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009-22 - Resolution - Setting Public Hearing for Bay Street VacationRESOLUTION NO. 009-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY STREET, OPENED CITY RIGHT-OF-WAY. WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to vacate opened City right-of-way, a portion of Bay Street; and WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right- of-way proposed for vacation; 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 200 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. WHEREAS, the street vacation is requested to reflect existing structures in the opened right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Resolution No. 009-22 Page 2 of 8 THAT: It 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, February 8, 2022, 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 111h day of January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk ' 'A `9 Robert Putaansuu, Mayor [� . ;fit, "�r '•r' - :�, SEAS, .GCS Exhibit A to Resolution 009-22 City of Port Orchard City Clerk's Office y N 1 ' t 216 Prospect Street, Port Orchard, WA 98366 { " (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us `tea www.cityofportorchard.us CIJY ��c1� KSQRO�R PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Name(s):_ _ Walter and Roberta Huth, Trustees Mailing Address: 5 4 2 '� Street Oakland CA _ 94609 _ Street City State Zip Contact Information:. 707 889-3453 huthrobe_ rta@temail.com_ Phone Email Address of Requested Vacation: 1811) Street or nearest cross street Parcel Number of Requested Vacation: 4027-034-003-0007 1. The undersigned, owner of real property abutting upon that public street/alley described below, does 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): Legal description of the requested right-of-way prepared by a licensed surveyor. SEE ATTACHED all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: to clear the encroachment that is in the city right-of-way. Page 1 of 3 Vacation of City Right -of -Way Application 3. 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/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. v l J�\ TJ�I } > > ol~ - 4u Tt1 Te-Us1- _ Signature of Applicant Date a T c _ 4— L. Signature of Applicant Date 12-13--Z1 When submitting this application, please make sure the following requirements are completed and documents are submitted. • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; Application processing fee of $120; and $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). I 7,1r1,V.CLERK'S OFFICE USE ONLY 4 $120 Vacation Fee Received , Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes — No Receipt No.:. _ Support For Vacation Petition By Abutting Property Owners form(s) Received �T No Public Hearing Date:. _ Notices Posted by:.. _ _ Date of Noticing: Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application �Y Lry N1 1 IIy s 1 —41 . �w City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): First and Last Name Contact Information: _ Phone Email Street or Nearest Cross Street of Requested Vacation: Parcel Number of Requested Vacation: Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co -owners) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 1 Name of Corporation (if applicable) (Signature and/or Title) First and Last Name (Printed) of Property Owner/Corpora ff i er - Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) Property Address Mailing Address: Street Contact Information Phone Tax Parcel Number City State Zip Email Page 3 of 3 Vacation of City Right -of -Way Application EXHIBIT _ PARCEL NO. 4027-034-003-0007 RIGHT OF WAY VACATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE NORTHEASTERLY MARGIN OF BAY STREET; THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 29 ° 49' 40" WEST, 11.00 FEET, - THENCE NORTH 60° 10' 20" WEST, 18.20 FEET,• THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN, THENCE SOUTH 60° 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021) THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. 10%13%ti0-m 20-ROW-VACATION,DOCX Page 1 of 1 KPG fACt-)MA• St l ILL GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M. If \ N.T.S. TAX LOT NUMBER I 4027-034-002-0008 N TAX LOT NUMBER 4027-034-003-0007 TAX LOT NUMBER 4'�cyT RIGHT OF WAY 4027-034-005-0005 o'c AREA = 200 S.F.t , TPOB � 4.15' I POB I ST a If \ i DATE: 10/13/2021 FILE: 20.DWG Kph EXHIBIT Interdisdplinary Design 01�1E1 0 llAve IWJefersonAve PARCEL 4027-034-003�-0007 ,le400 Taoxna,WA90402 SeaOk,V,A98I21 (269)627-0120 RIGHT OF WAY VACATION 1 1280.1640 www,Mpgmm HUTM WALTER a ROBERTA T RLIS--°S 4027-034-003-0007 1503507 .819 SAY ST PORT ORCHARD WA 98366 554 287-1 ST OAKLAND C4 94609 3507 PI-L., 9 SkcW— ec 6 L-y A.r_ssmenl: Suiltin0 S It pruven—" 9e1ue lk 7-R HisturY :U[ina D ILIMLL DCD P= n t -.ri`u