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018-07 - Ordinance - Vacation Portion of S.W. Wilkins DriveCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200707260008 ordinance Rec Fee: $ 43.00 Page: 1 of 4 07/26/2007 08:53 AM Karen Flynn, KitsaP Co Auditor 11111111 III 11111111111111111111 IIE11 IIIIII IN iill 11111111111111111111111111 IE IIII ORDINANCE NO. 018-07 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF S.W. WILKINS DRIVE LYING BETWEEN THE WEST RIGHT OF WAY LINE OF S.E. WILKENS PLACE AND THE EXTENDED EAST RIGHT OF WAY LINE OF CASECO LANE Public Right of Way: No tax parcel number assigned. Legal Description: Located in the SW 1/4 of the SW 1/4 of Section 26, Township 24, Range 1E. See Exhibit "A" for full legal description. WHEREAS, Roger Jensen and Thelma Hovde (applicant) have submitted a petition to vacate a portion of the S.W. Wilkins Drive right of way as legally described above, and said petition has been signed by all of the property owners abutting the portion of the street to be vacated; and WHEREAS, a public hearing regarding the proposed street vacation was properly noticed and held on October 25, 2004 in City Council Chambers, 216 Prospect Street, Port Orchard, Washington; and WHEREAS, the applicant has quit claimed to the City a strip of land approximately forty (40) feet wide and one hundred (100) feet in length to extend Caseco Lane and provide a safer street intersection with Bay Street, and has indemnified the City against any hazardous materials that may exist on the property; and WHEREAS, the applicant has re -aligned Caseco Lane to the satisfaction of the city engineer; 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. 018-07 Page 2 of 3 1. The following documents were admitted into the record: A. Staff report, dated October 25, 2004. B. Street Vacation Petition with attachments submitted by Roger Jensen and Thelma Hovde. C. Correspondence from Mel Holgerson to the City Clerk, dated September 3, 2004. D. Correspondence from Mel Holgerson to Alan Lobdell, dated September 27, 2004. E. Documents provided by Craig Baldwin. 2. Alan Lobdell, interim city engineer, summarized the proposed street vacation. 3. Mel Holgerson, representing the abutting property owners, spoke on behalf of the proposed street vacation and explained the basis for the valuation. 4. Michael Saltvick, citizen, described his concerns regarding ingress and egress to his property in the event the vacation is approved. 5. Craig Baldwin, citizen, described his concerns regarding ingress and egress to his office building but explained that the petitioner had agreed to make certain accommodations to ensure that he had adequate access to his property. 6. Patrick Lucas, citizen, praised the abutting property owner for conducting a cleanup of contaminated soil. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTONDO ORDAIN AS FOLLOWS: Section 1: Based upon the testimony and exhibits, the City Council finds and concludes as follows: 1. The property described in Exhibit "A" has been part of a dedicated public right-of- way for 25 years or more. 2. The property described in Exhibit "A" is not useful as part of the City road system and the public will be benefited by vacation of the City's interest. 3. No portion of the right of way abuts a body of water. 4. The property owners have dedicated a 40 foot right of way to the City extending Caseco Lane to Bay Street. 5. The property owners have agreed to ensure that Craig Baldwin retains adequate and safe access to his property. 6. The property owners have indemnified the city against the presence of hazardous substances on the property to be dedicated to the city. 7. Copies of certified title reports confirming ownership have been provided to the City. Section 2: The property described on Exhibit "A" is hereby vacated upon satisfaction of the requirements set forth below in Section 3. PORT ORCHARD CITY OF 200707260008 Ordinance Rec Fee: $ 43,00 07/26/2007 08:63 AM Page: 2 of 4 Karen Flynn, Kitsap Co Auditor 11111111 I 1111111111111111111111111111111111111111111111111111111 I 1111111111111111111111111 Ordinance No. 018-07 Page 3 of 3 Section 3: This vacation shall not be effective until the owners of the property abutting upon the street so vacated pay the City the sum of $14,800.00, which amount is the fair appraised value of the area vacated less the value of the property that the property owners have quit claimed to the City. Section 4: The City Clerk is authorized and directed to record a certified copy of this ordinance with the Kitsap County Auditor upon receipt of the compensation provided above. Section 5: Pursuant to RCW 35.79.030, the City reserves and retains a perpetual easement under, on, or over the above -described vacated land for the construction, repair, and maintenance of public utilities and services which at the time of passage of this ordinance are authorized or physically located on the land or a portion of the land to be vacated. Section 6: This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of July 2007. ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: Assistant i Att ey KIM E. ABEL, MAYOR Sponsored by: n Clauson, Council Member PORT ORCHARD CITY 07//26/200708.53eKaren PlYnn, AM$ 43.00 R200707260008 Orcfinanoe OF IIIIIIiIIII�II"'IIII�I'III�I'I'ap CO di t or page:3 Of 4 IIIII�I��I�II�� IIIIIIIIIIIIIIIIIit, IIxIIIIIIIII,III, III, ENhiOt 9, S.W. WILKINS DRIVE Ord'in:ance N.o, 01,8-07 Petition for vacation thereof: City of Port Orchard to Nordic Properties DESCRIPTION OF ROADWAY TO BE VACATED That portion of the northerly roadway running East to West as shown on the face of the Plat of "Port Orchard Bay Waterfront Tracts" in Volume 4 at page 75, records of Kitsap County, Washington, also known as "S.W. Wilkins, Drive described as follows and per the exhibit `A' attached hereto and made apart hereof: Commencing at the Southeast corner Lot 9 of said Plat; Thence North 29056'00" East along the East line of Lot 9 of said Plat to the South Margin of SW Wilkins Drive per said Plat and the POINT OF BEGINNING; Thence continuing North 29056'00" East 42.78 feet, more or less to the North Margin of said SW Wilkins Drive; Thence West along the North Margin of said SW. Wilkins Drive to a point that is 40.00 feet East of and as measured Perpendicular to the East line of property conveyed to Craig T. and Anita M. Baldwin per Statutory Warranty Deed recorded under Auditor's File Number 200101310039; Thence South 22033'56" West, 30.10 feet to the South Margin of said SW Wilkins Drive; Thence Easterly along the South Margin of said SW Wilkins Drive to the POINT OF BEGINNING; EXCEPT any portion thereof lying within State Route 160 PORT ORCHARD CITY OF 87/26rdi 200707260008 n/a3g;7R;g1;e4M$ 43.00 Karen Flyn n, Kitsap CO , Puditor Page: 4 Of 4 I 111111 till UN, IT It III, ta tilln it ,it till, it,, it,, it,