051-21 - Ordinance - Vacation Portion of Harrison AvenueCITY OF PORT ORCHARD 202201140043
Ordinance Rec Fee: $ 209.50
01/14/2022 10:15 AM Page: 1 of 7
Paul Andrews, Kit
sap Cc 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. 051-21 Vacating Portion of Harrison
Avenue at Intersection of Harrison Avenue and Dekalb Street
Auditor's File Number of Document (s) Referenced:
}�Izirowa i t 1
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:
Larsen, Noel and Dena
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
4053-007-010-001 and 4053-008-015-0004
04/25/14
CITY OF PORT ORCHARD 202111180009
Ordinance Rec Fee $ 206.50
11/18/2021 09:18 AM rage: 1 of 4
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. 051-21 Vacating Portion of Harrison
Avenue at Intersection of Harrison Avenue and Dekalb Street
Auditor's File Number of Document (s) Referenced:
Granter(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:
Larsen, Noel and Dena
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 4053-007-010-0001 and
4053-008-01 5-0004
Assessor's 14 digit Tax Parcel Number
04/25/14
ORDINANCE NO. 051-21
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
DEKALB 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
Dekalb Street was submitted to the City by Noel and Dena Larsen ("Petitioner"); and
WHEREAS, the Petitioner owns fifty percent of the property abutting the
proposed vacation area, and Kymberly Phillips is the other abutting property owner on
the petition. The adjacent property owner, along with the Petitioner, 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. 067-
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. 051-21
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 Hearing. The public hearing was held on the petition for
street vacation on October 26, 2021.
Section S. 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 in 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. 051-21
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 %nearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED: October 29, 2021
EFFECTIVE DATE: November 3, 2021
Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
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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.
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5/5/21
SITE PLAN
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4053-007-005-OOCB RIGHT OF WAY o Part O•r9lord WA 98365
17 ocre .5 sq Tt) •18 acre (g7pr 7.920 sq ft)
o TAX PARCEL NO. 4033-W4-OOt-0000
0.74 ocr= (vpproc 10.454 sq R)
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621 Dekotb St
Port Orchord WA 98366
TAX PARCEL NO. 4053-007-070-0001
0 29 acre (.pp,-. 12.632 sq ft)
DEKALB ST
R/CHT OF WAY
18 acre (.pp-g. 7.854 sq ft;
0 905 Dekatt st
ai Prrt Orchard, WA 99366
TAX PARCEL NO. 4053-006-015-0004
0.24 arse (opproz 10,454 sq ft)
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