017-10 - Ordinance - Vacating Final Short Plat of Kenmore CourtIntroduced by: Planning Director
Requested by:
Planning Director
Drafted by:
Planning Director
Introduced:
August 24, 2010
Adopted:
August 24, 2010
ORDINANCE NO. 017-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, VACATING THE FINAL SHORT PLAT OF
KENMORE COURT AT MCCORMICK WOODS, KITSAP COUNTY
SHORT PLAT NUMBER 7297 KITSAP COUNTY RECORDING
NUMBER 2007091100170
WHEREAS, the applicant, GEM 1, LLC and the McCormick Woods Owners
Association, is the owner of real property described in Exhibit A, attached hereto and
incorporated by this reference ("applicant's property"); and
WHEREAS, the applicant's property was approved by Kitsap County for a short
plat Number 7297 named "Kenmore Court at McCormick Woods," Kitsap County
Recording Number 2007091100170, as described in Exhibit B, attached hereto and
incorporated by this reference ("Kenmore Court at McCormick Woods Short Plat"); and
WHEREAS, the applicant desires to vacate the Kenmore Court at McCormick
Woods Short Plat; and
WHEREAS, signatures have been provided of all real property owners having
an ownership interest in the Kenmore Court at McCormick Woods Short Plat; and
WHEREAS, the applicant has agreed to terminate or alter relevant covenants, if
any, to accomplish the purpose of the vacation of the Kenmore Court at McCormick
Woods Short Plat; and
WHEREAS, no public street or road vacations are proposed as part of the
vacation of the Kenmore Court at McCormick Woods Short Plat; and
WHEREAS, the Council of the City of Port Orchard held a properly noticed
public hearing on August 24th, 2010 and considered testimony; and
WHEREAS, the Kenmore Court at McCormick Woods Short Plat remains
subject to the underlying Kitsap County preliminary planned unit development approval
and master plan approval No. 850926580; and
WHEREAS, the City Council finds that the vacation of the Kenmore Court at
McCormick Woods Short Plat is consistent with RCW 58.17.212; and
Ordinance No. oil-io
Page 2 of 6
WHEREAS, City Council finds that the vacation of the Kenmore Court at
McCormick Woods Short Plat will benefit the public use and interest because it is
intended to stimulate the local housing market by providing an opportunity to construct
new homes that are marketable in today's economy; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. After consideration of the public testimony and the City staffs
report, and based on the findings set forth above, the short plat of Kenmore Court at
McCormick Woods, Kitsap County short plat number 7297, Kitsap County recording
number 2007091100170, is hereby vacated.
SECTION 2. 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 of constitutionality of
any other section, sentence, clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. 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
August, 2010.
ATTEST:
Patricia J. Ili kpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. a oby, lzAttorney
Ordinance 017-10
Page 3 of 6
SUBDIVISION GUARANTEE
EXHIBIT "A"
Guarantee No.: 72030-80423673
LEGAL DESCRIPTION
TRACT T, MCCORMICK WOODS SECOND AMENDMENT, ACCORDING TO THE PLAT RECORDED
IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE, BEING AN AMENDMENT OF
VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE AND VOLUME 25 OF PLATS, PAGES
54 THROUGH 61, INCLUSIVE, ALL RECORDS OF KITSAP COUNTY, WASHINGTON;
(ALSO KNOWN AS SHORT PLAT NO. 7297, RECORDED IN VOLUME 20 OF SHORT PLATS, PAGES
56 THROUGH 58, INCLUSIVE, UNDER AUDITOR'S FILE NO. 200709110170).
SUBDIVISION GUARANTEE (EXHIBIT "A")
(Rev. 2/2/04)
(E-235025.PFDlE-235025/8)
Ordinance 017-10
Page 4 of 6
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held August 24, 2010.
ORDINANCE NO. 017-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, VACATING THE FINAL SHORT PLAT OF
KENMORE COURT AT MCCORMICK WOODS, KITSAP COUNTY
SHORT PLAT NUMBER 7297 KITSAP COUNTY RECORDING
NUMBER 2007091100170
Copies of Ordinance No. 017-10 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 017-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
September 3, 2010