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052-21 - Ordinance - Vacating Portion of Harrison AvenueCITY OF PORT ORCHARD 202201140044 ordinance Rec Fee: $ 209.50 Page: 1 of 7 01/14/2022 10:15 AM Name and Mailing Address pawl Andrews, Kitsap cc 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 Title(s): Ordinance No. 052-21 Vacating Portion of Harrison Avenue at Intersection of Harrison Avenue and Kitsap Street Auditor's File Number of Document (s) Referenced: I 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: Harmon, Dana and Phillips, John 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 SE Corner of Lot 10 Block 7 E to SW Corner of Lot 16 Block 8 SE Corner of Lot 5 Block 7 E SW Corner of Lot 1 Block 8 Assessor's 14 digit Tax Parcel Number: Unopened ROW between parcels 4053-007-005-0008 and 4053-008-001-0000 04/25/14 CITY OF PORT ORCHARD 202111180010 or,jinance Rec Fee $.206 50 page: 1 of 4 11118/2©21 09-t9 qM Paul Andrews, Kitsap co Auditor Name and Mailing Address 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 Title(s): Ordinance No. 052-21 Vacating Portion of Harrison Avenue at Intersection of Harrison Avenue and Kitsap Street 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: Harmon, Dana and Phillips, John 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 Unopened ROW between Parcels 4053-007-005-0008 and 4053-008-001-0000 Assessor's 14 digit Tax Parcel Number 04/25/14 ORDINANCE NO.052-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF HARRISON AVENUE, UNOPENED CITY RIGHT- OF-WAY LOCATED AT INTERSECTION OF HARRISON AVENUE AND KITSAP STREET 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 is an intersection of Harrison Avenue and Kitsap Street was submitted to the City by Dana Harmon and John Phillips ("Petitioners"); and WHEREAS, the Petitioners owns fifty percent of the property abutting the proposed vacation area, and Geraldine Harmon is the other abutting property owner on the petition. The adjacent property owner, 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 September 28, 2021, the City Council adopted Resolution No. 087- 21, fixing October 26, 2021, 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 of the pending street vacation petition and public hearing thereon as required by law (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, staff reviewed the petition and, in light of the provisions of POMC chapter 12.08.060, determined this proposed street vacation is not subject to the 1889- 1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of the original creation of the City boundaries in 1890; and WHEREAS, the City Council held a public hearing on October 26, 2021, on the proposed street vacation; now, therefore, 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), staff has determined the area proposed for vacation has not been vacated by lapse of time under the non -user statute. Ordinance No. 052-21 Page 2 of 3 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 October 26, 2021. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearin. The public hearing was held on the petition for street vacation on October 26, 2021. 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, if any, and considering the staff report and all other relevant facts, the City Council finds as follows: a. The area sought to be vacated was annexed into the City by adoption of Ordinance No. 15 on April 6, 1891. To date the City has not opened the ROW. b. The area sought to be vacated is not needed for public travel now or in the foreseeable future. c. The functionality of the area sought to be vacated for public purposes is nonexistent. d. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. e. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. f. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. Section 7. City Council Conclusions. The City Council has determined that the area proposed for vacation may be vacated and hereby approves the street vacation petition. 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, upon compensating the City in an amount which does not exceed the full appraised value of the area so vacated. Ordinance No. 052-21 Page 3 of 3 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. 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 26th day of October 2021. ATTEST: Brandy inearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: October 29, 2021 EFFECTIVE DATE: November 3, 2021 Robert Putaansuu, Mayor SPONSOR: ON Y`F]�7 Scott Diener, Councilmember �.��D�Q�{P SEAL Road vacation #1 BEGINNING AT the southeast corner of Lot 10, 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 #2 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. ,ti Ir •3A•.� .. - y. i• 5/5/21 KI TSAP b 'O;TEO7_ 66.00 I F SITE PLAN ' r 824 X;mep S1 f ! E P-1 Orchard WA 98366 TAX PARCEL NO. 956 Rltsp S! 4053-OC7-005-000S RIGHT OF WAY o P✓t rC:ord• W.4 98366 7T acre (approx. 7,<0.5 sq R) .16 ocre (Vprc. 7,420 sq R) ,may TTX PARCEL NO. 4053-f*---001-0000 O24 acre (epprox ;0.454 sq :t) i i I jl JJ l ALLEY 66.00 --�- ,ALLEY ! t r i �J 321 Dekgfb 5l R;G T OF WAY o 905 Dekdh Ef 1 Orchard, WA 98366 TAX PARCEL NO. 4053-00T-G70-0007 .18 ocre (approx. 7,854 sc `!) Po.�! Orchord• WA 98366 fIf 029 acre (opp-a i2632 sq l) TAX PARCEL NO. 4053-GOB-015-0004 { IF + 0.24 ocre (opprcc 10,454 sq ft) I � I I ! I � DEKALB ST �O Q� 2Q