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024-06 - Ordinance - Vacation Portion of Austin AvenueAfter Recording Return to: City of Port Orchard Attn. Michelle Merlino 216 Prospect Street PORT ORCHARD CITY 0F Ordinance Rec Fee: $ 34 ©000702260004 Port Orchard, WA 98366 02/26/2007 08:25 AM Karen Flynn, Kitsap Cc Auditor Page: 1 of 3 1 WIN 1111111111111 all 1111111111111110111111101111111111111111111111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD VACATING A PORTION OF AUSTIN AVENUE LYING BETWEEN THE NORTH RIGHT OF WAY LINE OF DWIGHT STREET AND THE SOUTH RIGHT OF WAY LINE OF DE KALB STREET LYING BETWEEN BLOCK 006, LOT 10 AND BLOCK 17, LOTS 7 AND 8 OF PLAT NO. 4650 AS RECORDED IN VOLUME 1 OF PLATS PAGE 1 Public Right of Way: No tax parcel number assigned. LEGAL DESCRIPTION: The NW 1/a of the SE 1/4 of Section 26, Township 24N, Range 1E, that portion of Austin Avenue as depicted in Plat No. 4650 in Volume 1 of Plats, page 1, Records of County Auditor, lying between Block 006, Lot 10 and Block 17, Lots 7 and 8 of Plat No. 4650 as recorded in Volume 1 of Plats, page 1, Records of Kitsap County Auditor, Situate in Kitsap County, Washington. WHEREAS, the City of Port Orchard received a petition from William M. Crawford and Marilyn M. Crawford, John H. McGilliard and Carol C. McGilliard, Richard L. Peterson and Linda L. Peterson, Mark L. Yelish and Diane L. Yelish, Robert A Fralick and Donna J. Cralick representing all of the abutting property owners seeking to vacate that portion of Austin Avenue lying between the north right of way line of Dwight Street and the south right of way line of De Kalb Street lying between Block 006, Lot 10 and Block 17, Lots 7 and 8 of Plat No. 4650 as recorded in Volume 1 of Plats, page 1; and WHEREAS, upon proper notice, a public hearing regarding the proposed street vacation was held before the City Council on November 27, 2006; and WHEREAS, the petitioners have paid the required fees to compensate the City in accordance with state law and local ordinance; and Ordinance No. 024-06 Page 2 of 3 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. 2. Mr. Richard Peterson, representing the abutting property owners, spoke on behalf of the proposed street vacation and explained the basis for the valuation. NOW, THEREFORE, THE COUNCIL OF THE CITY OF PORT ORCHARX 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 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. Copies of certified title reports confirming ownership have been provided to the City. SECTION 2. The following described property is hereby vacated upon satisfaction of the conditions set forth in Section 3 below: Austin Avenue lying between the north right of way line of Dwight Street and the south right of way line of De Kalb Street: Section 26, Township 24N, Range 1E, that portion of Austin Avenue as depicted in Plat No. 4650 in Volume 1 of Plats, page 1, Records of County Auditor, lying between Block 006, Lot 10 and Block 17, Lots 7 and 8 of Plat No. 4650 as recorded in Volume 1 of Plats, page 1, Records of Kitsap County Auditor, Situate in Kitsap County, Washington. SECTION 3. This vacation shall not be effective until the owners of the property abutting upon the right of way to be vacated pay the City the sum of $10,000, which amount is the fair appraised value of the area 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 PORT ORCHARD CITY OF 200702260004 Ordinance Rec Fee: $ 34.00 02/26/2007 08:26 AM page: 2 of 3 Karen Flynn, Kitsap Cc Auditor 1 I1111 III Milli 111 IIIIII �111 III H 11111111 IIII IIIII IIIII rill)11111 IIII lilt Ordinance No. 024-06 Page 3 of 3 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. 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 11t" day of December 2006. - t1rk-'2&1 KIM ABEL, MAYOR ATTEST: Michelle Merlino, City Clerk APPROVED AS F Sponsored by: i horn Roder, Comber PORT ORCHARD CITY OF 200702260004 Ordinance Rao Fee: $ 34.00 02/26/2007 08:25 AM Page: 3 of 3 Karen Flynn, Kitsap Go Auditor 11111111 III IIIIII 1111 IIIIII IIII IIIIIII IIIIII IIII 111111111111111111111111 IN IN