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002-22 - Ordinance - Vacating Portion of Depot StreetCITY OF PORT ORCHARD 202201140036 Ordinance Rec Fee: $ 208.50 01/14/2022 10:11 AM Page: 1 of 6 Name and Mailing Address Pau i Andrews, Kit sap co Auditor City of Port Orchard -Clerk's Office 216 Prospect Street Port Orchard, WA 98366 The Recorder is required to use only the information you provide on this cover sheet to index the document. Type or print legibly Document Tltle(s); Ordinance No. 002-22 Vacating Portion of Depot Street, Unopened City Right -of -Way Auditor's File Number of Document (s) Referenced: Grantor(s) person(s) that conveys, sells or grants interest in property: City of Port Orchard Grantee(s) person that buys, receives or to whom conveyance of property is made: Smith, Stanley and Vasquez -Smith, Alice of ISB Holdings, LLC Abbreviated Legal Description: • Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR • Plat/Condo Name, lot or unit number, building or block number; OR • Short Plat, Large Lot number, lot number and auditor file number Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. Assessor's 14 digit Tax Parcel Number: 4027-002-001-0006 and 4027-003-008-0403 04/25/14 ORDINANCE NO. 002-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF DEPOT STREET, UNOPENED CITY RIGHT-OF- WAY IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, a petition for vacation of a portion of Depot Street was submitted to the City by Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC ("Petitioners"); and WHEREAS, the Petitioners owns fifty percent of the property abutting the proposed vacation area, and Stanley Smith and Alice Vasquez -Smith of ASD Sound Investments, LLC are the other abutting property owners on the petition. The adjacent property owners, along with the Petitioners, represent the owners of more than two thirds of the abutting property, and all have signed and are in support of the petition; and WHEREAS, the City Council supports the Land Use Committee's recommendation to vacate the right-of-way; and WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 083- 21, fixing January 11, 2022, as the date for a public hearing on the street vacation petition, which is not more than 60 days or less than 20 days after passage of the Resolution (POMC Section 12.08.010(3) and RCW 35.79); and WHEREAS, the City Clerk provided public notice and posting of the pending street vacation petition of the public hearing as required by law (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, the City Council held a public hearing on January 11, 2022, on the proposed street vacation; and WHEREAS, staff determined the requested vacated area was platted prior to the incorporation of the City in October of 1890, and remained in Kitsap County's jurisdiction until annexed on October 10, 1960; and WHEREAS, staff reviewed the petition and, in light of the provisions in POMC chapter 12.08.060 determined this proposed street vacation is subject to the 1889-1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) and is vacated by lapse of time; now, therefore, Ordinance No. 002-22 Page 2 of 3 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non -user Statute. Under POMC Section 12.08.060(5), if the City Council determines that the area proposed for vacation has been vacated by lapse of time under the non -user statute, it shall approve the vacation ordinance. Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days' and not more than 60 days' notice of the pendency of the street vacation petition and the public hearing thereon, as required by POMC Section 12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to be vacated. Section 3. Staff Report. Staff has prepared a report and recommendation on the proposed vacation, which is dated January 11, 2022. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on January 11, 2022. Section 5. Testimony at Public Hearing. The Public Hearing was held and no one from the public commented on this street vacation Section 6. City Council Findings. After hearing the testimony of the public and considering the staff report and all other relevant facts, the City Council finds as follows: a. The plat document provided shows the area platted, and b. City Ordinance No. 675 provided proof the area remained in the County longer than 5 years as required by RCW 36.87.090. Section 7. City Council Conclusions. The City Council determines the area proposed for vacation has been vacated by lapse of time under the non -user statute, and that the City has no legal interest in this area, and therefore shall approve the vacation ordinance. Section 8. Compensation and Recording. A certified copy of this Ordinance vacating the proposed area shall be recorded by the City Clerk with the Kitsap County Auditor's office, as required by RCW 35.79.030. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Ordinance No. 002-22 Page 3 of 3 Section 10. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 11. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 111h day of January 2022. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte Archer, City Attorney PUBLISHED: January 14, 2022 EFFECTIVE DATE: January 19, 2022 7 G9��7 Scott Diener, Councilmember y,,,`�FpI{a�'�'r.. SEAL Uy�l7liillV i1N■� Exhibit A Page 1 of 2 Legal Description of Road to be Vacated Gov't Lot 2 (NW %) of Sec. 25, T. 24 N, R. 1 E, W.M. Vacation of Depot Street Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64 and 64, in Kitsap County. Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912. Contains 2,000 square feet. ,, p dN!zb LASyd 1'fL W Yf kAfan[Y4ua_ Written by Checked by ibs legal.docx Page 1 of 1 Exhibit A Page 2 of 2 Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington 100' Ln VACATED PER COMMISSIONER'S JOURNAL PORTION TO VOLUME 4, PAGE 18 BE VACATED 100' r � DEPOT STREET oo w VACATED PER COMMISSIONER'S JOURNAL in Q VOLUME 4, PAGE 18 100' ry Iz W n : 9 0 Ln Ln P 6u I Ln +�� N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 JOB NO.: 11808