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067-21 - Resolution - Larsen Street Vacation Public HearingRESOLUTTON NO. O67-2t A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF HARRISON AVENUE, UNOPENED CITY RIGHT-OF-WAY LOCATED AT INTERSECTION OF HARRISON AVENUE AND DEKALB STREET. WHEREAS, the petitioners, Noel and Dena Larsen, submitted a petition to vacate a portion of unopened City right-of-way, a portion of Harrison Avenue between Dekalb Street and Kitsap Street; and WHEREAS, the petitioners own the parcel at 821 Deklab Street, Kitsap County Tax Parcel No. 4053-007-010-001, located directly to the west of the proposed portion of unopened right- of-way proposed for vacation, and are joined by the owner of the parcel at 905 Dekalb Street, Kitsap County Tax Parcel No. 4053-008-015-0004, located directly to the east of the portion of unopened right-of-way; and WHEREAS, the petitioners have submitted an application, copy attached hereto as Exhibit A and incorporated herein by this reference, which meets the requirements set out in Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the City; and WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have requested that proceedings be had hereon for the vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and WHEREAS, the proposed area for vacation is approximately 7,854 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: BEGINNING AT the southeost corner of Lot 70, Block 7, Plot of First Addition to Sidney recorded in Book 7, ot Page 10 of Plats, Kitsap County, Washington; Thence Eost to the southwest corner of Lot 16 of Block 8 of said plot; Thence north to the northwest corner of Lot 75 of Block 8 of soid plot; Thence West to the northeast corner of Lot 6 of Block 7 of said plot; Thence South to the Point of Beginning. WHEREAS, the street vacation is requested to reflect existing structures in the unopened right of way, including fencing, and so that the petitioners will maintain this greenbelt as private property; now, therefore, Resolution No. 067-21 Page 2 ol 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLTOWS: THAT: lt is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, October 26,202L, at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear telephonically or via the zoom platform. Access information including the telephone number and zoom information shall be included in the notices required herein. THAT: The City Clerk is directed to post notice of the petition in three of the most public places in the city and a like notice in a conspicuous place on the street sought to be vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's website. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 28th day of Septemb er 2O2L. Robert Putaansuu, Mayor ATTEST: Brandy R nearson, MMC, City Clerk .$$:t:riW::SEALi= ?",#,mtlfr*uF City of Poft Orchard City Clerk's Office 216P (360) www, Property Owne/s Noel and Dena Larsen MailingAddress: 821 Dokalb 51, Port Orchard, WA 98366 -Street City State ZIP Contact Informatlon: 360-731-2119 . noel,larsgn@qmail.com Phone Email Street or nearest cross street Parcel Number of Requested Vacation: Unopened Right of Wav between oarcels 4053:007.010-0001 and 4053-008-01 5-0004 1, The underslgned, owners of more than two-thlrds of the real property abutting upon that publlc street described below, do hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legol description oI the requested right-of-way prepared by d licensed surueyor: SeeAttached n'g-'>lS Vus-e-tr'flr1 :S f 1^ all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that said City Council by Resolution fix a time and place when this petltion shall be heard and determined by that authority, which tlme shall not be more than siny (50) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. What is the proposed use of the vacated Vacated rio to be solit 50/50 bv adiacent homeowners and incorporated into and maintained as side yards ol exislinq homes. Page 1 of 3 Street Vacatlon Applicatlonflevlred 7/7/19 3.Please provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I declare under penalty of perjury and the laws of the State of Washington that l/We are the true and correct owner(s) of the property seeking a street vacatlon. The tnlormagon on thls lorm Is consldercd a publlc rccord ond ls sublect to publlc dlsclosure lays in Chopter 42,56 RCW. +{al ".DLtof Appllcant Date 202 Signature of Appllcant When submifttnE thts applicatton, ptease moke sure the foltowing rcqulrements and docu me nts a re comPlete d : e Neighboring petltlon signed by the owners of more than two-thirds of the property abuttlng upon the part of such street or alley sought to be vacated; r New legal descriptlon to include the requested right-of-way; . Documentation supportlng the fair market value of the street or alley sought to be vacated, lf appllcable;r Documentation supporting the Non-User Statue applies, if applicable r Dimenslons of area proposed to be vacated; o Map of the proposed right-of-way to be vacated outllned or highliShted; o Application processing fee of 5120; and . SS0O appralsal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). r FOR CITY CLERK'S OFFICE USE ONLY Sl2OStreetVacation FeeReceived Yes -No Receipt $SOO Street Vacation Appraisal Fee (Refundable Deposit)-Yes - No Receipt Petltlons Received from Adjacent Property Owners -Yes - No Publlc Hearlng Date: Nottces Posted by: - Date of NoticinS: - Approved bythe Council Yes No Date Page 2 of 3 Street Vacation APPlicationnefted 1/7/19 Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW Between Dekalb Street and Kitsap Street Su m mary: For this Petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave, between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine Harmon, own the fee title to the centerline of the public right-of-way. lt is also our understanding that the fee title is encumbered by the City of Port Orchard with an easement for a public right-of-way. We believe this public right-of-way was established around 1888 under the original platting. lt appears that in the time since it was established the right-of-way has remained unopened and unimproved. Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and Kitsap Way has already been vacated by the City of Port Orchard thus isolating this public right- of-way to between Dekalb St and Kitsap Way. We believe the City of Port Orchard has no current or future need of or plans for this public right-of-way. It is our understanding of the law that, as unimproved and unopened public right-of-way, we can currently use the right-of-way as we can the rest of our property, subject to the possibility of it being opened and improved at some point in the future. Given that we, the owners of the abutting properties already hold fee title to the areas to be vacated, we ask the city to unencumber the fee title held by us in these properties by removing the public right-of-way easement associated with our properties, to extinguish the public easement allowing us to regain unencumbered title to the property and we ask the city to do so for a nominal amount, we propose a total of 54000 (four thousand dollars). City of Port Orchard City Clerk's Office 215 Prospect Street, Port Orchard, WA 98356 (350) 875-4407 o FAX (350) 895-9029 r cityhall@cltyofportorchard.us www.cityof porto rcha rd. us STREET VACATION PETITION TO NEIGHBORING PROPERTY OWNERS The Inlormotlon on thls form ls consldercd o publlc ncord ond ls subtect to publlc dlsclosurc lqws In ChoPtet 12,56 nCW, Property Owner Seeking Vacation Noel and Dena Larsen First and Last Name Contact lnformation: 360-731-2119 noel.larsen@omail.com Phone Email Street or Nearest Cross Street of Requested Vacatlon: Harrlson Ave arld Deltalb St Parcel Number of Requested Vacation: Unopened Right of Wav - Signatures of neighboring property owners (Note: all persons who have an ownerchip interest must tim the petltlon. Thls includes co-owner(sl andlor spouse. Kymberly Phillips Home Owner$le. l-First and Last Name (printed)-\,V.. {.'t - - --* (Signature) Home Owner No, 2-First and Last Name (printed) (Signature) 905 Dekalb St, Port Orchard, WA 98366 4053-008-01 5-0004 Property Address Tax Parcel Number MallingAddress: 905 Dekalb $t, Port Orchard, WA 98366Street CltY State ZiP Contact tnformation: 253-678-2739 kymberlyp6T@yahoo.com Revlsed 1/7/19 Phone Emdl Page 3 of 3 Street Vacation ApPlication Road vacation S1 BEGINNING AT the southeast corner of Lot L0, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 16 of Block 8 of said plat; Thence north to the northwest corner of Lot 15 of Block 8 of said plat; Thence West to the northeast corner of Lot 6 of Block 7 of said plat; Thence South to the Point of Beginning. Road vacation f2 BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 1 of Block 8 of said plat; Thence north to the northwest corner of Lot 2 of Block 8 of said plat; Thence West to the northeast corner of Lot 5 of Block 7 of said plat; Thence South to the Point of Beginning. t s/s/2r r. i,6ril) - t''Y ryft-.ihl\iI\N:\\.N\:T*ilsN.\\lI\\x..\s\r"s(-r)\---,a\s\,1 \+...f +$F *\'-:) \\ N\\ ^\\ "{\\.\\t'.it\{.iN ,:-ci??\IN4*\y(t'n1'.\\\I'\\\\\\\N\\\I\N.\)t!\\.u\N(&I\q,NNIqlN!N\\\\i(r\\(\}\ r.*'7,\.'t\\v.a\q.S\ i\\\{2\\\!\t\\\t\qITNN\liINrIN\\\Nr7/\i\iN"l\\\\t\\!t$$a\\iI\\i .\\N\(!Ng\\l$t.i{6o?72,2_ _ {.7urrr.bt"d(t_:-4.';*---p< KITSAP Wcrreffi66.0ORIGHT OF WAY18 aq€ (opprcx. 7920 sC lt)66.00RGHT OF WAY.18 ocrc (approx. 7,854 sq ft)SITE PLAN1'=40'-0"824 Kitsap 5lPorl Orchard. WA 9A366IAX PARCTL NO.4053-OO7-005-OOAE,17 ocre (opprox, 7,405 sq ft)6 905 Kr'lsp Sta Porl Orchord, llA 98J66& TAX PARCEL NA. 4O5J-OOE-001-OOOO' O.24 ocre (opp(ax- 10,454 sq ft)ALLEY821 Dekolb StP6l Orchord, WA 94 6rAx PARCEL NO. 4053-OO7-O10-AOO1a.29 dc.e (opprcx- 12,632 sq ft)ALLEY9O5 D*olh SlP6t Otchord, WA C8J66rAX PARCEL NO. 4A53-AO8-O|5-OOO40.24 oe (apprcx, lo,45a sq ft)8kt6at=ocr)kKU{>\{\.4r\-DEKALB ST @*OLD TOIVNE REALIY BROKERS PRICE OPIMON RE:Vacating Harrison Ave. Kitsap St. to DeKalb Sheet Port Orchard, WA, Criteria: Specific analysis and value athition is given to the current community need and/ormunicipal use or development of the ROw property since November, l8gg. Similar sizeproperty(ies) pending and/or closed sales over the previous !2-month period within a 2-mile radiusof subject property that are inside the crty limits of Port Orohard. There are only 3 properties thatmeetthis criterion. Subject Properties: Noel Larsen & Dena 851 Dekalb St. Phillips Kymberly A. 905 Dekalb St. ADDRESS Pendlng Feasibility 1667 SE Crawford Rd Sold: 3752 SE Rhapsody Dr 0000 Dekalb Phillip & Dana Hamron 824 Kitsap St. Geraldine R. Harmon 906 Kitsap St. PRICE CDOM SERVICES SFPRICE $67,000 245 No Sewer $13.9S $65,000 $91,500 No sewer Full Service October 29,2021 $ 6.34 $12.20 I 69 Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the cityhas never been inclined to use or develop the property as a public dght of way since the originalplat date of Novembex 1888. Additionally, Harrison Ave between Bay Street and prospect Alley and Prospect Alley to Kitsap St has previously been vacated. The topography ofthe subject Harrison Ave. property, al$o, presents steep incline challenges that preclude the right of way property being developed into a usable right of way. Value: Primarily the deficiencies of the subject properties as use as rigftt of way, the lack of demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the cost to develop a less than needed ROW supports a value of $4,000 for vacating and transfening ownership of the Harrison Ave. right of way from Kitsap St. to DeKatb St. to tnr frt"a owner' above. Respectfully Submitted, Donn Designated Broker / Principal Page 1 of I Vacant land Thumbnait 1557 SE Grawlord Rd, port Orchard, WA 9g966Mrs#: rcr7505 status: pF stat Dti o2127t202r L prrce: s6?roooArea: l4i Lor #: O prtcer iit;OOOplslze: .tt0rc,l4,r92xt prltotSF: +1e.9C toO$, iei' -- Sub Prop: Vtcant l."ard Office: ientr,t 2t l{orthwcstStyle; 4O - Res.Lecs t{rn I Ac Broker: Car"ie lJium - Commty: Souttr llltcaptot Dtls: Btrd Ed !$rrct, Favsd StrcctR6c€nt: 02/27lzA2I: pinding :A->pr 37_5-2 SE Rhapgody Dr, pon Oruhard,MLS#r IG,3A44Z Statusr SArea: l,l3 Lot #: 2llot Size: .2tO aclrQ89o rf Sub Prop; Vacrnt LrndStyle: {O - Rcr-Lecc thn t AcCommty: Fort OrchardPmJect: llelody VtllageZoneClass: RorldcntielLot Dtls: Cul-dq-sac, pw€d Strest WA 98366 S Price: Stat Dt: O9l22l2OZO L p.lc€; O Prlce: +69'000 l6510OO +65,00OIPrllot SF: f6.3{ CDOM:ffice: tohn L Scott, Inc.Broker: DeborahEonneville D,eKalb St Port Orchatd, WA 98866 s prtce: *Bg,oooMlS#: 1t514r2 stEhrs: 9 stat Dt: o6togl2o2o L prlcer tgl;gloArea: l,lit Lot #: O pricei lglrggoLot Slze: .160 eclorgto sf prltot SF! 112.20 CDOMi 69sub Prop: Vacant l"rnd Ofice: G Andcl.son Group LLc!tle; 40 - Rer-Lecs ttn I Ac Broker: CarV AnaefsonCommtyr Poil Onsh.FdZone Class: Bu6lnGt+ HulH-Fam[y, Recldsnuallot t]tls: Alley, Pawd Stnet Informatlon Deemed Rellable But C8nnot Be Guaranteed, Lot Slze and Square Footage Are Esumat€s. 3ltZlZOZL3:37t56 pM. General Parcel #: 4053-007-010-0001 821 DEKALB ST PORT ORCHARD, WA 98366 Taxpayer Name Malllng Address 821 DEKALB ST PORT ORCHARD, WA 98366 PartelNo. 4053-007-010-0001 Account lD 1508423 Slte Address 821 DEKALB ST PORT ORCHARD, WA 98366 Status Actlve Property Class 111 - Single family residence I.ARSEN NOEL & DENAJTROWS General Parcel #: 4053-008-01 5-0004 905 DEKALB ST PORT ORCHARq WA 98366 Taxpayer Name Malling Address PHILLIPS KYMBERLYA 905 DEIGLB ST PORT ORCHARD, WA 98366 ParcelNo. 4053-008-015-0004 Account lD 1508563 Slte Address 905 DEKALB ST PORT ORCHARD, WA 98366 Status Astive Property Class 111 - Single family residence