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010-08 - Ordinance - Vacating Portion of City Right-of-WayAfter Recording Return to: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200804040131 Ordinance Rec Fee: $ 46.00 04/0412008 11:44 AM Page, 1 of 6 Karen Flynn, Kitsap Co Auditor 11111111111111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111111 ORDINANCE NO. 010-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD VACATING A PORTION OF AN UNNAMED ALLEY ADJACENT TO SIDNEY AVENUE, LOCATED TO THE WEST OF PARCEL NUMBERS 4060-008-017-0102 AND 4060- 008-019-0001 Public Right of Way: No tax parcel number assigned. LEGAL DESCRIPTION: Please See Exhibit A WHEREAS, the City of Port Orchard has received a petition from Ray and Ann Garner, Matthew and Jodi Raisl, and William and Virginia Anderson representing all of the abutting property owners seeking to vacate a portion of an unnamed alley adjacent to Sidney Avenue and to the west of parcel numbers 4060-008-017-0102 AND 4060-008- 019-0001; and WHEREAS, upon proper notice, a public hearing regarding the proposed street vacation was held before the City Council on March 11, 2008; and WHEREAS, the petitioners have paid the required fees to compensate the City in accordance with state law and local ordinance; 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. Ordinance No. 010-08 Page 2 of 3 1. The following documents were admitted into the record: Street Vacation Petition, and attachments; staff report and attachments. 2. Chuck Childress testified in favor of the street vacation petition and accepted city staffs recommendation that the area to be vacated encompass a larger area, as depicted in the staff report. 3. Gil Michael spoke in favor of council members making site visits. NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES RD SECTION 1. 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 alley 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. Copies of certified deeds confirming ownership have been provided to the City. SECTION _2. The City acknowledges receipt of the sum of $4,500 which amount represents the fair appraised value of the area to be vacated. SECTION 3. The real property as described in the attached Exhibit A is hereby vacated. E TION 4. Pursuant to RCW 35.79.030 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 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. 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. PORT ORCHARD CITY OF 200804040131 Ordinance Rec Fee: $ 46.00 04104f2098 11:44 AM page: 2 of 5 Karen Flynn; Kitsap Cc Auditor 111111411113111111111111111111111$1111111111111111111111111111111IIIIIIII111111IN Ordinance No. 010-08 Page 3 of 3 SECTION 6. Effective Date. This Ordinance shall take effect five days after its publication. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Cleric in authentication of such passage this 25th day of March 0t: ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: r City 1 # . Sponsored by: AbhnCliauso.,nCouncil Member PORE OR20P�a�q��40�31 CHARD CITY OF o f co puditor {[ } 4 }} � a }g}�},4' 3 (p4f fl4 ! 2008R 1 1 , 44eAM[${ 46 . QL(i } 11� Ordinance No. 010-08 Page 4 of 5 EXHIBIT A AES �� CONSULTANTS, INC. PROFESSIONAL LAND SURVEYORS P.O. BOX 930 - 3472 N.W. LOWELL "OLD TOWNE" • SILVERDALE, WA 993S3 • 360-692-6400 - FAX 360-692-9927 PORTION OF MATEY TO BE VACATED THAT PORTION OF THE 20 FOOT WIDE PLA'17FED ALLEY LYING WITHIN BLOCK 9, SWEANY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON, ADJOINING LOTS 17, 18, 19, 24,25 ANID 26. 03-11-2008 SEO 3-11- 7Q08 PORTOrden ORCHARD Fe C$ 46 0 200804040131 Ordinance Re Fee: $ 46 pp Karen ar [fenllilll/F @11I10($lfinll 11Il1j: 4f# (4![f 1gI1IM)I!1# I# /11i1 1 ! 11111111111,111, # f ! 1 I Y I f!#f�i�lll 1111I! �iAI 111lf! l�li I��fflA t�lll�l��f ft�i i�I111111r f f [[##E( f Rage � 14 p f � - SRO UFE STREET N rzs' F_5 7? � A a `k/ 5i1.�� —� Area to be+�� Nate: Portion to be vacated has 1500 sq, ft. 'q'zo�8 SCALE 1 "= 60' Ordinance No. 010-08 Page 5 of 5 �� CONSULTANTS, INC. 'Ak VACATION EXHIBIT MAP FOR CHUCK CHILDRESS OWN BY: BJ.M. GBY: '5' S.f.O DAM J/71/0431 IJOB too.. 4131 PORT ORCHARD CITY OF 200804040131 ordinance Rec Fee: $ 46-00 page: g Of 5 04/0412008 11:44 AM Karen Flynn, Kitsap Co Auditor 11111111 III 1111111111111111114 ilflll It Ilfl 1111111111111111111 hill Illll llil Ifll