032-08 - Ordinance - Vacating Portion of Sroufe/Rockwell - WITHDRAWN
After Recording Return to:
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ORDINANCE NO. 032-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD VACATING A PORTION OF SROUFE STREET
AND ROCKWELL AVENUE, LOCATED TO THE NORTH OF
PARCEL NUMBER 4060-005-001-0007 AND EAST OF 4060-
004-025-0002.
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 Lars S.
Kvinsland, Maxine A. Bonewell and Sung and Woo Kim representing all of the abutting
property owners seeking to vacate a portion of Sroufe Street and Rockwell Avenue
rights-of-way north of parcel number 4060-005-001-0007 and east of parcel number
4060-004-025-0002, and;
WHEREAS, upon proper notice, a public hearing regarding the proposed street
vacation was held before the City Council on September 23, 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.
1. The following documents were admitted into the record: Street Vacation
Petition and attachments; staff report and attachments.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARD
DOES ORDAIN AS FOLLOWS:
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.
SECTION 2. The City acknowledges receipt of the sum of $2,500 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.
SECTION 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 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 23rd day of September,
2008.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
Greg Jacoby, City Attorney John Clauson, Council Member