016-12 - Ordinance - Vacating Portion of City Right-of-WayCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201208230160
ordinance Rec Fee: $ 65.00 Page: 1 of 4
08/23/2012 02:03 PM
Walter Washington, Kitsap Co Auditor
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Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
August 14, 2012
Adopted:
August 14, 2012
ORDINANCE NO. o16-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD
VACATING A PORTION OF CITY RIGHT-OF-WAY LOCATED IN THE PLAT OF
POTTERY ADDITION TO SIDNEY
LEGAL DESCRIPTION: a portion of the Northwest Quarter of the Northeast
Quarter of Section 35, Township 24 North, Range 1 East, Willamette Meridian
A portion of platted alley between Block One and Block Two in the Plat of
Pottery Addition to Sidney per Plat recorded in Volume 1 at Page 68, Records of
Kitsap County, Washington more thoroughly described as follows:
Beginning at the southwest corner of Lot 5, Block 2 of said Plat; Thence West 10
feet to the center of alley between Block 1 and Block 2 of said Plat; Thence
South 22 feet, more or less, along the centerline of alley to an existing wooden
fence; Thence West 10 feet of the east margin of Lot 6, Block 1 of said Plat;
Thence North 64 feet, more or less, along the east margin of Block 1 to a point
which is 1 foot north of the northerly extent of an existing carport located
within the bounds of alley; Thence East 20 feet to the west margin of Block 2 of
said Plat; Thence South along the west margin of Block 2 of said Plat to the
Point of Beginning; Situate in the City of Port Orchard, Kitsap County,
Washington and containing approximately 1,o6o Square Feet, all as shown on
exhibit map which is attached hereto for illustrative purposes only.
Containing approximately i,o6o Square Feet
ADJACENT PARCEL NOS: 4046-o02-0o6-o107; 4046-o01-001-005; and 4046-
001-007-0108.
Ordinance No. o16-12
Page 2 of 3
WHEREAS, on June 5, 2012, the City of Port Orchard received a petition from Dara
Morgan, to vacate a portion of City right-of-way located in the Alley commonly known as Plat of
Pottery Addition to Sidney; and
WHEREAS, the petitioner constitutes more than two-thirds (2/3) of the owners of the
property abutting the area proposed for vacation pursuant to RCW 35.79•o1o; and
WHEREAS, the property sought to be vacated is approximately 1,o6o square feet; and
WHEREAS, pursuant to Resolution No.199o, the City Council Public Property Committee
and the City Engineer have reviewed the petition and recommend adoption; and
WHEREAS, petitioner has requested that proceedings be held for the vacation of said right-
of-way in the manner prescribed by Chapter 35.79 RCW; and
WHEREAS, at the July 10, 2012, meeting, the City Council set a public hearing on the
proposed vacation pursuant to RCW 35.79.010 for August 14, 2012; and
WHEREAS, the petitioners have paid the required application fees and the residential value
of the land of $5,300, to compensate the City in accordance with state law and local ordinance; and
WHEREAS, proper notice was posted in accordance with the requirements of RCW
35.79.020 in three public places and in a conspicuous place on the street sought to be vacated; and
WHEREAS, pursuant to RCW 35.79.03o a public hearing was held on August 14, 2012,
before the City Council; now, therefore,
THE COUNCIL CITY OF THE PORT ORCHARD, WASHINGTON, DO ORDAINAS
FOLLOWS:
SECTION i. Based on the testimony and documents presented at the public hearing, the City
Council finds as follows:
a. The property described above has been part of a dedicated public right-of-way
for twenty-five years or more.
b. No portion of the right-of-way abuts a body of water.
C. The property described above is not useful as part of the City road system and
the public will be benefited by vacation of the City's interest.
d. No land will be "locked" from access to public roadways by the vacation.
e. The vacation does not adversely affect utilities.
£ The enlarging of the adjacent property by virtue of the vacation does not create
potential or actual land uses that are inconsistent or conflict with city growth
plans and goals.
Ordinance No. o16-12
Page 3 of 3
g. The City has received the fullest monetary amount allowed by law.
SECTION 2. The property described in the above legal description and shown on the map
attached as Exhibit A, incorporated herein by reference, is hereby vacated upon satisfaction of the
conditions set forth in Section 3 below.
SECTION 3. This vacation shall not be effective until the owner of the property abutting
upon the alley so vacated pay the City the sum of $5,300, which amount is the residential value of the
land vacated.
SECTION 4. Pursuant to RCW 35.79.03o and POMC 12.o8.020, the City reserves and
retains a perpetual easement under, on, or over the above -described vacated land for the
construction, repair, and maintenance of existing or future public utilities and services located on the
land or a portion of the land to be vacated.
SECTION 5. The City Clerk is authorized and directed to record a certified copy of this
ordinance with the Kitsap County Auditor upon receipt of the compensation provided above.
SECTION 6. If any section, sentence, clause or phrase of this Ordinance should be held to
be invalid or unconstitutional 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 7. Effective Date. This Ordinance shall take effect five days after its publication.
A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State
law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of August 2012.
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Timothy C. Matt'es, Mayor
Sponsored by:
(-.)" &') - 4 � -" / - 6- '�- �
Carolyn Pow'rs, Councilmember
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