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Public Hearing: Petition to Vacate a Portion of City Right-of-Way, an Alley Located Between Cline Ave and Dekalb St

NovNovember 12 2019

6:30pm Port Orchard City Hall

216 Prospect Street, Port Orchard, WA 98366

RESOLUTION NO. 035-19

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF CITY RIGHT-OF-WAY, AN ALLEY LOCATED BETWEEN CLINE AVENUE AND DEKALB STREET.

WHEREAS, the petitioner, Minh C. Trinh, submitted a petition to vacate a portion of City right-of-way, an alley located between Cline Avenue and Dekalb Street; 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 property sought to be vacated is approximately 2,421 square feet; and

 

            WHEREAS, the legal description for 16’ wide by 167’ long alley to be vacated is as follows:

THAT PORTION OF BLOCK 3, S.M. STEVENS TOWN PLAT OF SIDNEY AS RECORDED IN VOLUME 1 OF PLATS ON PAGE 1, RECORDS OF KITSAP COUNTY, WASHINGTON, IN GOVERNMENT LOT 3 IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:

COMMENCING AT SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK 3; THENCE NORTH 01°41’48” EAST ALONG THE EAST LINE OF SAID LOT 7, 75.00 FEET; THENCE NORTH 88°18’12” WEST, PARALLEL TO THE SOUTH LINE OF SAID LOT 7 103.10 FEET TO THE NORTHWEST LINE OF LOT 8 IN SAID BLOCK 3 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°18’12” WEST 24.75 FEET TO THE SOUTHEAST LINE OF LOT 4 IN SAID BLOCK 3; THENCE NORTH 51°25’49” EAST 167.56 FEET TO THE SOUTHEAST CORNER OF LOT 6 IN SAID BLOCK 3; THENCE SOUTH 01°41’48” WEST 20.97 FEET TO THE NORTHEAST CORNER OF LOT 7 IN SAID BLOCK 3; THENCE SOUTH 51°25’49” WEST 135.12 FEET TO THE TRUE POINT OF BEGINNING. 

SAID PARCEL CONTAINING 2421.4 SQUARE FEET OR 0.06 ACRES, MORE OR LESS.

            WHEREAS, the petitioner has 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 street vacation is needed to clean up the encroachment so the owner can make repairs to a deck and staff recommends moving the petition forward to the full City Council to conduct a public hearing; now, therefore,

THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

THAT:  A Public Hearing upon said proposed street vacation shall be held in the Robert G. Geiger Council Chambers at City Hall located at 216 Prospect Street, Port Orchard, Washington on Tuesday, November 12, 2019 at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear.

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.

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