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
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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
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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
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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
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