003-09 - Ordinance - Vacation Portion of City Right-of-Way Located in the 4300 Block of Sidney Road SWCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
paw. ems.
PORT ORCHARD CITY OF 200903120102
Ordinance Rae Fee: $ 48.00
03112f2009 01:44 PM Page: 1 of i
Walter Washington Kilsap Cc Auditor
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ORDINANCE NO. 003-09
City Clerk
City Cleric
City Clerk
February 24, 2009
February 24, 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD VACATING A PORTION OF CITY RIGHT-
OF-WAY LOCATED IN THE 43oo BLOCK OF SIDNEY ROAD
S.W.
LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER
OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EST, W.M. KITSAP
COUNTY, WASHIN'GTON: MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
THAT PORTION OF SIDNEY AVENUE RIGHTOF WAY LYING
SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF
SITE ROUTE 16 AND EASTERLY OF THE FOLLOWING DESCRIBED
LINE;
COMMENCING AT THE WEST QUARTER OF SAID SECTION 2;
THENCI? SOUTH ALONG THE WEST LINE OF SAID SOUTHWL'S1'
QUARTER. TO ITS INTERSECTION WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF SAID STATE ROUTE 6;
THENCE SOUTHF.4STERL.Y AT..ONG SAID SOLi'TI1WE'STER I Y RlI,T I I' OF
WAY LINE TO A POINT OF 6o FEET EAST OF Ai rD PEI:PENDICUL1R TO
Ordinance No. 003-09
Page 2 of 5
BEGINNING;
THENCE SOUTH, PARALLEL WITH AND 6o FEET EASTERLY OF SAID
WEST LINE, TO A POINT OPPOSITE HIGHWAY ENGINEERS STATION
A14-35+16.40 ON THE A14 LINE SURVEY OF STATE HIGHWAY NO. 16,
OLYMPIC DRIVE TO TREMONT STREET, THE POINT OF
TERMINATION. MORE PARTICULARLY SHOWN IN EXHIBIT A
INCORPORATED AND ATTACHED HEREIN.
ADJACENT PARCEL NOS:022301-3-001-2009, 022301-3-002-2oo8,
022301-3-026-2000, 022301-3-003-2007, 022301-3-007-2003, and
022301-3-005-2005
WHEREAS, on November 6, 2008 the City of Port Orchard received a petition
from Mist Ventures, owners of more than two-thirds (2/3) of the abutting property (hereafter
"petitioners"), to vacate a portion of the 43oo Block of Sidney Road S.W.; and
WHEREAS, on December 30, 2oo8, pursuant to Ordinance 048-o8, the City
Council approved the annexation of the area which included the area proposed for vacation; and
WHEREAS, on January 13, 2009, the City Council set a public hearing on the
proposed vacation pursuant to RCW 35.79•oio; and
WHEREAS, the petitioners have paid the required application fees and the full
appraised value of the proposed vacated area, $92,000, to compensate the Cityin accordance with
state law and local ordinance; and
WHEREAS, proper notice was
RCW 35.79.020 in three public places and in
vacated; and
posted in accordance with the requirements of
a conspicuous place on the street sought to be
WHEREAS, notice was also mailed on February 17, 2009, to Orand Cloise II,
owner of the only other adjacent property that is not owned by petitioners, Parcel No. 022301-3-
005-2005;and
WHEREAS, pursuant to RCW 35.79.03o a public hearing was held on February
24, 2009, before the City Council; and
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions upon the following exhibits and testimony
that it finds to be relevant and credible.
1. The following documents were admitted into the record: Street Vacation Petition, and
Ordinance No. 003-09
Page 3 of 5
2. Petition signed by Orand Cloise II, adjacent property owner.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT
ORCHARD DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Resolution 19go, the City Council finds as follows:
a. The property described below has been part of a dedicated public right-of-way
for twenty-five years or more.
b. No portion of the roadway abuts a body of water,
C. The property described below 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 right-of-way has no foreseeable or possible public use.
f. The vacation does not adversely affect utilities.
g. The enlarging of the adjacent property by virtue of the annexation does not
crate potential or actual land uses that is inconsistent or conflicts with city
growth plans and goals.
h. 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 $92,000, which amount is the fair
appraised value of the area vacated.
SECTION a. 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 public utilities and services which at the time of
passage of this ordinance are authorized or physically located on the land or a portion of the land
to be vacated.
Ordinance No. 003-09
Pape 4 of 5
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. 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 24th day of February 2009.
ATTEST:
C
Patricia J. Kir atri , City Clerk
APPROVED AS TO FORM:
Greg A. J coy, it Attorney
Sponsored by:
n Clauson, Councilmember
Ordinance No. 003-09
Derv— C —. C
FIREWEED ROAD
Lk
'L PROPOSED VACATION
`I r/
LOT A
S.P.#2752
PROPOSED VACATION
AREA "S" (28,853 s.f.)
PLAT OF FEMWOOD
LOT
SIDNEY ANNEXATION
LOT \ (437,990s;f.)
S.P. 92752
VACATION EXHIBIT
PORTIONS OF SECTIONS 2 8, 3, T 23 N, R 1 E, W.M., KITSAP COUNTY. WASHINOTON
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 February 24, 2009.
ORDINANCE NO. 003-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PORT ORCHARD VACATING A PORTION
OF CITY RIGHT-OF-WAY LOCATED IN THE 4300
BLOCK OF SIDNEY ROAD S.W.
Copies of Ordinance No. 003-09 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. 003-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
March 6, 2009
CITY OF PORT ORCHARD
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407• FAX (36o) 895-9029
February 26, 2009
Mr. Fred Depee
P.O. Box 586
Manchester, WA 98353
RE: Street Vacation 430o Block of Sidney Road S.W.
Ordinance No. 003-09
Mr. Depee,
At its February 24, 2009 meeting, the City Council approved your street vacation
request to vacate the 43oo Block of Sidney Road S.W.
The ordinance must be published prior to the vacation becoming effective and recorded
with Kitsap County. Our office anticipates the publication to be March 6, 2009, with the
ordinance being recorded by March 12, 2009. We will send a copy of the recorded
ordinance once completed. In the mean time, I am enclosing a copy for your records.
Please feel free to contact me should you have any questions.
Sincerely,
CI OF PORTO/✓RHCARD
Patti Kirkpatrick, CMC
City Clerk/Asst to the Mayor
Enclosures
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