Resolution No. 2021-12 Relating to Setting Public Hearing for Unnamed Path Road Vacation-Approved 092821Page 1 of 2
RESOLUTION NO. 2021-12
A RESOLUTION of the City of Bainbridge Island, Washington,
fixing a date for a public hearing to consider vacating Unnamed
Path, 1912 Chautauqua Replat.
WHEREAS, the City has received a petition to vacate Unnamed Path, 1912 Chautauqua
Replat from JOMOJO HAWAII LLC, owners of Property Tax Lot Nos. 4140-009-004-0109 and
4140-010-004-0305, adjacent to the subject Unnamed Path, 1912 Chautauqua Replat, pursuant to
Chapter 12.34 of the Bainbridge Island Municipal Code (“BIMC”); and
WHEREAS, in accordance with BIMC 12.34.060, the Director of Public Works has
found that the petition has been signed by more than two-thirds of the owners of the parcels
abutting the portion of the street proposed to be vacated and brings the petition to the City
Council to set a date for a public hearing on the proposed vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The petition meets the sufficiency requirements of RCW 35A.01.040.
Section 2. Pursuant to BIMC 12.34.060, the date and time of November 9, 2021, at
6:00 PM, or as soon thereafter as the matter may be heard, is hereby established as the date on
which the Bainbridge Island City Council will hold a public hearing to consider the proposed
vacation of Unnamed Path, 1912 Chautauqua Replat, depicted on the attached drawing (Exhibit
A). The hearing will be held as part of the regular City Council meeting at Bainbridge Island
City Hall, in the Council Chambers, located at 280 Madison Avenue North, Bainbridge Island,
Washington.
Section 3. Pursuant to RCW 35.79.020 and BIMC 12.34.080, the City Clerk, or the
Director of Public Works acting under the direction and supervision of the City Clerk, is hereby
directed to give at least 20 days’ notice of the date, time, location, and purpose of the public
hearing by: (a) publishing written notice once in the City’s official newspaper; (b) posting a
placard in a conspicuous place at each end of the street sought to be vacated; (c) mailing written
notice to all petitioners at the addresses on the petition and all owners of property abutting the
street proposed to be vacated, as shown on the records of the Kitsap County Assessor; and (d)
posting written notice in three prominent public places throughout the City.
Page 2 of 2
PASSED by the City Council this 28th day of September, 2021.
APPROVED by the Mayor this 28th day of September, 2021.
Rasham Nassar, Mayor
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: September 24, 2021
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 2021-12
Exhibit A: Map
Mountain View Road NE Vacation, portion of -Page 1 of 4
Public Works Department Memorandum
Date:September 17, 2021
To:City Council
From:Chris Wierzbicki, Public Works Director
Subject:Unnamed Path, 1912 Chautauqua Replat (AKA Mountain View Road NE)
Staff Report
______________________________________________________________________________
Background
The City of Bainbridge Island received a petition to vacate a portion of Mountain View Road NE
on May 28, 2021,and then resubmitted on September 7, 2021.City staff has verified the
petition to be sufficient and to move forward with a resolution to set a public hearing date.
Proposed Resolution No. 2021-12 is pending approval at the September 28, 2021 Business
Meeting,setting a public hearing date of November 9, 2021.
The following tax parcels abut the proposed vacation area:4140-010-004-0305 and 4140-
009-004-0109.See attached map depicting the proposed right-of-way vacation area.
BIMC 12.34.080
Upon passage of Resolution No. 2021-12 setting a public hearing date,City staff shall publish a
written notice in the city’s official newspaper of record, place signage at each end of the area
to be vacated,and mail written notices to all petitioners and all owners of property abutting
the street or alley to be vacated 20 days prior to the public hearing date.
Easements
The proposed road vacation ordinance contains a provision retaining or requiring conveyance
of easements for construction,repair,and maintenance of existing and future utilizes and
services.Currently, there is one existing utility easement for Kitsap Public Utility (KPUD) water
services.
Appraisal:
The Director of Public Works has accepted the appraisal prepared by George A. Brooks on
August 11, 2021, in the fair market value of $11,550.00. The Applicant will need to pay the
Mountain View Road NE Vacation, portion of -Page 2 of 4
appraised value amount prior to the adoption of the final reading of the proposed road
vacation ordinance.
Flagging:
The Applicant’s surveyor has flagged the proposed road vacation area.
BIMC 12.34.110 –City Council decision -Criteria:
Following the public hearing and receipt 0f the staff report,the City Council shall determine
whether to vacate the street or alley and forward the proposed road vacation ordinance for a
second and final reading to a future business meeting. The determination shall include, but not
be limited to, consideration of the following criteria:
A.Whether a change of use or vacation of the street or alley will better serve the public
The vacation will better serve the public by allowing compensation in lieu of the path that
no member of the public is known to have ever used. The path is partially covered by a
residential structure and the path to the northwest was vacated in 2009 and the path to the
Southeast is partially covered by the neighboring property owner’s home (Lot B). A better
use to serve the public would be compensation.
B.Whether the street or alley is no longer required for public use or public access
The path dedicated has had no known use by the public and is not anticipated to have a use
in the future given its location dividing the applicant’s parcels and the vacated status of the
adjacent former path of the northwesterly parcel (Parcel 4140-009-006-0107).
C.Whether the substitution of a new and different public way would be more useful to
the public
A new and different public way, not located the applicant’s parcels, would be more useful
because it would allow for use, whereas this path has a house that has stood in the path for
over 60 years, and it does not provide access anywhere.
D.Whether conditions may so change in the future as to provide a greater use or need
than presently exists
There are no conditions that may change in the future to provide any use or need, the path
has never been used as such and a home is built in the path.
E.Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of the public
The adjacent owners are supportive of the path vacation. The owners to the northwest,
Cichowski/Rejzek, completed a vacation of the path that connected to the current path on
their property in 2009, (Ordinance No. 2009-08). The owner to the southeast, Bockus, has
no objection. No objections to the vacation are known.
If the city council determines to grant the vacation, the action shall be made by ordinance
with such conditions or limitations as the city council deems necessary and proper to
Mountain View Road NE Vacation, portion of -Page 3 of 4
preserve any desired public use or benefit. The ordinance may contain a provision retaining
or requiring conveyance of easements for construction, repair and maintenance of existing
and future utilities and services.
Public, Utility, Agency & Departmental Comments:
Comments regarding the proposed right-of-way vacation were solicited and received from
other agencies, utility companies and city departments. The Public Works Department
received the following comments to date. See attachments.
Planning and Community Development Department (Heather Wright):
Due to the steepness of the property, the likelihood of there ever being opened (and safely) is
nil, plus our reg’s (SMP & CAO) would make that challenging. I have no objections.
Police Department (Joseph Clark):
No comments
Bainbridge Island Fire Department (Jackie Purviance):
I don’t see any issue with vacating this.
Bainbridge Island Metropolitan Park & Recreation District (BIMPRD)(Perry Barrett):
The highlighted area as shown in yellow (proposed road vacation area) is not a concern to
Parks nor to the Park Foundation.
Kitsap Public Utility District (KPUD) (Mike Flaherty):
KPUD has existing infrastructure that runs within this easement. Kitsap PUD has three (3)
water meters that are served from the 1 ¼inch water main. Kitsap PUD is open to relocation
of this infrastructure to within the Mountain View Road NE and individual service lines being
installed to serve each property. To be clear, Kitsap PUD is open to relocation of this
infrastructure, but it would be at the Property Owner/Developer’s expense.
Kitsap Public Utility District (KPUD) (Bill Whitely):
I spoke with Mike Flaherty about this and agree with his earlier response. We have no
objections to the vacation of the Path R/W, as long as a Utility Easement remains for our active
water services. Can you provide us a copy of the Utility Easement?
Puget Sound Energy (PSE)(Kitty Ogg):
This strip appears to have been established when this plat was originally established from my
research. I have also researched,through our facility maps,and see that the service to the
property is an overhead service. I did not find any reference to any electrical facilities within
this area –but would always caution anyone doing any digging in this area to call for locates to
verify the location of any underground services. This vacate is recommend by PSE. At any
time in the future,the property owner is requiring some electrical service, PSE can obtain an
easement if required at that time.
Comcast:
Comcast has no plans in the area and does not require an easement.
Mountain View Road NE Vacation, portion of -Page 4 of 4
Century Link (Don Twiggs):
Century Link via Letter:Qwest Corporation d/b/a CENTURY LINK QC (Century Link) has
reviewed the request for the subject vacation and has determined that is has no objections
with respect to the areas proposed for vacation as shown and/or descripted on Exhibit A
attached hereto and incorporation by this reference.It is the intent and understanding of
Century Link that this vacation shall not reduce our rights to any other existing easement or
rights we have on the site or in the area. This vacation response is submitted with the
stipulation that if Century Link facilities are found and/or damaged within the vacated area as
described, the applicant will bear the cost of relocation and repair of said facilities.
Century Link via Email: Century Link does not have any facilities lying within the proposed
vacation area. Our “No Objection to Vacate” mentions that an easement will need to be
reserved If any facilities are found within the proposed vacation area. This is to protect
anything that may not be mapped in our system. However, our infrastructure map identifies
all of our facilities are located within the Mountain View Road NE. Our response is not
requiring an easement at this time.
Public Works Staff Recommendation:
Public Works has no objections to this proposed road vacation.
— Application
— Petition
— Legal Description
— Replat
— Survey
— Flagging Confirmed
Comment
Excerpts