant to RCW 35.79.020, and that individual notice shall be mailed to the owners of Parcel No. 022301-3-005-2005 pursuant to the records of the County. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such pass~~,~~~~~:=:;;tJ:t~,~!pa~oo9. ~/ _./ // /' ,/' ~~/ / Patricia J. KirkpatricK:, City Clerk 022301-3-001-2009 Exhibit A Resolution No. oo6-og ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., LYING WESTERLY OF STATE HIGHWAY 16, (l'ORMERLY NO 14) MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 321.75 TO THE TRUE POINT OF BEGINNING OF THE PROPERTY THEREIN DESCRIBED; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 321.75 FEET; THENCE EAST TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE TO A POINT THAT IS EAST FROM THE TRUE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN THE GRADE INTERSECTION; EXCEPT THAT PORTION LYING SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF SIDNEY ROAD AS CONVEYED IN DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 336182; AND EXCEPT THE WEST 6o FEET THEREOF AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 639858; SITUATE IN KITSAP COUNTY, WASHINGTON. 022301-3-002-2008 Exhibit B Resolution No. 006-09 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 321.75 FEET; THENCE EAST TO COUNTY ROAD; THENCE SOUTHERLY ALONG COUNTRY ROAD TO SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE WEST TO POINT OF BEGINNING; EXCEPT PORTION LYING EAST 01' THE NEW COUNTY ROAD (SIDNEY ROAD); AND EXCEPT PORTION CONVEYED TO STATE OF WASHINGTON FOR STATE HIGHWAY NO. 14, UNDER AUDITOR'S FILE NO. 627603; AND EXCEPT COUNTY ROAD; ALSO EXCEPTING THEREF'ROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THAT RIGHT OF WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID RIGHT OF WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A 14 40+20-40 ON SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE S53*52'50 E 93.00 FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY ROAD); THENCE SOUTHWESTERLY, ALONG SAID COUNfY ROAD, TO INTERSECT SAID RIGHT OF WAY LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON. 022301-3-026-2000 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THE RIGHT OF WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID RIGHT OF WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A14 40+20.40 ON SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 53*52'50 EAST 93.00 FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY ROAD); THENCE SOUTHWESTERLY, ALONG SAID COUNTY ROAD, TO INTERSECT SAID RIGHT OF WAY LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON. 022301-3-003-2007 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF SIDNEY ROAD, AS DISCLOSED IN VOL 257, PAGE 366 OF DEEDS, WHERE SAID EASTERLY MARGIN OF SIDNEY ROAD INTERSECT THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST TO THE WESTERLY MARGIN OF STATE HIGHWAY 16 (FORMERLY PRIMARY STATE HIGHWAY NO. 14); THENCE NORTHWESTERLY ALONG SAID MARGIN TO THE EASTERLY MARGIN OF SIDNEY ROAD; THENCE SOUTHWESTERLY ALONG SAID EASTERLY MARGIN TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. Page 1 of 2 022301-3-007-2003 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST 650 FEET; THENCE SOUTH 374 FEET; THENCE WEST 350 FEET; THENCE NORTH 344 FEET; THENCE WEST 300 FEET; THENCE NORTH 30 FEET TO THE POINT OF BEGINNING; EXCEPT COUNIY ROAD; AND EXCEPT THAT PORTION THEREOF LYING WITHIN STATE HIGHWAY NO. 14; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 634702 AND 635817; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. 022301-3-005-2005 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 50 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; RUNNING THENCE EAST 215 FEET; THENCE SOUTH 320 FEET; THENCE WEST 265 FEET; THENCE NORTHEASTERLY 323 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS. 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