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021-10 - 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 201011180105 o,d/18/2010 12: Fe PM$ 66.00 Page: 1 of 5 Walter Washington, KltsaP Co Auditor 1111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: November 9, 2010 Adopted: November 9, 2010 ORDINANCE NO. o21-io AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD VACATINGA PORTION OF CITY RIGHT-OF-WAY LOCATED IN THE PI AT OF POTTERY HILL ADDITION TO SIDNEY LEGAL DESCRIPTION: at the Northwest corner of Lot 6, Block 2 of said Plat; Thence West, ro.o feet to the Center line of alley between Blocks One and Two of said Plat; Thence South along centerline of said Alley a distance of 23 feet, more or less, to the center of unpaved portion of said plat; Thence West, at right angles to Block 1, of said Plat, a distance of 1o.00 feet, to a point on the Easterly Margin of Lot 7 of Block 1 of said Plat; Thence South along East Margin of lot 7 of Block 1 a distance of 23 feet, more or less, to the northerly edge of paved surfaced driveway/access road; Thence East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the Westerly Margin of Lot 7 of Block 2 of said Plat; Thence North 46 Feet along the West Margins of lots 7 and 6 of Block 2 of said Plat to the Point of Beginning: Containing approximately 690 square feet; more particularly shown in Exhibit A incorporated and attached herein. ADJACENT PARCEL NOS: 4046-oO2-Oo6-o1O7 and 4046-oo1-007-0108 Ordinance No.021-10 Page 2 of 5 WHEREAS, on September 17, 2009 the City of Port Orchard received a petition from Mr. and Mrs. Jason Hill, Dara Lee Morgon-Rochon, and Mary Jo Buonanno, owners of more than two- thirds (2/3) of the abutting property to vacate a trapezoidal section of the alley located in the Plat of Pottery Addition to Sidney; and WHEREAS, at the November 17, 2009, Work Study Session the Council directed that a letter be sent to the property owners advising that the City cannot vacate a trapezoidal area because the City can only vacate right-of-way to the centerline of an alley or street; and WHEREAS, on August 23, 2010, the City received a revised petition from Mr. and Mrs. Jason Hill and Mary Jo Buonanno, owners of more than two-thirds (2/3) of the abutting property (hereafter "petitioners"), and a map for vacating an L-shaped portion of the right-of-way in the alley located in the Plat of Pottery Hill Addition to Sidney; and WHEREAS, at the September 28, 2010, meeting, the City Council set a public hearing on the proposed vacation pursuant to RCW 35.79•olo; and WHEREAS, the petitioners have paid the required application fees and the full appraised value of the proposed vacated area, $3,450, 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 November 9, 2010, before the City Council; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION 1. 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. Ordinance No.021-10 Page 3 of 5 f. The enlarging of the adjacent property by virtue of the annexation does not create potential or actual land uses that are inconsistent or conflict with city growth plans and goals. 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 R. This vacation shall not be effective until the owners of property abutting upon the alley so vacated pay the City the sum of $3,450, which amount is the fair appraised value of the area vacated. SECTION 4. Pursuant to RCW 35.79.03o and POMC 12.08.020, 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 s. 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. 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 9th day of Noven o10.� :":• I I :_ 6 0:u Gregory A Ja oby, "Attorney Sponsored by: r J n Clauson, Councilmember Or&narice bro. 021-101 Pace A of 9; EXHUTAIMAF 1 6t of Fo" AM-n to - V'C'tku rod", OrAk-,q 2 i Cdculatec Porn;: Vol su,vcyw 051(4) 1 \AO L4 0 z N Os 4 Ordinance No. 021-10 VACATION at Fum Page 5 of 5 Plot ofPGIIW 10 Addlia to SFW%W A porlon d to NoAreest tLrerler of the Narlieaet Cinder of Section 35, Taa d ip 24 North, Flon1 F.aN, Wierroft Meriden in The me city d Part Orrftard, KilapP Coanty, Wadingoin. A porlon d the Plaid Potlery Addloa to Sidney ports Piet ieoodad in Volsre 1 oh Plate at Page G% Reoads d lanp Coady, Wedti ghm mpa lroroq ft dsacri6ed w folosrs: MOM at the Norbesat carrier of tat 6. Bork 2 of said Not Thence West,10.0 feet b ttia Cade tea d aky Heliieen Blocks Oro and Two d said Rat Teeoe Sohn along cerledne d said May a detiroe of 23 feet, mole or lee, to the carder of inpased polar d amid Rat Thence Writ d d* NOW b Badt 1, at maid Plat a dmiaa Of 10.00 feet, b a paid an to E I% Msgn of Let 7 of Bork i d said Rat nobaly edge pared strlsomd d lot of Mock I a (b road: road: d 23 feel, more a hew b the Tliance Eat, at rk t angles b Block 4 of said Rat, a drderioe of 20A0 feet, b a point on the Watledy Margin of Lot 7 of Bodo 2 of soli Rat Ttiaoe Nob 4e Few dmV in West Mrgio of Ida 7 aid 6 at Bodo 2 of said Plat b the Point d BepirI 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 November 9, 2010. ORDINANCE NO. 021-10 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 HILL ADDITION TO SIDNEY Copies of Ordinance No. 021-10 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. 021-10 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent November 12, 2010